THE MADHABDEV UNIVERSITY ACT, 2017

"tftqgiaf< - rvu /tr Registered No.-768l97 \ryqn M sgtqq{n THEASSAM GAZETTE \Mt${.t EXTRAORDINARY 4tgogwEr<tetorFtu PUBLISHED BY THE AUTHORITY d( 625 ftt"g<, mtrmFl, 3oqdil-+{,20t7, 8 st&', 1939 ers) No. 625 Dispur, Monday,30th October,2077,8th Kartika,1939 (S.8.) t GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH NOTIFICATION The 25th October, 2017 No. LGL.2291201715.- The following Act of the Assam Legislative Assembly which received the assent of the Governor on 16th October, 2017 is hereby published for general information. ASSAM ACT NO. XXXV OF 2OI7 (Received the assent of the Governor on 16th October, 2017) THE MADHABDEV UNMRSITY ACT, 2017 t a I.t 4802 THEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2OI7 Prcamble Short title and comrmeDc€mcnt. Definilions AN ACT to upgrade the Madhabdev Colle5.,e. la&himpur as a Universiry, to constitrte and esablish a teachin6 research oriented, affiliating urd partially-residenthl University et l*khimprr by upgrading tbe existing MadhaMw College to a Univcrsity. Whcreas it is cxpedient to upgrade the MadhaMev College, Lakhimpur to a Unirrersity. to consritute and tstablish a teaching. resean:h orionted, aftiliaring and partially-residential university at Lakhimpur by upgrading the existing MadhaMev Cotlege to a Univepity. It'is hercby enacted in the Sixty eighdr Year of the Republic of lndia as fiillows: It shall come into force on Such date or datss as the State Govirnment may, bI notification in the Official Gazetr. appoint. ' In this AeL unless therr: is an1'thilrg repu$rarrl to the subject or contex( (a) *AfHlisred College- means a collcge other than a constitrent or recognised college, affiliated to rhe University and includes a collegp decnrld to be affiliated under section 6(xii) utd section 7; (b) "Affiliatcd Institution" ,neans an institution other than a constituent cotlege or a rccognised institution, aftiliated to the University and includcs an institution deerned to be affiliated under section 6(xii) and scction 7; (o) "Board of Studies" nroans a Buard of Studies constituted under scction 34; (d) "Coostintent Colloge" rreans a college established, maintaincd or managed by tre University rnd irnparting under'graduatc and I' or posl-grsduate level €ducation as declared by the university; (el *Constiluent lnstitution" rneans atr insiitolion, otlter lhan a colleg'e esablished. maintained or mattaged by thc Universifr'; (0 *Courtn' rDoins t}o court constituted under section 23; G) *DcpartmcntF means u academic department of the University snd dcsipratod as such-.by it. with refercnce to a subjcct or gruup ofsubjects.of study hr the Lfniversity; (h) "Exesutivi Council" rind "Academic Council" means the F-recutivc Counoil and the Academic Cormcil constituted under section 26 and 2t, respectivelv; (i) *Finance Conimittee" mslns tlre Fi[ance Committee c0nstituted qndcr sestion 42; () 'Government College" means a college mairrtained and managed by the Stato or Central Coventmenl; t l. (l) This Act may be called the MadhaMev Univcrsity Act,2017 (2) a THEASSAMGAZETTE, EXTRAORDINARY OCTOBER 3A, zAn 4803 Lcgal entity ofthe 3 University. (1) (k) '"Hall".means a url.it of rcsidencc of the students mtintaincd or rccognized by thc University at which provisiou.is made for imparting ttsorial and other suppicmentary instustions; (l) *Head of Department'' means Teacher-in+hargo of a dapartment and desigrratcd as such by thc rlniversi6,- and includes any. other per$on designated as such by thc UniversiS': (rn) "Hostel" mc&ll"s a uttit of residerrue of studeuts nuintained or rccognised. by the Uur'versity, other thalt a halj; (n) ..Post-cfaduale Boald" anil *l.inder-graduate Board" mert[s the Fort gndumo Board and thc Undcr-graduate Board" constitnted under sootio,n 30 and 32 respectively; (o) "Principal" means the Head of a tcaching staff of a conscituent, affiliated on recognised college: (p) "Recognised College" means a college otlrer than a constituent colfege, or a affilisted college recognised by the University and includes a collegc deenied to be recognissd under section 6(xii) and section 7; (q) "RecogniSed Institution" mean$ an institution other than a constituent or affiliared institution recognised by the Universiry and includes an institution doemed to be recognised under section 6(xii) and sectlon 7: (0 'seleetion Committee" meahs a Selection Committee constitrtsd under se*ion 39; (s) *Sta(o Govcmmsnt" meahs the Governtnent of Assam; (t) sstdtteso'o *Ordinances" and'oRegulations" mcans, resperxively, tl're Statutes. Ordinances and the Regulations bf the University made undertfiis Act: (u) "Tcacher$'" rneafls Professors, A*sociate or Assistant Profes.$ors of the University or a college whether constifl.tent or affiliated, or rlJiry other persons. imperting instructiotrs or guiding research and designated as teachers by the University and include persons recognised as teachers by the university'. and (v) *University" ftreans the Madhabdev University as constituted under this Act. The Chancellor, the Vice Chanccllor, the Prc-Vice Chancellor and the mernbers ofthe Court, thc Exccutive Council, and the Acadermic Counci{so long as they continue to hold such off:ce or membership shall constitute a body corporate by the name of "The Madhabdev Universigl". The University shall have perpetual successiort and a common seal, and shall sue and be sued by that name. From the date of coming into force of this Act. the existing Madhabdev College shall be deeined to have been upgraded to Madlrabdev Univcrsity. All aspects of teaching and research shall be discussed in and decided by the University. From the date of cornmsilcement of this Act, tlre existing proPer{y, land and buildlngs of liladhabdev College shall vest with the Madhabdev University. i (2) Upgradation of thc 4 existiog Madhabdev College to Madhabdev Univcrsity. Property to vGst with the University. 5 ( 4804 THEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2OI7 Powers of the University. 6. The $niversity shalt have the followiog powers'i to provide for instruction (including correspondance courses) and reiearch in humanities, science and technolop.. education, medicine and odrer professioual subjects and in other spheres of tearning and knowledge of a standard and thorcughness required and c:cpected 6f a university of thc highest standing and to securf the advancement, diffusion and extension of knowMge in all spheres of learning;' to establish within the University arca or Outside that area such tield stations and specializcd laboratories and such odrer units for reserrrh and,instructibn as anc [scessary for the furtheraacc of its objegts; to organize and to underttke extramural teaching and extrnsion darviceu; to hold *aminations and grant and sonfer degrees, diplomas, certificaes or other academic distinctions and to deprive of any dcgrees, diplomas. ccrtificate or distinctions granted to or conferred upon by the university for good and sufficient cause; to crcate such teabhing, administrative and other posts as ths University may dccrn nec€ss8ry from time to time and to make appointmenB drerato. AII posts shall, however, be created only with the prior approval of the Government: to appoint or recogtrize persons 8s Professors, Associate . Professor or Assistant Professor or otherwise as Teachers of the Universily: to institutc and award fellowships, scholarships, extribitions and lJ'ffio,,rh and maintain c.lleges and halls. to recogrriee and supenise colleges and halls nnt maintained by the Universitl' and other accommodation tbr sfudeots, and to withdraildeprive any such rccognition; ' to regulate and enforcc discipline arnong students and employee s of the Uhiversity and to take such disciplinary measures in this regad as msy bc dccrnad necessary: to make arrsngements of pmmoting health and general welfarl of st0dents of the UniversitY; to. determine and provide for e:saminations fbr admission into the University; to affiliatc with it or admit to any of'its privileges or to recognize for any Frpose either in whole or in part, any college or institution or rnembers or student thseof. on such terms and conditions as 1nay from time to time, be prcscribed , and to withdraw such affiliation, privilogcs and recognition; to co.operate with any other Univcrsitics" Authorities or Associations or any other Prrblic or Private Body having in view the promotion of purposes and obje-cts similar to those of the tjniversity or appoint one or more rcpresentatives of the university to act upon any sdch Body. Authority or Association for such purposes as may be agreecl upon' on such terrns and conditions as may, from lime to time , be prescribed; (0 (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) a (xiii) -- -&\" THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2OI7 4805 c (xv) (xvi) (xiv) (xvii) (xviii) (xx) to enter into any agrecment for the incorporation in the University of any other institution and for taking over its rights' properties and liabilities and for any othcr purposes not repugnant to this Act: demand and receive pftyrn€nt of such fees and other charges as may be prescribed fmrn timc to time; to acquiro, hold" msnage and dispose of any property movable or immovable, ingluding trusl or endowed property within or ortside the University areq for the purposes or objects o{ the University, and to invest eny funds representing such property in such manner as the Universiry thirrks fit: to borrow with the approval of State Government, on the security of the University ProPerty, mon€y for the purposes of the Universiry; to run a Highsr Secondary section in the University under mentorship schcme of the State Covernmetrt which will to some extent, act *s a feeder to the undergraduate courses of the University and tbr all practical Purposes! the Higher Secondary section shall be a part ofthe University; ro continue the existing syllabi and cvaluatiou of students of thc Higher Secondary section undcr the jurisdiction of the Assrim Higher Secondary Education Coungil as at prEsent untll such times as the Univorsity deemr it fit to review and do the needlul: and to do atl such othsr aers and things, whether incidental to the powen aforesaid or not, as may be requisite in otder to funher the objects of tire University. Save as otherwise provided in this Act, the powers of the University conferrcd by or under this Act shall extend to the areas of.dre territorialjurisdiction of the State of Assam and to such other areas and colleges. institutiotts and other bodies beyond this.rcrritorial limits to which any or all of the porrers of the University may be extended by it with the previous approval of the State Govcmment. The University shall be open to all persons irespective of gender, racc. castc. or ereeiJ and it shall nol be laurfi:l for the University to adog or impose on any pcrson any test whatsoever of religious belief or profession in onder to entitle him to be admitted thereto as a teachcr or as & student, or to hold any offige. therein; or to graduate or to eqioy or exercise any psrticular benefaction acceptod by tbe University, where such test is made a condition thereof hy any testamentsry or other instrurnent crcating srrh benefaction. The follorring shall be the offiqers of tlre University:- (i) Chancellor; (ii) Vice{hancellor; (iii) Pro-vice-chancellor: (iv) Registrar; (v) Academic Registrac (xix) Jurisdiction 7 University open E to all classat ssstss and crscds. . Officers of the University. 9. I \ 4806 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2OI7 The Chancellor t0. C) (2' (vi) Dean, Research and Devetopmenq (vii) Controller of E:caminations; (viii) Dean, Student Welfarel (ix) Finance Officsf,, and (x) such other persons in the service of the {Jniversil as may be declared by the statutes to be the offtcers of the Univenigt' The Governor of Asiam shall be the Chancellor of the University' The Chancsllor, when Prese$t, shall preside the meeting of the Court and Convocation of the University' The Chancellor shall have thc right to cau$e an irrspection to be made by such person or persons as he may direct of the affairs and properties of tlre Uniwrsiry of the colleges, histitutions and bodies maintained by the Uriversity arrd also of the examinations, teoching arrd other wolts conducted or done by the University, its offieers and authorities, and'to oarss an enquiry to be made in the like manner' in respect of all or any of *re mattBrs aforesaid and of any other nratter conffisted with the university. The Chenscllor shall in every such case give notice to the Exsctttive Council of his intention to cause an inspection or enquiry to be made, and the Executive Council shall be entitled to appoint a represcntative who shall have the right to be present and heard at such inspection or ooquiry The Chancellor may address the Vice{hancelior with reference 1o the result of such inspection or enquiry and the Viedhancellor shall comnrtmicate to the Executive Council the views of ths C,hancellor with such advice as thf Chancellor nray offer on the action t! be taken thereon. The Exscutive Council shall communicate througir thc Vice' Chancellor to the Chancellor such action, if any. as it is proposed to talce or hus been taken on tlre resuh of such inspoction or Gttqulry and the arlvice ofthe Chansellor- Whcn tht Executive Council does not within a reasonablc time, takr action tcr the satisfacticin of the Clrancellor, the Chancellor may affeq considering any cxplanation funrished or rcpresentation made by the Executive Counci!. if any, ibsue such direptions as he may think fit and the Executive Courrcil shall be bound to comply with snch dirpctions. Hipen,ses that rnay be incurrpd in connoction with such inspections or enquiries and cortified as such by the Chancellor, shall k a chprgo on the University. The Chahcellor shall have such.other powers a$ may be conferrcd on trim by or urder thc provisions ofttris Act. The C\ancellor.as head of the university shall have thc power to suspend the activities of the various authoriti',es of the University as and whon circumstances so demand and vest all powers and functions of thsse authorities in the Chancellor to control the affairs oftho authorigr or authorities so suspended in such lnanner and for such a period as dcemed fit and reasonablc by him. Powers and duties I l. ( l ) of thc Chancellor. Q) (3) (4) (5) t (6) (7) (8) THEASSAMGAZETTE,EXTRAORDINARY, OCTOBER 30, 2OI7 4807 ThcVice Chancellor t2. (r) The Vibe{hancelloi shall be eppointed by the Chancellor on the rscommendation of an Advisory Board (Search Committee) constituted by the Chancellor for the purpose aud consisting of three rnembcrs of whom one member shall be nominated by tht State Gove*nrncnt, onc membgr to be nominated by the Chancellor and one merrber to bc etected by the Executive Council. The Chancetlor shall also appoint one of thern as Chaimran of such Advisory Board' The Advisory Board (search Comnrittee) shall rccommend a pane{ of names of three persons to the Cltancetlor who may appoint one of the persons recomrnended to be the Vice'Chancellor' If the Chancellor does not approve any of the persons recommended by the Advisory Board, he may call for a fresh recommendatio'n The vice-chancellor shall be a whole time off'rcer of the univershy who shili hotd ofifice for a peri'd of five years and shall be eligible for re.appointment: Provided thar notwithstanding the expiry of the aforosaid pcriod of frve years, he ehalt continue in office rrirtil his successor is appointeJ and enters upon his offrce. The emoluments and other terms and condirions of lcrvice of lhe Vice-Chancellor shall bc determined by the Chancellor: Provided that the salary of the Vice{hancellor shall not bo less than Rs.75,000/- per month plus all admissible allowances' Whenevet lhere is any lemPorary Yacancy in the office of the Vicc Chancellor by reasoui of leave, illness or other cause, the Cjuncellor shall make such other arrangements as lre may $rink fit for exarcising thc powers and performing the duties of the Vic,e-Chancellor during rhe absorrce. The Ctrancellor shall determine the emoluments or allowances payable tci a person temporarily appolnted to bxerEise the power and duties of the Vice^Chancellor. Ths vice4hancellor shall be the principal executive antl Academic Offrcer of the University. He shall be the ex'officio Chairmdn of the Executive Council, the Academic Council, the Building and Works Committee (BWC). tftc Post-graduate Board, the Undcr-graduati Board, the Finance Committee and the Selection Committees and shatl, in the absencc of the Chancellor prcside at all meotings of the Court and over thc Convocation to confer degrecs' He shall be entitled, o be present at and to address any mceting of any iuthority or Committee of the University. The Yice-Chancellor shall see that this Act, the Statutes, the Ordinance ond the Regulations are duly observed, The Vice€hanccllor shalt have the powers of convening thc meeting of the CouG the Executive Council, the Building and Works Committee (BWC), the Post graduae Boar4 the'Under Cradrute Board, thi 'Financc Committee and the Selectisn Cornmittces, whenever he finds it necessary and for that purpose direct the Registrar to convene such meeting at the time and place to be determined by tlre Vice-Chancellor, and the Registlar shall be bound to comply with thcr diraction. (2) (3) (4) (s) Powcrs arrd Duties 1 3. ( l ) ofthc Vice- Cbancrslloc (2) (3) a ( 4808 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2OI7 Pro-Vice Chancellor. Registrar {4) r4. (l) (2) (3) (4) (5) 15. (l) (5) (6) (7) lf in the opinion of thc Vice-Chancellor an emergency has arisen which rcquires immediate.action to be taken, the Vice-Chanccllor shall take such astion as he deems necassary and shsll report the same to thc authorit-v or committee wlrich in the ordinary course would have dcalt with the matler. Pr<ivided that wherc any such action talten by the Vice- Chancellor nffecrc the services or otnoluments of any'person in the service of ttre univcrsity, such person shall be entitled to prcftr within thirty dsys from the date on whioh he receivcd noticc of such action, an appeal !o the Executive Council, whose decision shoit be final. The Vice{hanceliri shall exercise general control and supervision over thc affairs of the,University and shall give efect to the decisions :of the Authority of fire University: All powers relating to the ProPer.maintenance of discipline in the University shalL stand vested in the Vice-Chanccllor. The Vice€harrcellor shall cxercise such otlrer Powers as nray be prcscribcd by the Statutes or the Ordinances and Shall perform such other acts as mai bc necessary to cafry otrt or further the pmvisions of this Act, the Statuies on thc (Hinancas' Therc mey be ond ko-Vicc Chancellor, who shall be ap'pointed by the Vice Chordctlor, untfer intimation to the Chancellor, frorn amongFt the Professors of the University or any other Higher Education Institution (HEI) for a pcriod of three years. The appointrnent is co-termi'nus with the term of the vice chaneellor. The pro-Vice Chancellor sSall take up the respolrsibilities assigned to him by the Vice Chancellor The Pro-Vi* chanc?llor shall be a menrber of all the statutory bodies. The Pro-Vice Clancellor shall be entitled to an additional atlowance as decidcd by the Vice Chancellor. The Registrar shall bc a whole time salaried of{icer of the University and shalt be appointed by the Executive Council on such terms, conditions and remunerations' as may be prescribed' Thb temr of the Regi*rar shall be for five years and may be eligible for rc-aPpointment' The Registrar shall be the Ex-officin Secretary' of the Court" .ExecutiveCouncilandoftheConstnrctionComrninee,the Building "na Worls Committee (RWC)' provided ihat notwithstanding anything contained in tlris Acg the Exectrtive Council mriy, either for special purpose or in general' appoint any other-offtcer of the University as Socretary' All commuricaiions in general shall be addressed to and on trehalf of thc Univeitity and shalt be recoived by the Regi*rar- I (2) (3) THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2017 4809 Fowcrs and Duties of the R*gistrar. AcadenricRegistrar 17. (t) (2) Deen, Researth and I.8. Development. Dear, Sfirdents' 19' Welfare The Firrarce Officer. 20. (I ) (vi) (vii) Thc Academic Registrar shall be app'ointed by the Registrar on recommendation of tlr,e Executive Council' He shall be the Secretary of the Acadunic Council and shall be responsible fo, prcparation of curriculum, syltabus and tixt boi:ks for different cotlrse$ of the University' The term of the Acadsmic Registrar shall be for five yeats trut rnay be reappointed if fcund eligible. The Academic Registrar shall support ttrc Vics Chancellor and the Registrar on ali academic matters' The Executive Council shall appoint tlre Dean, Research and Development from allronsst the Prof'essors of tlre University' The Executive Council shall appoirrt the Dean, Stud€nts' Welfare from amongst the Professors of the University' Thc Finance Officcr shall be a whule-tirne salaried olficer of the University .and shall be appointed by the Hxecutive Council for a period of five ycars on such terms, conditions and rernuneration as may be prcscribed. He mry be eligible f .or re-ap poir:rtment. Tlie Finance Officcr shall o(ercise general supervision over the funds of tfte University and advice in regard to its financial poliiy. He shall be responsible fbr the pteparalion of balance sheet atthe end ofeach financial year. Subject to the controt of the Executive Council, ht shall manaep the investments of the tjniversity and be responsible for the preparation and presentation of the annuai estimates and statements of accounts, and for proper rnaiotenance of the accounts. . to perform such other work as may, from time to time, be prescribcd by tlro Executive Council; and to represent the'Universiry in auy Court of Law and io sue .ny psrty for any liability to the University and for brcach of any contract entered into with thc tlniversitY. 16. The Powers and rluties of thc Registrar shall be the following namely :- (i) to be the custodian of the records' common seal and such other property of the tlniversity as the Executive Council shall commit'to his charge and to manage sush ProPerties; i (ii) to sign anO ieriry ali appointments' contracts and ugreements madi on behalf of the University and tJ act as Secretary tlf such other Committees as may be prescribed bY the Stahltes; (iii)toclrnducttlreoffrcialc$resPondenceofthe Court and tlre Executive Council; (iv) to issue all notices convening meetings of all such Committees or Councils or Boards of which tri is the Seoretary; {v) to a,Tange for and superintend the exarnination of tlre University till such rime when the University appoints otlter utTicers, if any. frrr this Purposci I (2) (3) r{ 4810 THEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2OI7 Cuntroller of Examinations. Authoritics of the University. The Court t4J (5) (6) 2t 't) 23. (1) Subject to the powers of the Executive Council, the Finanoi Officer shall be responsible for errsuring that all mon€,ys are expended for the purposes for which ttrey are generatcd. l'lre Finance Ciffieer shall exercise suclr other powers as may bo prescribed by &e Statutes and the Ordinanccs; The officer shall tre responsible for audit of accounts of the Llniversity rt least once every year and at irtervals of not rnorc Sren fiftosrr tnonths, Audit shall be done by the Examiner, Local Accounts: Providod thar the Chancellor firal, ofl the rpconlmendation of the F;recutive Council in the case of casual vacancy, may ask the Registrar to pertbrm the duties of Finance Officer. ( I ) lt shall tre the duty of thc Controller of Examinations lo hold various examinations of the University, its constituent Collops, if any. (2) lhe Controller of Exarrriuations shalt bd the authority to hold . exarninations and shall ensure that the results are declared in time" The following shall be the authorities of the University: (i) (ii) ( iii) (iv) {v) (vi) ivii) (viii) (ix) the Court; the Executive Council; the Acadcmic Council: rlre Post-Graduate Boardl the tJnder-GraiJuate Board; the Board of studie*; the Finance Committee; the Selcctiori Csmmittees; efid such otlrer authorities as msy tre declared by the Sututes to be thc ardhorities of the University. The Court shall consist of the fotlowirtg menrbes : (A) EX{)FFTCIO MEMBERS: (i) (ii) tiii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) The Clrancellor: The Vice-Chancellor; The Pro Viee-Chanccllor; Thc Minister of Educatiott, Assanr; The Registrar; Academic Registrar; The Controllq of Examinations; Dcan, Research and DeveloPment; Dean Studcnts'welfflE; The senior-most Secretary in the Education (Higher) DePartment of the Covemment of Assam; Tlrs Dircctor of Higher Education, Assam;{xii) ! THEASSAMGAZETTE,EXTRAORDINARY, OCTOBER 30, 2017 4811 (xiii). (xiv) (xv) (xvi) The Dircctor ofTcchnical Educallon, Assam; The Direcror of Mcdical Educ8tion, Assam; The Director of Agriculture, Assam; 'fhe Dircctor of Anirnal .Husbandry and Veterinsry, Assam; The Vice{hanceflors of the Dibngath Univenity, . Cotton University and Gruhati University; Prcsident and Secretary, Madhabdev Univers-ity 'f eachers' Aisoc iationl Two memberu nominatcd by rhe Executive Council; Thc Principal ofthe Constittrenl Colleges' ifany; Two Heads of tlre Academie Departments of fie Madhaklcv University (to b€ selectcd on fte bssis ofseniority). (xvii) (xviii) (xix) (xx) (ni) (B) OTHER Mf,,MBERS: (xxii) Two persons distinguished in Literature/ La .MedicineJ Science/ Engineering/ Technologr/ Commerce/ Public life nominatcd by the Ciarrcellor; (xxiii) Two repr€sefltativcs with good records to bc clected by the Post-Graduate Students of thc University from amongst thcmselves: (2) 'Provided that a student to be so Blected nlust have bcerr a student ofrhe University for at leas one year prior t() his election: Provided lurrhcr that no student wh() has taken nrore tian one year itr excess of the period prescribed tbr the cours€ of which he is a studcnt would tn eligible for such election. (xxiv) Two mernbcrs (one fenrale) of the Madhabdev Collegc / Madhabdev tJniversity Alulnni (to bc nominated by the Chancellor). Save ai othetwise provided 8nd e)(cept that cx'officio members and studenl members all other meltbers shell hold ofiice for a period of thr€e years from the date of their election or nominstion. as thc case may hg: Providcd, that no person oomioaled or elected io his capacity hs a mernber of a particular body or as holder of a particular appointurent shall bc a member after hc ceases to be a member of that body or holder of aha.t appoiotrelt, as the casc may be: Providcd further that any rnembbr elected or nominaled und6r clauss (.rii, of sub-section I of this section shall hold office for a pcriod of one year only from the date of his election or nomination, as (he case nray he. He shall ceasc to \ 4812 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2OI7 (3) (4) be rnember of the Court on his ceasing to be a student of the Univeriiy. When a pertson ceasbs to bc a member of thc Coprt, he shall ccrso to be a member of any of the authorities br committees of the University of which he may happen to be a rnemher by virtue of tlrc membexhip of the Court. With tha approvll of the Courl the Vice-Chancellor may remove an elocted or selected rfiernber. Ths Court shall meet at least twice a yoar on datcs to be fixed by the Vice-Chancellor in eonsultation with the Chancellor. One of such mestings shall be held in January and shall be calted the Annual General Mceting. The Court may also meet at such times as it 1nay, from tinre to time, detennine, Subject to tha provisions of this Act, tlte Court shall have the following powers and duties, namely :' (iI to r,eview, from time to time, the broqd policies and prograrnmes of the Universrry and suggest moasunss fcr the improvetnents and development of such policies, programmes, works and other affairsl Mecting ofthe Court.' Poryerc snd dutiet of the Court. 24. 25 (ii) (iii) (iv) to consider the annual rePofr, the annual acaoultts, the audit report and the statement of the financial estimateso for the ensuittg year. to approve the finsncial estinrates. with such commsuls, iliany. to e:(press its views on the annual report and to suggest such measures as it mey deem propef on the matters covered by them; to apprwe, with or without rnodifications' the Statutes submitted hy the Executive Courrcil: Providetl that before making 8ny modificrtion to the Statutes submitted by the Executive Council, the Executive.Council shall be given an opportunity to consider the modifications proposcd by the Court and the Court shall oonsider the opirriorr exprcssed by tlre Executive Council on sgsh mudifications. to consider tle annual bslance street prepared at the cnd of each financial year but not later'tlran six monihs from the end of such financial year alongxith the Receipts and Payment Account and lncome and Expenditure Account, which all should be in conformity with tlrc existing accounting practiccs as notified t'rom time t! time by various oversight conrmittees and the Government of India. 'Ihese should be hetd up for reyierv hy the Finance committee before it is placcd for scnrtiny by the Executive Council and lhen for approval by the Court' Such audit rcport along with the audited financial statements shall fbrm part of the atnual report of tle University snd shall b€ placed in public - dornain for disseminati on of information. THEASSAM GAZETTE,EXTRAORDINARY, OCTOBER 30, 2017 4813 Excoutivo Conocil. 26. (l) The ExccutiVe Council shall be thc Execlnivc dy of thc Univcrsity. It shall eonsist ofthc following menrbcrs' namclyi (a) E:f,4fFrClO MEMBEBS: Thc Vir*Chanccllor; Tho Pi"o Vicc{hanocllor; Tho Rcgisrrr; Aca&mic Registrer; Two Mcmbers of Assam l-egisletivc Asscmb'ly; Thc Dir.ctor of Highcr Education, A*sam; Tlic Dirtcror of Tochnhal Educatioru Assan; Thc Director of Mc{icsl Education, Asslm; Thc.Ghairman, Boerd of Scco,nalory Eduoation' Assem; Chairrnan. Higher Sccondary Educrtion Council, Assrm; Thc Principal ofConstihrcnt collagg if uiy; Pr6idcat uid Sbcrctary, Madh'bdw Univccsity Tcachcrs' Associetion. (B) OTIIER MEMBERS: (xiii) (xiy) (xv) (xvi) (xvii) (xviii) (xix) Two Hesds of Dcplrmcnts of thc Univorsity who uc pmfcssors, to bc choscn by the Vicc- Chenccllor by rctalion rccordinS.to scniority for a poriod ofttuce raoarsl bnc Dran of Facuhy to bc chos6n by the Vice' Chanccllor from thc Dcans of Fssultics of &e Univeriity for a pcriod of three yearq by rotation according to schiority; Two rnembers to bc elcct€d by thc Coun from rnongpt its msmbcrs at its Annual GGDGmI Mccting othcr thrn employees and stltdqts oJ thc Univ.crsity; Two r&chcrs. othcr thsn a Dc{n of Faculty of the U;iVcrsity to be clccted by the Academic Council fi,om irmongst such tcechcrs who arc its membsrsl Two persons of whom one shall bc women to bc nomioatcd by thc Chanccllor, and Two IFBons to be nom ineted by the Strre Covcmmcm; Two rnernbers (onc femalo) from Madhabdev Collcgc Alumni (to be nominrtcd by the Vici Chanccllor). (il (i0 (iiD (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (2) Saw ar otlrcnvisc prwidcd srd excrPt the cx-officio mambcrq rlt dr mcmbcrs shell hold ofFcc for a poriod of rhrcc ycan fiwr thc daE of their elcction or nomination, as the case mry bc : Provided drat no person nominated or clcclcd in his crprcity as mcrntcr ofa pgricular body or as a holder ofa Frticulir appoinoicnt shell bc momber aft.r hc ceascs to bc mcmbor ofthrt body or boldcr ofrhat appointmcnt, as thc ca:c ,*lh. . When r rcrson cascs b bc member of thc Executive Council, tc $in'.carc to be mcmbcr of any of thc suthoritics of lhe univcrsity of whish hc may happcn to bc a member by vinue ofhis membcrship ofthe F.xeeutivc Council. (3) 1l 48t4 THE ASSAM GAZETTE, EXTRAORDINARI OCTOBER 30, 2017 Powors&dutics 27 ofExccutivs Counsil. r (r) (2) (3) (4) (5) (6) (7) (8) (e) The Fxccutive Council shall hold, control and administor the propcrty md firnds of the University and'shall irppoint a hinincG Committee to advisc it on mattcrs of finanse consisting of six members bf *hom the Vice-Chancellor strall bc the Chairnan. tlrc Finance Ofricer shall be the Secrctary and the other four members shall be appointed as folloua;- (i) Two mombefs to be elected by the Executive Councit from among its mcmbers and (ii) Two members to be nominated' by the State Govomrfent one from the Finance DePartuent and the other from the Education Departrnent of the Statc Government It shall do all acts apportaining or incidennl to the con$trustion of buildirrgs, ro8ds. tanks. pipelines and other structres of the Universlty and for the purpose shall appoirt a Construction'Commiflee, the Building and Works Committce (BWC), consistihg of seven members of whom the Vice' Chancellor shall be the Chairunan, the Registrar shatl be the Secretary, the Finance Officer. a member and the remainitrg four members shal.l be appoinM from among the members of the Executive Council with powor to eo-opt experts as membsrs who shall havc no power to vote: Provided that at leasl one member of the Committee shall be appointed from anrongst the rnetnbers elected to the Executive Council by the Court. It shall determine the form and regulate, the use of the Common Soal of the UnivcrsitY. It shall' lay before the Sta[e Governmtnt annually a full statenicnt of tfie financial requirements of the University It shall administer funds placed at the disposal of the University for any specific purPose including those givcn for the purpose of buildings, roads, tanks, pipelines and other. s.tnrctures. of th e UniversitY. Subject to the provisiolrs of this Act arrd tho .gtatutes, it shall uppiint the officers (other than thc Chancellor and the Vice' ihancellor). tcachcrs, ofice attd techuical staff and othcr employees of the Llnivcrsity and define their duties and "orditlons of service and shall provide for the'filling up cf temp@ry vacancies. It shall have power to accept, on bchalf of the Universiry, bequcs! endowrnents. donations or transfer of any movable or irnmovable properry. It shall Errange for holding or conducting of examination and puUlishing thc results of thE University exarninations' It shall, subjed to the Fowers conferred by this Act on the Vice€irancellor, regulate and determinc all matters uoder this Act ooncsning the Universiry in accordance witlr this Act' the StatuteS and the Ordinances: Provided that no action shall be taken by the Exccutive Couocil in resp€ct to the numbers, qualifications ol emoluments of teachers otherwise tharr in consultation witb the Academic Council: and THEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2OI7 4815 (10) 28. (l) It shall exercise alt other powors of the University of which no specific provisions have been made in this Act or in thc Satutes. The Academic Council shall consist of the following members:- (A) EX-OTI.ICIO MEIYIBERS; (I) The Vic+Chancellor; (II) ProVice-Chancellor; (llli Registrar; (lV) AcademicRegistrar; (V) I'he Director of Higher Edtcation; (VD The Director of Technical Education, Assarn; (VII) The Director of Medical Educatiou, Assam; NffD 'Ilre Dcans of Faculties; (IX) ' 'l'he Profsssors of the University; (X) The Univsrsity Associate Professors who are Hcads of Department of Teaching: (Xl) TheLibrarian of the Univeruityl' (KI) President and Secretary of University Tcachers' Association: (XIII) 'fhe Principalol'Constituent College, if any. (B) OTHER MEMBERSI (Xry) Persons not exceeding three. other than teachers of the Llniversity, appointed by the Chancellor being penions who by reasons oftheir possessing expert knowledge in subjects narned for the purpose by the ex-officio members of tlre Academip council are in the opinion of the Ctrancellor fit to serve in the Council; (XV) Two pgrsons to he elected by the Cr)rrrt, who are not employees or studetlts of the University; and (XVl) Two members (one female) of the Madhabdev Collegel Madhabdev tlniversity Alumni (to be nominated by the Vice Chaneellor). Seve as otherwise provided and excePt the ex-officio mernbers, all other members shall hold offrce fbr a period of three years frorn the date of their election or nomination, as the case may be. Whon ir person ceases to be a member of the Academic Council hi shall cqase to be a member of any of the authoiities of rmiversity of which he may happen lo be a member hy virtue of his membership of the Academic Council. 'fhe Acadeuric Council shall lravc the following powers:' (i) to maks propnrsals to the Executive Council for the institution of Professorship, Associate Professorship. Assistant Professorslrip Qr other teaching posts, arrd in regard tr.r the duties and ernbluments thercofl (ii) to subrnit lo the Executive Council draft Regulations" reggrdiug mcthods and manner of conducting exarnirralions including setting up of Moderation Boards and to award in accordance w ith such Reg,u lations. Fel lowsh i pr Scholarships, Medals artd otltcr rewatds; a Thc Academic Council. Powers and 29 duties ofthc AcademicCouncil. (z',) (3) 4816 THE ASSAM GAZETTE, EXTRAORDINARX OCTOBER 30, 2017 (iii) (iv) (v) (vi) (vri) (viii) (ix) to recommend exarniners for appointments to be made by the Vice-Chancellor on rcc*iving from the Faculties concerned; to control the University l-ibrary, to frame Regulalions regarding its usc, and to appoint a Library Committce ulrder the genoral contrrol of the Academic Council to nronagc &e affairs of the Library; to assigrr subjects to the facultics; to assign teachers to the faculties; to prcmote research within t}e University including the establishment of a Research Council and to require rcports on such research from the persons employod thercon; to organise teaching in the University and to coatrol the work of teachers; and Such other powsrs md duties as may be assigned to it under the Statutes. I Post Graduzte Boad. Powots and dutie* of the Post Craduate tloard. 30. Thc Post-Graduate Board shall havc the following members, namely:- the Vice-Chanccllor; the Pro-Vjce Chancellor; six pcrsons from 4mongst the Professors and hcads of Departments of Post-Graduate f)epartrneots of the University and the heads of Department of the constituent Colleges alecod by ilre Academic Council; two members of the Academic Council who are not Professors or Hrads of Deparrnent of the University, or of Constituent Collages, olectcd by the Academic Council; Ibur persons who miy or may not be professors of the University to be nominatcd by the Vicdhancellor; and one member of Examinalion Committee to be ntminated by the Vice-Chancellor. Subject to the provisions of this Act" the Statutes and the Ordinanucs, the Post-Graduate Board shall have the following Ixlwers and duties, namely;- to recommend to the Acadenric Council, the pattern of Post- Graduate courses, the examinafions to be held for such courses, and for their rcvision; to approve the curricula and syllabi for the post-Graduatc oourses and t<l modify thein whenr necessary, after considering the recomrnendations ofthc Boards of Studies: to recommend to thc Executive Council for the institution and awanl of felloxships. scholarships* prizas, honorary degrees and other awards or other academic distinctions and for the instturion and conferring of d*grces, diplon$p. titles' certificates and other academic distinctions in the Post- Graduate courses on the basis of examinations and for the withdrawal thereof; to make rccommendations to thc Exocutive Council for thc jnstitution of Professorslrips. Readerships, Lecturerships. or otlret posts of teachers rcquired fbr the Post'Graduate Ctlrrrses and for the recognition of persons as teaclrers of the University for such courtes, and regarding their emoluments duties. and terms and condjtions of their services; (l) {2\ (3) (4) (5) (6) 3I (a) (b) (c) ! (d) I THE ASSAM GAZETTE, EXTRAORDINARY OCTOBER 30, 2017 4817 (e) (f) (g) (h) to recemrnffrd to the Academic Council the conditions for the admission of students to Post{radu&te courses, and to make regulations for their afiendance and progrcssl to-make Regulations with regard to the residence, discipline of students in the departments and the constituent colleges, and institutions irnparting Post-Grsduate courscs and for the promotion of their health and welfare: io mahe rscommendations to the Executive Council regarding the allocation of funds to rhe Post-Graduate Departments and constitucnt Colleges and institutions engaged in instruction in Pr:st-Graduate courres or reseaneh. and to the librarics, laboratories. museums establislred by the Universiry; to review tlre works of the Post$raduate Depaltmenfs and Colleges and institutions enggged in irstruction in Post- Graduatc courses and research and to call for rePott thereoo and to take all stops necessary for the improvement of standard ofrescarch and teaching and other affairs thereiq to considor thb rneasures suggcsted by Academic Council on any'mattcr afhcting the academic work of the University and to exprssE its vicws on them to consider Eny maltcr refcrred to it by'thb Executive Council or the Academic Councit and to submii repofis dtelcon to the E:<eeutive Council or the Academic Council, as tbe case maY be; to bpprovc the panels of the examiners for Post-Graduate F,nirminations, with or without modifications. after considering tte recommendations of tlrc Boards of Studies and to modifu tbe same at any time after consultation with the Boards of Studies conccrned. to promote rescar.th within the Univcrsrty and to make rcgularions govcrning reserch degrees. arrd to appoint committees, and to fix their terms of reference. in regsrd to arry matter within the jurisdiction of the Post- Cmduate Board, The Undcr4raduate Board shall consist of following members, namcly;- the Vice-Chano+llon the Pro-Vice Clrancellor; three persons from among thc professors and the Heads of Departments of the Dirpartnent of the University and of the Constituent Collegbs eleeted by the Academic Council; six Principils, inctuding at lcast thrco from professional Colleges, clected by the Academic Council from amongst its own members; three persons who. may or ma,v not he rnembers of the Acsdemic. Cou nci l, norn inated hy the Vice-Chancel lor; ten penons to be elect€d from amongst. the teachers of aftil iated Colleges; and one.member of the Exarnination Committee to be nominated by thc Vice{hancellor. Subject to the pr<rvisions of this Act. the Statues and the Ordinance, the Under-Graduate Boand shall trave the following powers and duties, namely:- to recommend to the Academic Council the pattern of courses and examinations for the Under€raduate courses and the rcvision thereofl 0) (k) (l) (1) (2' (3) (4) 32. 33 (i) (5) (6) (7) Under Graduste Board. Powcns and Duties ofthe Undcr-Gradua;b Bo.ard. (a) t- 4818 THEASSAM GAZETTE,EXTRAORDINARY OCTOBER 30, 20t7 (b) to make recommendations to the Executive Council tbr the institutions of professorships. or other-posts of teachers required forthe Urder4radud€ courses in the Univcrsity and tre constituent colleges and for the rccognition of peisons as teachers of the Uiriyersity for such coursss and rcgardfurg their ernotumonts,'dulies and terms and conditions of services; to make rpcomhendation to the Executive Council'for the award of scholarships, prizes and other awatds and for the confcnnent of degrees, diptomas, titles, certificates and olher aoadcmic distinction in the Under4raduate Courses; io apprbve the curricula and syllabi for the Under-Graduate counrs and to modifl thcm when fieee$sary after considering the rrcommendations of the Boards of Studies coircerncd; to maltc recommendations to the Executive Cotrncil regarding the allocation of funds to the constitucnt colleges and institutions"and to the departmcnts imparting instructions in Under€rrduate courses; to rcview the work of the Uirder-Graduate departrnents and Collcges and institutions imparting instructions in Under- Graduate Courses, to call for reports thereon and to tate steps necessary'forthe improvement of the sandard of teaching and other affairs therciu to r@ommsnd to the Acadernic Council the conditions for tIe admission of students to Urrder-Graduate cours€s and to mahe regulations for their attendance and progress; to spprrrve thc ponels of examiners for Untler-Graduate cxaminations,. with or without modifications afur considering the rccomrncndations of the Board of Studies and to modi& the samc at any tirne aftsr consultarion with'the Board of Studics; to make regulations with regard to the rcsidenee, health and disciplinc of the sMents in Under{raduate cour6es; to consider tlre. measurcs suggcstcd by the Academic Council on any matter aftoting the acadernic'work of the University and to express its views on thcm to corrsider any mattq referred to it by the Executive Council or the Academic Couucil and to submit rcport thereon to the Executive Council or the A,cademic Council , as tte casc may be; and to appoint cornrhittecs, and to fix their terms of reference , in rcgard io.any mirtter within the jurisdiction of the Under- Graduatc Board. fiere shatl bo a Board of Studies in each main branch of Study. Thbse branches shall be specified, aud when necessary modificd by thc Academic Council Each Boad of Studies shall consist of the followirrg membcrs, nunely:- , Chairman - A Professor or Head of the Dopartmont of the University in the Branch conccrnod ,nominated by lhe Vice Chanc€llor; Tlrec persons with qualifications in the Branch of Study elected by thaAcademic Courrcil; One Expert Consultant, not connected with the University nominated by the. Chairman with approval of the Vice Chanceltor; Subject to ihi prcvious approval of the Vice-Chanceltor, the Board may rbnsult other ExBert or Expcrts when necessary on any matter within its field. t (c) (d) (e) (o G) (h) (i) 0) (k) Board of Studies 34. (1) (2) ! (ii) (iii) (i) (3) THEASSAM GAZETTE, EXTRAORDINARX OCTOBER 30, 2OI7 4819 I Powers and Duties of Board of Studies. Facultics Powsrs of Faculty. a) b) c) 36. (r) 35. Q' (3) Subject to the provisions of this Act, the Statutes and the Ordinanoes, each Board of Studies shall have the following powcrs and dutiei, mmely to make recommendations to the Post{iraduate or the Under- Graduati Board, as the case may be about the pattcrn of counees, curricutum. and syllabi to be laid down for different Gourses and the examinations to tre held for such cources and to make rccommerrdations for revision of eourses, syllabi, cunicula and examinations in so far as they relate to the field of the prtlcular branch of studies; to Fepar€, and when uecessary revise, the panel of examiners for different examinrtions , for submission to the examination committees and to consider ury other rnatter referrecl to it by thc Post-Graduue or Under{raduate Board , the Academic Council or the Exocutivc-Councit, as the case may bc and to zubmit a ropott tb fie authority concerned upon tlrc rnattor so referred; The Univenity shall include Faculty of Arts, Science, Law, Medicinc, Technolory, Agriculture. Engineciing Commerce, Management Science. Mass Communication, Errvironmental Science and Indian Fine Arts and such otfter Faculties as may be prcscribed by tbe Stchrtcs. Each Faculty shatl; subject to the conuol of the Academic Council, have charge ofteaching the courscs ofstudy and the research work including delivery of consultancy 'services in such subjects as may be assigned to strch Faculty by thc fuinancc. Each Facutqv shall consist of : (i) the l)ean of the faculty; (ii) the Heads of the Departments comprised in the Faculty; (iii) such teacher ofsubjects assigned to the Faculty as may be appointed to the facutty by the Academic Council; (iv) such teachers of subjects not assigned to the Faculty but having. in the opinion of the Acadernic Couucil . an important bearing on those subjects. as may be appointed to the Faculty by the Academic Council : Provided that a teacher so Elected shall hold office for a period of two y'esrs from the date of his eleetion: (v) such other persons as msy 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. Subject to the provisions of this Act, each Faculty shirll have the tbllowirrg powers: to constitute the Clommittees of Courscs and Studies in Deparments assigned to it; . to recommeud to the Academie Council the courses of studies for thc <tifferent examinations, aftcr consulting the Ccxnmiuees of Course and Studiesi (a) (b) I 37 4820 THE ASSAM GAZETTE, EXTRAORDINARY OCTOBER 30, 2017 (c) (d) (e) (D (l) (2) to necommend to the Academic Counsil. after consultirtg the C'ommittees of Courses and Studiet, tlre names of the examincrs in subjects assigned to the Facultyl to rerbmmend to the Academic Council the academic requirernents for the rward of Degrees, Diplomas and other distinctions; (subject to the control of the Academic Council) to etrcourag€ research in subjects assigned to the Faculty; and to deal u'ith any other tnatters referred to by tlre Academic Council- There shall be a Dean of each F'aculty.who shall be responsiblu for the due obsorvance of the Statutcs, Ordinances and Regulations relating to the faculty. He shall be the Executive Office of thc Faculty and shall preside over its meeting. Each Faoufty shall conrprise such Depatments of rcaehing as nmy be prescrihed by theordinancs,s, The Head of every such Dcpartn€nt shall be Professor of ttrc Deprtmcnt or, if thcrc is no Profcssor, the Associatc Professor, If thcre is rnore than one Profbssors, or more than one Associate Professors of a Departmgnt, the Vice-Chancellor shall appoint as the Head of the Departrnent such one of the Professors or. if therc is no Profcssor, such one of the Associate Pnrfessors as he thinks fit, 'l'he t{ead of rhe Department shall be responsible to the DeEn for the organisation of the teaching in the Depanment and snrooth running of the Department. The Dean of a Faculty be e lected by the Faculty from among the Heads of the Departnrents of the Faculty urd shall hold office for a period of three years or be nominated by the Vice' Chancellor from among the Professors of the Faculty' There shall be a Selectiolt Committee for nraking recommendations to the Hxecutive Council for appointment of Profcssors, Associate Profcssors, Assistant Profansors, Registrar. Finance Ofticer. Academic Registrar, Conrroller of Examinations; Librarian, Deprrty Registmrs, Deputy Controller of Examinations and othsr officors of the University as may be provided fnr by the Statutes consisting of the following members:- (i) the Vice-Chancellor as Chairrrian of the Selection Committee; (ii) three pcrsons not holding any office of profit under the University of whom one to be nominated by the Chancellor. one to be nominatcd by the Executive Council and other to be nominated by the Academic Courrcili (iii) the Registrar shall be the Member-Secretary of tlre Selection Committee excePt for the Selection Committee of the appointmont of Registrar in which case the Vic.c-Chancellor shall norninafe olre person as Member-Secretary in consuketion with the executive Council. In making recornmendations for the appoirrtrnent of Professols of the University. the Setection Conrmittee shall have tlre Head of the Depanment concemed. if he is a Professor, one Profcssor of the Department 1o be nominated by the Vice- Chancettor and two persons not fur the services of the a Dedn of faculty 38. Selection Comrnittee. 3e. (l) (3) \t (2) THEASSAM GAZETTE EXTRAORDINARY, OCTOBER 30, 2OI7 4821 I (3) {4} University to be nominated by the Executive Council out of a ianel of nor less than five names of persons rtcommended by the Acaclemic Council, who have special krtowledge of the subject for which the Prtrfessor is to be seJected' In making recommendations tbr the appointment of Associate Profess<rs or As;istant Professors and othcr teachers of the University, the Selection Commidee shall have thb Head of the Departmenl concemed, one Professor of the Departnlent to be nonrinated by tlrc Vice-Chancellor and rwo persons to be nominated try the Executive Council out of a panel of not less than frve ttarnas of persons recommended by the Academic Council being persons not connosted with the UniYersily, who have special knowledge of or interest in the subject for which Provided lhat where the Executive Crlrtrlcil prroposes to make an appointme$l oth€rwise than in order of meiit "r.ang"d by tho Selection Committee tlre post of Professors, Associate Professors and Assisturt Professors, it shall recond its reasons-in writing and submit thern to the chancellor who may apProve the pop'osal or lpttlrn it to thc Executive Council tbr reconsideration. After reconsideration, if the Executive Council deiires to pursue its original proposal, it shall refer the matter again to the Chanccllor for his decisiorl which shall be final: Provided further that, wbere . a Selectiott Committce recommends to the Executive Council the name of onc person only and that person is not aceeptable to the Executive Council, the Executive Cotrncil shall record its reasons in wriring for utll accepting the recommendation and direct ttrc Regisriar to advertise the vacancy again and conver)e a mceting of *re Selection Committee for making fresh recomrnendation, and in so doing communicate to cvcry rnernber of the Selection Committee the reasons recorded as above. Where an appointtnent is to be rnade to a temPorary vacancy of toa&er of the University. the appointment shall be made, if vacancy is for a period of oue year or more, on the rccommendation of the Selcction Committee in accordance with the provisions of the preceding sub-sections and no ad- hoc appointment shall bc made by thc Executive Courrcil. If a member of the Selection Committee is unable to anend, fie may send his opinion in.writing to thc Vice-Chancellor and such opinion shall b€ taken into consideration by the Cornmittee in making its rccommendations. If tte Executive Counuil docs not acccpt any of the recommendations of thc Selcction Cornmittec it shall refer the maner to the Chancellor, s(ating clearty the reasons for no{ agteeing with the Selection Commitee, and the decision given by the Chanccltor ttrereon shall be final. The Executive Council shall constitute one or more Conrmittees for ma&ing recomrnendations to tlre Exeeutive Council for appointment to othbr administrstive posts and may prescribe by Ninance the proccdure and methods to be followed in making sush r€comrnendations. (s) (6) (7) 4822 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2OI7 Studcnts! Advisory Council. 40. (l) There shall be a StudenB' Advisory Council which shall consist of the following members, namely:- (i) (ii) The DeAn Students' Welfarc as thc Chairman; the Dirtctor/Deputy Director of Students' Welfarc as Ex-officio Treasureq President and Secretary of the University Teachers' Assor: iation : President, Vice-President and Secretary of the University Students' Union; Prinr:ipals of the Constituent College, if any; one student from each teaching faculty of the Univcrsity to be elccted as prescribcd by the Statutes; five students, one fi'om each of the five activities mentioned below who have shown outstanding pcrformances in the following octivitjes, to bc nominated by the Vice{.hancellor, namely:- (a) Sports; (b) National Service Schemes; (o) National Cadet Corps; (d) Cultural activities (e) Speciaily abled; four female students to be nominated by the Vice- Chancellor; thi Director of Sports and Physical Education, if aDy; the rnembers of tlre Students' Advisory Council shall elect from amongst tlremselves flre Secretuy of the Council; two .mcmbers ( one female) from MadhaMev College/ Madhabdev University Alumni (to be nominated by the Vice Chancellor) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (2) The tenn of the nrembers of the Students' Advisory Council other than ex-officio nrcmbers shall be one year. The quorum to constitute a meeting of Studentsl Advisory Council the rules ofprocodures and conduct ofbusincss to be foltowed d a meoting, rhe period within which a meeting shall be called and such other matter shall be prcscribed by the Statutes: Provided that no student shall be eligible to be or continub to be a member of the Students Advisory Council unlsss he is eiuolled as a student or after he anains the age of twcnty five years, A student member shall cease !o be such membcr if he fails to Flass at the ncxt Univorsity Examination' The functions of tlre Students' Advisory Council shall be as foltows, namely:- ' to make recommendation$ to the Executive Council and the Acadomic Council in the mattqrs affecting the students corporate life of the Universiiy in so far as it conserns thc students and their co-curricular activhies; (3) --t Rrnctions of Students' Advisory Cormcil. 41. (i) , THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2OI7 4823 (iii) (iv) (v) (vi) t (ii) all rules affecting discipline, welfare, sPorts, lihrary, Managemeot of l{ostels. Sttrdents Home. extension work .social *ork, students' health' N,C.C, National Service Scheme etc. shall be placed before the Students' Advisory Council for its views before any dccision is taken by the Exectnive Council; the Vice-Chancellor or any authority of the Univcrsity may ask for the views of'the Studcnts' Advisory Council on any matter concerning the welfarg of students: the Chairman of the Students' Advisory Council shall be the Authority to decide whe*rer a matter does or does not ooncern the students: the Students' Advisory Couneil shall frame its own rules of business and shall submi( the same to the Executive Council for consideration and approval; the end of the bifurcation between Madhabdev Cbllege and Madhabdev Llniversit). and the creation of a single entity shall mean that the Madhabdev tJniversity shall have the common logo (Madhabdev College logo). the comrnon flag (MadhaMev C'ollege flrg)' the sommon Foundation Day, the colnmon holiday list commoo Teachers' Association and eommon Studerrts Union and one Prospectus. There shall be a Finance Committes of the Universitv consisting of the following members. namely:- (i) the Vice-Chancellor as Chairmarl: (ti) rwo members elected from the Court frorn amongst its members; (iii) two menibers electpd by thc Execuiive Council from its members; (iv) two members ro be nominated by the State Goventment. one &orn the Finance Department attd the other from the Education DePafirnent; (v) Finance (and Accounts) Officer; (vi) Registrar(Adnrinistration). The powcrs of the Finance Committee shall be as ltrltows:- lu examinc thc anirual budget estintates and to give advice and suggcstion to the Executive Council thereonl toil'at" recomrnendalions to the Executive Council relatirrg to the Finance of the University; to examine every propostl for new expenditures involving sum of money exc'eeding ruPees five lakh and to advice the Executive Council *rereon; to rrview ttre f,tnancial position of the University periodically; to suggest in general'the rneans for the improvement of thc financial position of the Univcrsity; to consider and recommend revision of grades of pay and grades of pay ofnew posts to the Exesutive Council; to deal with such other matters relating to the firrancial matters of tlu Universiry as may be prescribed by the Statutes and Ordinanoes. Finance Cc'mn'rittee. Powcrs of Finance Commihee. 42. 43. (a) (b) (c) (d) (e) (0 (e) .\ 4824 THEASSAM GAZETTE, EXTRAORDTNARN OCTOBER 30, 2017 University Fund 44. (t ) The University shall have a Fund to be known as 'Madhabdev University Fund" to rr,hieh shall be credited all its income, fees, fines, contributions, donations, loans and sdvances frorn any other sources. Thc LJniversity may also crgate by Ordinance made in this behalf . one or morc sepanatc spocial funds for the adminietration 'of enrlowmsnts, trusts or other grants .for specific purposos. The $tate Covernment shsll for the purpose of this Act, conribute annually to the Uuiversity Fund so as to €mable the UnivaSsiq' run smoothly and cfficiently- The Statement of Accounts of every completed financial year shall be placed for consideration of the Court.together whh the Audit Report in the next yaar. For this purposc tfte acc,ounts shall be audited by a firm of Charted Accountatts subject to ovenall Audit Scrutiny by the Accountant Gerreral, Assan. Such Annual Staterncnt of Accounts shall; togefier with copics of the audit repon, be submittd through the Executive Council, to the Court aud to rhe Stetc Govemment and thereupon the State Govemment may publish the same in the OfficialOazette. The Finance Co.rnmittee of the Univeruily shall conduct half, yearly internal audh and the report of such audk shall be submitted to the State Governrneut regularly. Notwithstanding anything contained hereunder, the Statc Qovcrnment shall have power when deemed neces"tatry to ordcr an audit of tlrr ac$ounts of the tJniversity. Tlhe. annual budget estimrles, shall a{ler thcse are linalized by the Executivg Council be circulated to the Chanccllor. Statr Government and sll membcrs of the Coun at least fifti:en days befsre they arc submitted to the State (iovernment. The Universiry* shall obtah prior appmval fiorn the Finance (Budger) D€partment of the Statc Covercment for opening any account in a Nationalised Bauk or nny other Bank. Thc operation of such Account by the Uiriversity shall be as per approvdls accorded from time to tirne by the said Department. Subject to the provisions of this Act, the Statrrtes may provide for all/any of the following matters, uamcly:- .(i) the conferment of honorary Degrees; (ii) the lnstitution of Fellowships, Scbolarship, Exhibhion and prizes; (2) (3) (l)Aocouut and Audit. Statutes 45 4$. (2) (3) (4) (s) (6) (iii) (iv) (v) (vi) the terms of officen the rnethod of appointment and the conditions of service of the officers r:f the University: tlre designation and the powers of the otlicers of the Univcrsity; the constilution, powers and duties of the authorities of the University; the establishrnent of constituent Colleges and llostels and thoir rnaintenance: THEASSAMGAZETTE,EXTRAORDINARY, OCTOBER 30, 2017 4825 framing of StnIE" 47. (r) (vii) the constitutio[ of Pensions. Insurance ond Provident Funds. for the benefil of dte officers. teachers, clerical and other staff; .(viii) the mairtcnance of a register of registercd gradu*es; and (ix) all matrcrs, which by this Act, ar6 to bp or may be prescribcd by the Slatdes. Subject to the provisions of this Ast and with the approval of $a Coun, the Executivc Council may mak€ Strtutes for thc purposc of carrying out tho provisions of this Act, and in rcspect of dl rtdcrs which ars rcqufuid to bc or. may bc providcd for by thc $ututes. . Thc draft Strtores or drai amendments may be approved or rrncnded cir'rejcocd by the Coutt in th€ msnner hcrcinaflcr providcd thrt no draft Statutes or draft amcndmcnts to Strtutcs with financial implicatioo shall bc amcnded without furthcr rcftrcncc to thc Exeutivc Council ,. (a) cwry ilrift of Statute proposed by. thc F.xccurirrc Councit ghell bc submitted to the Coutt for considcration. Such draft shell bc considacd by the Court at its next meelinS. The Court may pass the Statutc or may amend it or may rotum thc Slatutc 'to thc Exrcutive Council for rc-considcration; (b) any draft of a Srrtut! ptorposed try rhc Exccutive Council and rejcctcd by thc Coud sball be submitted ' to thc Chanccllor who may rrfcr it back to the Coun for recoisidention; (c) every Sr ure passed by thc Court shall bc submitted to the Chanccllor who ruay give or withhold his consent or refor it btck to the Court for rcconsiderationi (d) I Stj&rte passcd by the Cou.t shall have no validity . until it hrs bc.n asscnted to by thc Chancellon (c) any member of dte Coun mry propose to thc ' exccutive Council rhc drafi of aay Satures: and the Executivc Council shall submit such proposcd dnft to the Court with its comments. Subjccr to the provisions of this Act, and the St&nrtcs, the Exccutiye Cotncil may frame Ordinanccs ro Pmvide for sll or any ofthe following matterc, na.meli (D rhe admission of sludents to the Unlvenity end their elrrolmcnt as such; (ii) the courses of study to b€ laid down for all dcgrecs and diplomas of$c University;. (iii) thc oooditions under which the studEnts sball bc admitred to the degree and diplima courses ind dre examinations of lhe Untversity and ahall bc eligiblc for thc Dcgrces and Diplomas; (iv) thc conditioos of rcsidence of thc studcnB of the Un ivcrsity; (v) irecognition ofthc Hostcls; (vi) the qusliting attendance requirement for stud.flB; (vii) the cxtsnsion of Uniwrsity teaching in any suitable ccDtrc within the Stare b.y means of Universily cxtcnsion lcctur€s or othcrs; (viii) the cmolumeots and conditions of senvice of teachers of the University; (2t J Olilinmces 48, 4826 THEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2OI7 (ix) (x) (xi) (xii) (xlli) the fees to be charyed for study in the University and 'for admission to tbe examinations,.dcgtees and diplomas of the Univenity; the formation of Departrrents of teaching in thc Faculties; the constitution, powers and duties of the Boards of dre University; the conduct of examinationq and all malters whieh by this Act or the Statutes are lo bd or may be providcd by the Ordinances. Regulations .49. (l) Subjects to tbe provisions of this Act' Statutes and Ordinances' "ofr of the Authoritics of the 'University tnay make Regulations consistent with rhis Act, the Starutes and tle Oriinances, for the Purpose of carrying out the duties and for exercising m, por,rio assigrred to the Authority concemed under this Act t}e Statutes and the Ordinances' Without prejudice to the generality of the . preceding tub" section such Regulations may provide for all or any of the follpwing mefters, namelY:- Q) numher of members required to forrn a quorum; all matters which are required to be prescribed by the regulations under this Act' Statutes or the Ordinanoes; all maficrs solely conerning the authorities and not othemrise provided for by or tinder this Act, Statutcs or Ord inances. N otw ithstand i n g anyhi n g urntai tted in preced in g sub-sections, the'Executive Council may direct. exccpt the Court, io make such amendrnents and annulments of any rcgulations frarned by the authority itr such manner as it may spcci$:- Prwidea tnat any Authority which is dissatisfied wi*r such directions of the Executive Council mlry appeal to the Chancellor and the decisious of the Chancellor given in thc appeal shall be final. No act or proccedings of the University or ol'any authority or Committee of the University shttl be invalid rnerely by reasons ofthe existence ofany vacancy or vacancies among its memhors or by reason of the allcged invalidity of thc election' nomination, appointment of any of its members or by reason of any alleged iiregularity in the nranner of choosing a member. Whenever any qudstiotr arises as to whcrher sny person has been duly elected, sPpoint.d. chosen or Rominated as, or is entitled io be a Eiember of any Authority or Body of the Univer':sity or whether any decision of any of the Authoritios or of the Viie-chancellor oi the Univarsity is in conformity with this Act- the Statutas and tlre Ordinancrs, the question shall be referred to the Chancellor whose decision shall be t"inal' All ex-officio nrembers of all authoriries of 'the University shelt hold oftice so long as they hold membership, offices or posts by virtue of which they become members of such Authorities. (i) ( ii) (iii) (3) a-cts or procoediogs not to be invalid by reasons of ccrtain inogularities. Chanceltor's dacision to be final in certain matt€rs. Period of mombcrshiP of the Authorities. 50. (- 5t. s2. (l) THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER fO, 2OI7 4827 Affiliation 53. Save as otherwise provided in this Act' all otlter members ot' the Aurhorities of the university shall hold oflfice for a period of five years or till the expiry of the term of membership, whichcver is earlier from the date of electiott, nornination, sppointment or choosing of the members concemed After the commeocement of this Act, any college or institution apply.ng for a affiliation to the University shall satisfy thc Executive Council - that thc coflege shall be under the nranagetnent-of duly constituted Goveniing Body which shatl include &t least two rcprcsentative ofths tcaching staffof the college or institution, astlre case may be, inctuding the Principal; that the Iand and buildings of the college or institution as the case msy be, and the equipments for teaching thensin ate edequate and suitable; that tlre strsngfh and qualification of the teaching staff are sufticient for the courses to be irnparted in the gollege or institution and that the tenuc of office of teaching staff is reasonable; that adequate arangement shall be made for the welfare , discipline and supervision of its students; that the financial recourses of the collcge or institution are adequate to make provisions fbr its continued mairttenance alrd ethcient workin6 that the affiliation of the colleges or institulion having regard to the educationat facilities provided by the other colleges or instihrtions in the same neighbourhood shall not be injurious to the intcrest of education. {2} (a) (b) (c)) (d) (e) (f) Delegarion 54. Subject to the provisions ol'this Act, the Vice-Chancellor, and with rhe previous approval of the Vice-Chancellor, the Registrar, may delegate any of his powers or duties conferred upon, imposed by or under this Act to an Officer under his direct admin istrative contro L The Chancellor shall, wittrin tlree months frorn the date of the commgnceftrent of this Act, appoint on such terms and condilions as he thinks fit a persorr to be the Vice-Chancellor. For this purpose he/she may constitute an Advisory Board (Search Comminee) as mentioned in section l2(l). A Joint Secretary in the Education (Higher) Departrnent shall be the Secretary to the Search Committee so constituted. A Joint Secretary. Dcpartment of Higher Education, Government of Assam. nominated by Governmerrt shall act as thc first Registrar of the University until a regular Registrar is appointed. The existing bank batances, bank accounts of the Madhabdev College shall be the property of the Madhabdev University. The first Vice-Chancellor shall, rvithin a period of three months fronr the datc of his appointrnent or \^'ithin such longer period, not cxceeding six months frorr the date of hls appointrnent as the Vice Chancellor, may by notification, direct and with the assistance of a Comrniffee consisting of not more than six mernber nominaterl by the Chancellor" cause the first Statutes. the first Ordinances and tlrc first Regulation so Transitory Provisions. ss. (1 ) {2) (3) (4) A i 4828 THE ASSAM GAZETTE, EXTRAORDINARX OCTOBER 30, 2017 (e) (5) (6) (7) (8) (10) (ll) (1) framed to come into force with effect frorn the date of such publication as if tltey were framed or made under the provisions of the Act relating to thcm. The'lirst Vice-Chaneellor shall within three months or within such a longer period not exceedjng six rnonths as the State Government may, by notification direct, from the date of coming into fonce of the first Statutes, the first Ordinance and the first Regulation. ceuse arrallgements to be nrade for constituting the first Court, the first Executive'Corrncil, the first Post-Graduate Board in accordance with the tirst Regulations. The State Governrneut shall, by notification in thc Ofticial Oazr;t1re, appoint a date, and on and from suclr dalc the Authorities of the LJniversity constituled under Section 22 shall comrnence to exercisc tlre powers and dutie's sonferred upon them by or under tlis Act, the first Statules, and the first Regulations. 'l'he first Ststutes, thc first Ordinances and the first Regulations of the liniversity shall remain in forae until rtew Statutes, new flrdinauces and new Regulations are made under the provisions of thi.s Act. 'l'he first Vice-Cbancellor may, subject to the sBnetion of the Clrancellor appoint such adminishative, ministerial aod other staffas he deems Rccessary for giving effsct to the provisions of this section. Notwithsunding thal all the officers and members of the Authorities, collstituting t[:e Liniversity have not beert appointed, nominated chosen or elected, as the case may'be' the University shall be deemed to have come into cxislence on and from the date on whieh this Act comes into force. The proscnt Priniipal of Madhabdev College shall hold an administrative / academic post deemed appropriate to the ranl<' qualification afid status of the incumbent. The existing bank balances,. bank accoune of the Madhabdev Colloge shall be the property of the Madhabdev University. Norwhbstanding anything contained in this Act, the first Registrar shall be appointed by the Chancellor, on such teffrrs and couditions as hc mal' deem fit. A Joint Secretary, Education (Highu), Govemment of Assanr shall be the first Registrar until a regular Rcgistrar is appointed by the Chancellor. The teachers of the University may be appointed by the Exccutive Council after considering the recornmendations of a Selection Committee consisting of the Vice{hancellor and such other pcrson or persons as per rulcs and regulations ofthe University. The seniority of the teachers in the integrared degree and post- graduate course shall be rnainfained 8s Per rlorms. The headship in'the departntent shall rotate every three years arnong those who are eligible fbr it. First appointmcnt ofTeachers and Authorities. Appointme,nt of 57 Teachers. s6. t (2) (3) ( I THEASSAM GAZETTE, EXTRAORDINARX OCTOBER 30, 2017 4829 t Existing Teachers and Staff. State Govcmrnent's Power of superYtsrotl. Emergency power ofthe St*te Government. (4) s8. (r) (2) (3) se. (r) (2) 60. (r) (2) All posts of Madhabdev College including the vacant posts are transferred imrnediatety to the Madhabdev Universiry with effect fmm thb date of commencernenl of this Act. The existing teachers and staff of the Madhabdev College shall constihrt€. a special cadre with respeot to their service conditions at the time of their appointments All pension matters of the preselrt and past teachers aud staff of Madhabdev College (now upgraded to Madhabdev University) shall be handled by the Directorate of Higher Education. If, at any time, the State-Government is of tlre opinion that special ncasons'exist that in any respect the alfairs of the University arc not managed in furtherance of the objects for which aoy grant or donation is specifically made by $e State (iovernment, Public bodics or individuals, University Funds are misappropriated or misapplied, the State CovernmEnt may indicate'to the Executive Council such maner iri regard to which the State Govemmellt desires explanttion and call upon that body within rcasonable time to offer suclr explanation as it may desirg to offcr, with any proposal which it may desirc to make. The University shall not create any post without the approval of the Sate Govemment. lf the Council tbils to offer any explanation or makes proposal or proposals which, in the opinion of the Statd Government is or zue unsatisfactory, the State Govertrment may issue such instructions, as may appear to them to be necessary and desirable in the circumstaltces of the case and the Executive Council shal[give effect to such instructions. If, at any iime, it appears to he necessary and expedient in the opinion of the State Covernment, the State GoYernment may with prior consultation witb *re Chancellor; by a notification published in the Official Gazstte, suspsnd all or any of the powers of the University as provided ir *ction 6 and otber po-wers as may be ancillary to such powers and take over all or any of the powers of management, fiihctions of such authorities'or officers including holding, conduct and superintendence of and management, and appointment of any person or authority in connection with any or more examination or publication of the resuh of any sush examination or to any matter incidental thereto for such pcriod as may be specified in rhe notification and may be specified in the notification and may be excrcised by the State Covernment if and when necessary, durirtg such period, in such manner and through such officers or authority as may be corrsidered tit by the State Government. Provisions of the Statutes; Ordinance and Rcgulations framed under this Act relating to any one or more of the matters referred to in the preceding sub-seetion may be amended for any of the purposes mcntioned therein in such rnarurer as may be decided by the State Govenrffrenl irr prior corrsultation with the Ch8ncellor and shall take effect accordingly for the puriroses of exercising the powers under the preceding sub- section, i 1 4830 THEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2OI7 Inrerprctadon 6l Removbl ol' difficulties. (3) 62. (r) (2) The State Government may constitute an Advisory Comtnittee consisting of at least three persons who, in the opinion of the State Ccrvernment are eminenl educationists. for advising the Statc Covenrntenl in the tnatter ol' discharging the Polvsrs. dutics. firncrions and responsibilities irr respccl of rvhich strch powers arc takel) over by tlre State Government under sul> section (I) of this section. tf any dispute arises as to the interpletation of any of the prcvisio.ns of this Aci, the interpretation given by the bhancellor shall be final and binding to all concemed. lf any dit{iculty ariscs as to the firut constitution or reconstitution of any Authority of the University after the commeircement of this Act or otherwise in first giving effbct to tlre provisions of this Aet, the Slete Government may. by order, remove the difficulties as it deems necessary- for the purposc. Notwithstanding all that is contained in this act. any difficutties or disputes Enoountered by the Uuivensity shall be attondsd to .by the Vice Chancellor in order to protide solution(s), in consultation with the Chancellor if required. In all such matteni the Vice Chancellor's decision shall be final. i S. M. BUZAR BARUAH, Commissioner & Secretary to the Government ofAssam, Legislative Department, DisPur. Guwahati :- printed and Published by the Dy. Director (P & S), Directorate of Printing & SationeryAssam, Guwahati-21 Extraordinary GazljfieNo. i249 -200 + l0 - 30 - lO - 2017. (visit at- www.dpns.assam.gov.in) I {