The Assam Private Universities Act, 2007
Registered No. 768/97

# THE ASSAM GAZETTE

5 R W

## EXTRAORDINARY

### PUBLISHED BY AUTHORITY

131 ft’TjT, W ’RK, 8 CT, 2007, 18 T^5f, 1929 (W )

No. 131 Di spur, Tuesday, 8 th May, 2007, 18th Vaisakha, 1929 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH

**NOTIFICATION** _l_

The 8th May, 2007

**No. LGL.151/2006/49.The following Act of the Assam Legislative Assembly which received**

the assent of the Governor is hereby published for general information.

ASSAM ACT NO. XII OF 2007

(Received the assent of Governor on 30th April, 2007)

**THE ASSAM PRIVATE UNIVERSITIES ACT, 2007.**

AN

ACT


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_to provide for establishment and incorporation of private universities in the Slate of Assam for imparting_

_higher education and to regulate their functions and for matters connected therewith or incidental_

_thereto._

**Preamble** Whereas it is expedient to provide for establishment and incorporation of private

Universities in the State of Assam for imparting higher education and to regulate their

functions and for matters connected therewith or incidental thereto;

It is hereby enacted in the Fifty-eighth Year of the Republic of India, as follows:-

**Short title,** 1. (1) This Act may be called the Assam Private Universities Act, 2007.
**extent and**

(2) It extends to the whole of Assam.

**commence­**
**ment** (3) It shall come into force at once.

**Definitions** **2.** In this Act, unless the context otherwise requires, -

(a) "A1CTE" means All India Council of Technical Education £>“rai

established under All India Council of Technical Education Act, 1987

1987;

(b) "CSIR" means the Council of Scientific and Industrial Research,

New Delhi, a funding agency of the Central Government;

(c) "DEC" means the Distance Education Council established under Ce",rJ 0

section 28 of Indira Gandhi National Open University Act, 1985; ’°85 [0]

(d) "distance education" means education imparted by combination of

any two or more means of communication, viz. broadcasting,

telecasting, correspondence courses, seminars, contact programmes

and any other such methodology;

(e) "DST" means the Department of Science and Technology of the

Central Government;

(f) "employee" means a person appointed by the university to work in

the university, colleges, institutions or study centers and includes

teachers, officers (other than the Visitor) and other employees of

the university;

(g) "fee" means collection made by the university from the students by

whatever name it may be called, which is not refundable;

(h) "Government" means the State Government of Assam;

(i) "higher education" means study of a curriculum or course for the

pursuit of knowledge beyond 10+2 level;

(j) "hostel" means a place of residence for the students of the

university, or its colleges, institutions or centers, maintained or

recognized to be as such by the university;

(k) "ICAR" m eans the Indian Council o f Agriculture Research, a Central

**Act No. 21**

society registered under the Societies Registration Act, 1860; **of i860**

(l) "MCI" means Medical Council of India, Delhi;

(m) "NAAC" means the National Council of Assessment and

Accreditation, Bangalore, an autonomous institution of the UGC;


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(n) "NOTE" means the National Council oi l cachcr Education, Delhi;

(o) “off campus centre” means a centre of the university established by

it outside the main campus operated and maintained as its

constituent unit, having the university’s complement of facilities,

faculty and staff;

(p) "PCI" means Pharmaceutical Council of India, Delhi;

(q) "prescribed" means prescribed by rules made under this Act;

(r) "regulating body" means a body established by the Central

Government for laying down norms and conditions for ensuring

academic standards of higher education, such as UGC, AK’I E,.

NCTE, MCI, PCI, NAAC, ICAR, DEC, CSIR etc. and includes the

State Government;

(s) "Rules" means the rules made under this Act;

(t) “Schedule” means the Schedule to this Act;

(u) 'sponsoring body" in relation to a university established under this

Act means-

(i) a society registered under the Societies Registration Act, I860; Central

**Act No. 21**

**Of** **ol I860**

(ii) any public trust registered under the Indian Trusts Act, 1882; **central Act**
**No. 2 of**

**o r** **1882**

(iii) a company registered under section 25 ol the Companies Act, Central

**Act No. I**

**1 9 5 6 ;** **of t956**

(v) "Statutes", "Ordinances" and "Regulations" mean respectively, the

Statutes, Ordinances and Regulations of the University made under

this A ct;

(w) "student of the university" means a person enrolled in the

university for taking a course of study for a degree, diploma or

other academic distinction duly instituted by the university,

including a research degree;

(x) "study centre" means a centre established and maintained or

recognized by the university for the purpose of advising,

counselling or for rendering any other assistance required by the

students in the context of distance education;

(y) "teacher" means a Professor, Reader, Lecturer or any other person

required to impart education or to guide research or to render

guidance in any other form to the students for pursuing a course of

study of the university;

(z; "UGG" means the University Giants Commission, established Central Act

**'** **’** **No.3ofl956**

under the University Grants Commission Act, 1956:

(za) "university" means a university established and incorporated under

section 6.


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788 THE ASSAM GAZETTE, EXTRAORDINARY MAY 8, 2007

**Objects** **of** 3. I'ollovving shall be the objects of the university, namely

**the**
**University** (1) to provide instructions, teaching and training in Higher Education

and make provisions for research, advancement and dissemination

of knowledge;

(2) to create higher levels of intellectual abilities;

(3) to establish state of the art facilities for education and training;

(4) to carry out teaching and research and offer continuing education

programmes;

(5) to create centres of excellence for research and development and

for sharing knowledge and its application;

(6) to establish campus in Assam and to have study centers at different

places within its jurisdiction;

(7) to establish examination centres;

(8) to institute degrees, diplomas, certificates and other academic

distinctions on the basis of examination, or any such other method;

(9) to ensure that the standard of degrees, diplomas, certificates and

oiher academic distinctions are not lower than those laid down by

A1CTE, NCI E, IJGC, MCI, Pharmacy Council, and other similar

agency/ agencies established by the Central Government for

regulation of education;

(10) to open study centers within its jurisdiction;

(11) to set up off campus centre within and out of the Stale, subject

to the permission of the regulatory bodies under any law made by

the Parliament and any regulation, rules etc. made by the

regulating bodies;

(12) to pursue any other objective as may be approved by the

Government.

**Submission** 4. (1) An application containing the proposal and the project report to

**of proposal**

establish a university in private sector shall be made by the

**for**
**establish­** sponsoring body to the State Government, alongwith such fee as
**ment of a**
**University** may be prescribed.

**and its**

(2) fhe project report must contain the following particulars, namely:-

**evaluation**

(a) the details of the sponsoring body alongwith the copies of its

registration certificate, constitution and bye-laws;

(b) the information regarding financial resources of the sponsoring

body alongwith audited accounts for the past five years;

(c) the name, location and headquarters of the proposed university;

(d) lhc objectives of the university;

(c)the availability of land and details of buildings and

infrastructure facilities, if already exist and details of land,


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building and other infrastructure proposed to be owned or

created as required under the provisions of this Act;

(f) availability of academic facilities including teaching and non­

teaching staff, if any, at the disposal of sponsoring body;

(g) the details of plans for campus development such as

construction of buildings, development of structural amenities

and infrastructure facilities and procurement of equipment etc.

to be undertaken before the university starts functioning and

phased programme for first five years;

(h) the phased outlays of capital expenditure proposed for the next

five years and its sources of finance; /

_/_

(i) the nature and the type of programmes of study and research

proposed to be undertaken by the university and their relevance

to the development goals and employment needs of the State

and phasing of such programmes over the first five years with

course-wise enrolment targets;

(j) the experience and expertise in the concerned disciplines at (he

command of the sponsoring body;

(k) the nature of facilities, courses of study and research proposed

to be started;

(l) the estimated recurring expenditure course-wise or activity­

wise, sources of finance and estimated expenditure per student;

(m) the scheme for mobilizing resources and the cost of

capital thereto and the manner 'jf repayment to such sources;

(n) the scheme for the generation of funds internally through the

recovery of fee from students, revenues anticipated (torn

consultancy services and other activities relating to the objects

of the university, and other anticipated incomes;

(o) the proposed fee structure with reference to the details of

expenditure on unit cost and the extent of concessions or rebates

in fee or free-ships and scholarships to the poor students lrom

economically [Ooor or socially backward families, including

Scheduled Castes, Scheduled Tribes, Other Backward Classes

and handicapped students;

(p) the system, proposed to be followed for selecting students for

admissio n to the courses of study at the university;

(q) the syslem proposed to be followed for appointment of teachers

and oilier employees in the university;

(r) whether the university is desirous of taking up distance

ed ucation programme, if so, details ol study centres proposed to

be started;


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(s) whether the university proposes Io undertake some programmes

related to local needs. If so, the nature of specialized teaching,

training or research activities to be undertaken by the university

so as to fulfill this objective;

(t) whether the university proposes to start some programmes for

the benefit of farmers, women and industries . If so, details

thereof may be given;

(u) details of play grounds and other facilities available or

proposed to be created for games and spoils and extra curricular

activities like National Cadet Corps, National Service Scheme,

Scouts and Guides etc;

(v) thc arrangements proposed to be made for academic auditing;

(w) justification regarding the necessity of establishment of the

proposed university;

(x) commitment to follow the norms of the regulating bodies;

(y) such other details as the sponsoring body may like to give;

(z) such other details as may be prescribed.

(3) Tiie State Governnicnt, on receipt of the proposal and the project

report for establishment of a university, shall constitute a

committee consisting of such members as may be specified by it,

out of whom at least one shall be an expert, to examine the

proposal and the project report.

Explanation: - In this sub- section the expression “expert” means

an academician of prominence in the respective field of higher

education.

(4) The committee shall consider the proposal and the project report on

the following grounds, namely: -

(a) financial soundness and assets of the sponsoring body and its

ability to set up the infrastructure of the proposed university;

(b) back ground of die sponsoring body, that is to say, its expertise

and experience in the field of education, its general reputation

etc. and its commitment to follow the norms of the regulating

bodies;

(c) potentiality of the courses proposed to be offered, that is to say,

the courses arc able to develop the human resources as per the

requirements of contemporary demands, the courses have new

features and include emerging branches of learning;

(5) The committee, while considering the proposal and the project

report under sub- section (4), may call for such other information

from the sponsoring body as if thinks proper for the purpose.


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(6) The committee shall submit its report to the State Government

within a period of one month from the date of its constitution:

Provided that while ct^^niting the period of one month, the period

commencing from the date on which requisition for any information

under sub-section (5) is issued and ending on the date on which

requisite information is submitted to the committee shall be excluded.

**Issuance of** 5. (1) After the receipt of the report of the committee constituted under
**the letter of**

section 4, if the State Government is satisfied that it is advisable to

**intent** **and**

**compliance**

establish the university, it may issue a letter of intent and ask the

**report**

sponsoring body to-

(i) establish an endowment fund in accordance with the provisions

of section 1 I of (his Act;

(ii) own a minimum of 20 acres of land outside municipal area or

iO acres within municipal area, if not already available;

(iii) construct a minimum of 10,000 square meters of covered space

for administrative purposes and for conducting academic

programmes, if not already available;

(iv) purchase books and journals of atlcast rupees 10 lacs or as per

the norms of regulating bodies, whichever is higher, and give

undertaking to invest within first three years not less than

rupees 50 lacs or as per the norms of regulating bodies,

HC1 . j’JiW 7l(irnou.oJ• bOiUiJ d _i -_
whichever is higher, on, books, journals, computers, library

networking and other facilities so as to make the library

facilities adequate for contemporary teaching and research;

(v) purchase equipments, computers, furniture, other mobile and

immobile assets and infrastructure facilities (other than

buildings, referred to in clause (iii) above) worth rupees 20 lacs

or as per the norms of regulating bodies, whichever is higher,

and give undertaking to procure within the first five years

equipments, computers, furniture, other mobile and immobile

assets and infrastructure facilities (other than buildings,

referred to in clause (iii) above) worth not less than rupees otic

crore or as per the norms of regulating bodies, whichever is

higher;

(vi) give undertaking to appoint at least 1 Professor, 2 Readers and

adequate number of Lecturef^Iong with necessary supporting

staff in each department -ortgSjh^pline to be started by the

university;

_J_ _1_ _.. ■_

(vii) give undertaking to take up co-curricular activities like

seminars, programmes and extracurricular


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activities like games, sports. National Service Scheme,

National Cadet Corps. Scouts and Guides etc. for the benefit of

students as per the norms laid down by the regulating bodies;

(viii) give undertaking for establishment of provident fund and to

take up welfare programmes for the employees of the

university; and

(ix) fulfill such other conditions and provide such other

information as may be prescribed by the University Grants

Commission, All India Council for Technical Education or any

other statutory body established by the law of the Union or

State Government.

(2) The sponsoring body shall fulfil the requirements and conditions

specified in sub-section (1) and shall report the compliance to the

State Government within a maximum period of two year from the

date of issue of the letter of intent. On receiving the compliance

report, the State Government shall appoint a committee consisting

of such members, including the representative of the regulating

bodies, as may be specified, to verify the compliance report. The

committee shall submit its report to the State Government within
one month from the date of its constitution specifying whether the

sponsoring body has fulfilled the requirements and conditions laid

down in sub-section (1).

(3) If the sponsoring body has failed to comply with the provisions of

sub-section (2), its proposal submitted under section d shall slrind

rejected and the letter of intent issued under sub-section (1) shall

be deemed to have been withdrawn.

**Establishment** **g** The Government, if satisfied, after considering the report submitted

**of the**
**University** under sub-section (2) of section 5 that the sponsoring body has

complied with the provisions of sub-section (1) of section 5, may, by

an Act of the State Legislature, establish a private university with such

name, location, jurisdiction and with such infrastructure as may be

specified in the Schedule.

**Incorporation** **7** Every university established by an Act of the State Legislature under

**of the**
**University** section 6 shall be a body corporate by the name as specified in the Act

and shall have perpetual succession and a common seal. It shall have

the power to acquire and hold properly both movable and immovable

and to make contract, and may sue and be sued by the said name.

**University to** **8.** I he university shall be self financed and shall not be entitled to receive

**be self­**
**financed** any grant or other financial assistance from the State Government.


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U IH j^ S A M G AZErrE, EXTRAORDINARY, MAY 8. 2007
793.

**Requirement** 9. No university shall he established unless (lie sponsoring body is in

**of la lid**

possession of                      -

(1) a minimum of twenty acres, i.e. 60.50 Bighas of land outside the

municipal limits; or

(ii) a minimum of ten acres, i.e. 30.25 Bighas of land within the

municipal limits.

**No power to** 10. The University shall not admit any college or institution to the
**affiliate any**
**college** **or** privilege of affiliation

**institution.**

**Endowment** 11. (1) The sponsoring body shall establish an Endowment Fund Cor the
**F uni!**             - •

university with an amount of, -

(i) one crore rupees in case the university is situated in

Scheduled Tribes area;

(ii) in other cases, two crore rupees.

(2) The Endowment Fund shall be used as security deposit to ensure

that the university complies with the provisions of this Act and

functions as per provisions of this Act, Statutes and Ordinances.

The Government shall have the powers to forfeit in the prescribed

manner, a part or whole of the Endowment Fund in case the

university or the sponsoring body contravenes the provisions of

this Act or Statutes, Ordinances, Regulations or rules made there
under. *'"*

(3) Income from Endowment Fund may be utilised for development of

infrastructure of the university but shall not be utilised to meet out

the recurring expenditure of the university.

(4) Fhe amount of Endowment Fund shall be invested and kept

invested until the dissolution of the university in long term

_’ -If I f't j __ — ‘ | V_ ' ■
securities issued or guaranteed by the State Government or

deposited and kept deposited until the dissolution of the university

in the interest bearing Personal Deposit account in Government

Treasury .

(5) In case of investment in long term security, the certificates ol the

securities shall be kept in the safe custody ol the State Government

and in case of deposit in the interest bearing Personal Deposit

account in Government Treasury, deposit shall be made with the

condition that the amount shall not be withdrawn without the

permission of the State Government.

**General** 12. Every university shall establish a fund, which shall be called the
**Fund**

General Fund to wltidh following shall be credited, namely:-


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(i) for the payment of cost of capital, not exceeding the prevailing

bank rates of interest, incurred by the sponsoring hotly for setting

up the university and the investments made therefor;

(j) for the payment of charges and expenditure relating to the

consultancy work undertaken by the university in pursuance of the ,

provisions of this Act and the rules, Statutes or Ordinances made

thereunder;

(k) for the payment of any other expenses including service fee

payable to any organization charged with the responsibility of

providing any specific service, including the managerial services

to the university, on behalf of the sponsoring body, as approved by

the Board of Management to be an expense for the purposes of the

university:

. • j ; ’ -o d o l y d J .T /c i; Ul v ) o /I' : \

Provided that no expenditure shall be incurred by the uhiversity in

excess of the limits for total recurring expenditure and total non­

recurring expenditure for the year, as may be fixed by the Board of

Management, without the prior approval of the Board of Management:

Provided further that the General Fund shall, for the objects

specified under sub-clause (a), be applied with the prior approval of

the Governing Body of the university.

**Officers** **of** 14. The following shall be the officers of the university, namely:-

**the**
**University** (l) the Visitor;

(2) the Chancellor;

(3) the Vice-Chancellor;

(4) the Registrar;

(5) the Chief Finance and Accounts Officer;

(6) such other officers as may be declared by the Statutes to be the

officers of the University.

**Power** **of** 15. (1) The Governor of Assam shall be the Visitor of the university.

**Visitors**

(2) The Visitor shall, when present, preside at the convocation of the

university for conferring degrees and diplomas. The Visitor shall

have the following powers, namely:-

(a) to call for any paper or information relating to the affairs of

the university;

(b) on the basis of the information received by the Visitor, if he is

satisfied that any order, proceeding, or decision taken by any

authority of the university is not in conformity with the


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provisions ol this Act or Statutes, Ordinances, Regulations and

rules made thereunder, he may issue such directions as he may

deem lit in the interest of the university and (he directions so

issued shall be complied with bj' the university.

**The** 16. (1) fhc Chancellor shall be appointed by the sponsoring body for a
**Chancellor**

period of three years with the approval of the visitor by following

such procedure and on such terms and conditions as may be

prescribed by the Statutes.

(2) The Chancellor shall be the head of the university.

(3) The Chancellor shall preside at the meetings of the Governing

Body and shall, when the Visitor is not present, preside at the

convocation of the university for conferring degrees, diplomas or

other academic distinctions.

(4) The Chancellor shall have the following powers, namely:-

(a) to call for any information or record;

(b) to appoint the Vice-Chancellor;

(c) to remove the Vice-Chancellor in accordance with the

provisions of sub-section (7) of section 17;

(d) such other powers as may be prescribed by (he Statutes.

**The** **Vice-** 17. (1) The Vice-Chancellor shall be appointed by the Chancellor from a

**Chancellor**

panel of three persons recommended by the Governing Body and

shall, subject to the provisions contained in sub-section (7), hold

office for a term of three years:

Provided that, after expiry of the term of three years, a person shall

be eligible for re-appointment for another term of three years:

Provided further that a Vice-Chancellor shall continue to hold the

office even after expiry of his term till new Vice-Chancellor joins.

However, in any case this period shall not exceed one year.

(2) The Vice-Chancellor shall be the principal executive and academic

officer of the university and shall exercise general superintendence

and control over the affairs of the university and shall execute the

decisions of various authorities of the university.

(3) The Vice-Chancellor shall preside at the convocation of the

university in the absence of both, the Visitor and the Chancellor.

(4) If in the opinion of the Vice-Chancellor it is necessary to take

immediate action on any matter for which powers are conferred on

any other authority by or under this Act. lie may take such action as

he deems necessary and shall at the earliest opportunity thereafter

report his action to such officer or authority as would have in the

ordinary course dealt with the matter:

V


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**J**

**'! ; T * C H I I O**

**Ihe** **Chief** 19. (1) The appointment of the Chief Finance and Accounts Officer shall

**Finance and**
**Accounts** be made by the Chancellor in such manner as may be prescribed by
**Officer**

the Statutes.

(2) The Chief Finance and Accounts Officer shall exercise such powers

and perform such duties as may be prescribed by the Statutes.

**Other** 20. (1) The university may appoint such other officers as may be necessary
**Officers**

for its functioning.

f (2) The manner of appointment of other officers of the university and

their powers and functions shall be such as may be prescribed by

the Statutes.

;j < noiHiq-! v :< .!

**Authorities** 21. The following shall be the authorities of the university, namely;-
**of** **the**

(1) the Governing Body;

**University**

(2) the Board of Management;

(3) the Academic Council;

(4) such other authorities as may be declared by the Statutes to be

the authorities of the university, 1 GJ 222U131

**The** 22. (1) The Governing Body of the university shall consist of the
**Governing**
**Body** following, namely:- i iC

(a) the Chancellor;                     -                     - ji v

(b) the Vice-Chancellor;

(I (c) five persons nominated by the sponsoring body out of whom

                   - . n o th : two shall be eminent educationists;

(d) one expert of management or information technology from

outside the university, nominated by the Chancellor; and

(e) one expert of finance, nominated by the Chancellor.

(2) The Governing Body shall be the supreme authority of the

university. All the movable and immovable property of the

university shall vest in the Governing Body. It shall have t lie

following powers, naniely:-

(a) to provide general superintendence and directions and to

control functioning of the university by using all such powers

as arc provided by this Act or the Statutes, Ordinances,

Regulations or rules made thereunder;

(b) to review the decisions of other authorities of the university in

case they arc not in conformity with the provisions of this Act

jrtif

or the Statutes, Ordinances, Regulations or rules made

thereunder;

(c) to improve the budget and annual report of the university;

(d) to lay down the extensive policies to be followed by the

university;


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'IO T O l ll o b 'M T

**The** **Chief** **19.** (1) The appointment of the Chief Finance and Accounts Officer shall

**Finance and**
**Accounts** be made by the Chancellor in such manner as may he prescribed by
**Officer**

the Statutes.
i

(2) The Chief Finance and Accounts Of ficer shall exercise such powers

and perform such duties as may be prescribed by the Statutes.

**Other** 20. (1) The university may appoint such other officers as may be necessary
**Officers**

for its functioning.

(2) The manner of appointment of other officers of the university and

their powers and functions shall be such as may be prescribed by

the Statutes.

**Authorities** 21. The following shall be the authorities of the university, namely:-

**of** **the**

**University** ( [1]) [lh e] Governing Body;

(2) the Board of Management;

(3) the Academic Council;

(4) such other authorities as may be declared by the Statutes to be

I the authorities of the university,

**The** 22. (1) The Governing Body of the university shall consist of the

**Governing**

following, namely:-

**Body**

(a) the Chancellor;

(b) the Vice-Chancellor;

(c) five persons nominated by the sponsoring body out of whom

two shall be eminent educationists;

(d) one expert of management or information technology from

outside the university, nominated by the Chancellor; and

(e) one expert of finance, nominated by the Chancellor.

(2) The Governing Body shall be the supreme authority of the

university. All the movable and immovable property of the

university shall vest in the Governing Body. It shall have the

following powers, naniely:-

(a) to provide general superintendence and directions and to

control functioning of the university by using all such powers

as are provided by this Act or the Statutes, Ordinances,

Regulations or rules made thereunder;

(b) to review the decisions of other authorities of the university in

case they arc not in conformity with the provisions of this Act

or the Statutes, Ordinances, Regulations or rules made

thereunder;

(c) to improve the budget and annual report of the university;

(d) to lay down the extensive policies to be followed by the

university;


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**J**

io T it H im                - \ ' !<.> ' i f - r                - m f i l ! is. ■ ■ :

**I'hc** **Chief** 19. (1) The appointment of the Chief Finance and Accounts Officer shall

**Finance and**
**Accounts** be made by the Chancellor in such manner as may be prescribed by
**Officer**

the Statutes.

(2) 1'he Chief Finance and Accounts Officer shall exercise such powers
i

and perform such duties as may be prescribed by the Statutes.

**Other** 20. (1) The university may appoint such other officers as may be necessary
**Officers**

for its functioning.

(2) The manner of appointment of other officers of the university and

their powers and functions shall be such as may be prescribed by

the Statutes.

**Authorities** 21. Ihc following shall be the authorities of the university, namelyr-
**of** **the**

**University** (1) the Governing Body; JU

(2) the Board of Management;

in B b (3) the Academic Council;

(4) such other authorities as may be declared by the Statutes to be

/rm 9/hn the authorities of the university.

**Ihc** 22. (1) The Governing Body of the university shall consist of the

**Governing**

following, namely:-

**Body**

(a) the Chancellor; j y j

(b) the Vice-Chancellor;

(c) five persons nominated by the sponsoring body out of whom

two shall be eminent educationists;

(d) one expert of management or information technology from

outside the university, nominated by the Chancellor; and

(e) one expert of finance, nominated by the Chancellor.

(2) The Governing Body shall be the supreme authority of the

university. All the movable and immovable property of the

university shall vest in the Governing Body. It shall have the

following powers, namely

(a) to provide general superintendence and directions and to

control functioning of the university by using all such powers

as are provided by this Act or the Statutes, Ordinances,

Regulations or rules made thereunder;

(b) to review the decisions of other authorities of the university in

case they arc not in conformity with the provisions of this Act

or the Statutes, Ordinances, Regulations or rules made

thereunder;

(c) to improve the budget and annual report of the university;

(d) to lay down the extensive policies to be followed by the

university;


-----

**J**

io T it H im                - \ ' !<.> ' i f - r                - m f i l ! is. ■ ■ :

**I'hc** **Chief** 19. (1) The appointment of the Chief Finance and Accounts Officer shall

**Finance and**
**Accounts** be made by the Chancellor in such manner as may be prescribed by
**Officer**

the Statutes.

(2) 1'he Chief Finance and Accounts Officer shall exercise such powers
i

and perform such duties as may be prescribed by the Statutes.

**Other** 20. (1) The university may appoint such other officers as may be necessary
**Officers**

for its functioning.

(2) The manner of appointment of other officers of the university and

their powers and functions shall be such as may be prescribed by

the Statutes.

**Authorities** 21. Ihc following shall be the authorities of the university, namelyr-
**of** **the**

**University** (1) the Governing Body; JU

(2) the Board of Management;

in B b (3) the Academic Council;

(4) such other authorities as may be declared by the Statutes to be

/rm 9/hn the authorities of the university.

**Ihc** 22. (1) The Governing Body of the university shall consist of the

**Governing**

following, namely:-

**Body**

(a) the Chancellor; j y j

(b) the Vice-Chancellor;

(c) five persons nominated by the sponsoring body out of whom

two shall be eminent educationists;

(d) one expert of management or information technology from

outside the university, nominated by the Chancellor; and

(e) one expert of finance, nominated by the Chancellor.

(2) The Governing Body shall be the supreme authority of the

university. All the movable and immovable property of the

university shall vest in the Governing Body. It shall have the

following powers, namely

(a) to provide general superintendence and directions and to

control functioning of the university by using all such powers

as are provided by this Act or the Statutes, Ordinances,

Regulations or rules made thereunder;

(b) to review the decisions of other authorities of the university in

case they arc not in conformity with the provisions of this Act

or the Statutes, Ordinances, Regulations or rules made

thereunder;

(c) to improve the budget and annual report of the university;

(d) to lay down the extensive policies to be followed by the

university;


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 8, 2007 799.

(e) to recommend to the sponsoring body about the voluntary

liquidation of the university if a situation arises when smooth

functioning of the university does not remain possible, inspitc

of all efforts;

(i) such other powers as may be prescribed by the Statutes.

(3) The Governing Body shall meet at least three times in a calendar'

year.

(4) The quorum for meetings of the Governing Body shall be four.

**The** **Board** 23. (l)The Board of Management shall consist of the following members,

**of Manage­**
**ment** namely:-

(a) the Vice-Chancellor;

(b) two members of the Governing Body, nominated by the

sponsoring body;

(c) three persons, who are not the members of the Governing Body,

nominated by the sponsoring body;

(d) three persons from amongst the teachers, nominated by the

sponsoring body;

(e) Two teachers,'nominated by the Vice-Chancellor.

(2) The Vice-Chancellor shall be the Chairperson of the Board of

Management.

(3) The powers and functions of the Board of Management shall be

such as may be prescribed by the Statutes.

(4) The Board of Management shall meet once in every two months.

(5) The quorum for meetings of the Board of Management shall be

five.

**The** 24. (l)Thc Academic Council shall consist of the Vice-Chancellor and
**Academic**

such other members as may be prescribed by the Statutes.

**Council**

(2) Thc Vice-Chancellor shall be the Chairperson of the Academic

Council.

(3) I'hc Academic Council shall be the principal academic body ol the

university and shall, subject to the provisions of this Act and the

rules, Statutes or Ordinances, made thereunder, co-ordinate and

exercise general supervision over the academic policies ol the

university.

(4) The quorum for meetings of the Academic Council shall be such as

may be prescribed by the Statutes.

**Other** 25. The composition, constitution, powers and iunctions of other
**Authorities**

authorities of the university shall be such as may be prescribed by the

Statutes.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 8, 2007

j H;

**Disqualifical** 2.6. A person shall be disqualified tor being a member of any of the

**ion for**
**membership** authorities or bodies of the university, if he/she-

**of an**

(a) is of unsound mind and stands so declared by a competent

**authority or**
**body** court;

(b) is an undischarged insolvent;

(c) has been convicted of-any offence involving moral turpitude;

(d) is conducting or engaging himself in private coaching classes;

or

(e) has been punished for indulging in or promoting unfair practice

in the conduct of any examination, in any form, anywhere.

**Vacancies** 27. No act or proceeding of any authority or body of the university shall be

**not to**

invalid merely by reason of any vacancy or defect in the constitution

**invalidate**
**the procee­**

thereof.

**dings of any**
**authority or**
**body of the**
**University**

**Filling up of** 28. Any vacancies occurred in the membership of any authority or body of
**emergent**

the university due to death, resignation or removal of a member or due

**vacancies**

to change of capacity in which he was appointed or nominated, shall be

Idled up as early as possible by the person or the body who had

appointed or nominated such a member:

Provided that the person appointed or nominated as a member

of an authority or body of the university on an emergent vacancy, shall

remain member of such authority or body for only the remaining

period of the member, in whose place he is appointed or nominated,

**Committee** 29. fhe authorities or officers of the university may constitute such

committees with such terms of reference as may be necessary for

specific tasks to be performed by such committees, fhe constitution of

such committees and their duties shall be such as may be prescribed by

the Statutes.

**The First** 30. (1) Subject to the provisions of this Act, and the rules made thereunder,
**Statutes**

the First Statutes of the university may provide for all or any of the

following matters, namcly:-

(a) the constitution, powers and functions of the authorities and

other bodies of the university as may be constituted from time

to time;

(b) the terms and conditions of appointment of the Vice-Chancellor

and his powers and functions:

(c) the manner and terms and conditions of appointment of the

Registrar and Chief Finance and Accounts Officer and their

powers and functions;


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(d) the manner and terms and conditions of appointment of other

officers and teaeiiers and (heir powers and functions;

(e) the terms and conditions of service of employees of the

university;

(f) the procedure for arbitration in case of disputes between

officers, teachers, employees and students;

(g) the conferment of honorary degrees;

(h) the provisions regarding exemption of students from payment of

tuition Ice and for awarding to them scholarships and

fellowships;

(i) provisions regarding the policy of admissions, including

regulation of reservation of seats;

(j) provisions regarding fees to be charged from students; and

(k) provisions regarding number of seats in different courses.

(2) The First Statutes of the university shall be made by the Governing

Body and shall be submitted to the Stale Government for its

approval.

(3) The State Government shall consider the First Statutes, submitted

by the university and shall give its approval thereon within two

months from the date of its receipt and with such modifications if

any, as it may deem necessary.

(4) The university shall communicate its agreement to the First

Statutes as approved by the State Government, and if it desires not

to give effect to any or all of the modifications made by the State

Government under sub-section (3), it may give reasons therefore

and after considering such reason, the State Government may or

may not accept the suggestions made by the university.

(5) I he State Government shall publish the f irst Statutes, as finally

approved by it, in the Official Gazette, and thereafter, the first

Statutes shall come into force from the date of such publication.

**Subsequent** 31. (1) Subject to the provisions of this Act and the Rules made thereunder,
**Statutes**

the subsequent Statutes of the university may provide for all or any

of the following matters, namely

(a) creation of new authorities of the university;

(b) accounting policy and financial procedure;

(c) representation of teachers in the authorities of the university;

(d) creation of new departments and abolition or restructuring of

existing department;

(e) institution of medals and prizes;

(f) creation of posts and procedure for abolition of posts;


-----

802

THE ASSAM GAZETTE, EXTRAORDINARY. MAY 8, 2007 __

(g) revision of fees:

(11) alteration of the number of seats in different syllabi; and

(i) all other matters which under the provisions of this Act arc to be

prescribed by the Statutes.

(2) The Statutes of the university^ether than the first Statutes shall be

made by the Board of Management with the approval of the

Governing Body.

(3) The Statutes made under sub-section (2) shall be sent to the State

Government and the State Government may approve them as such

or, if it considers necessary, give suggestions for modifications in

them within two months from the date of receipt of the Statutes.

(4) The Governing Body shall consider the modifications suggested by

the State Government and return the Statutes to the State

Government with its agreement to such changes or with its

comments on the suggestions made by the State Government.

(5) The State Government shall consider the comments of the

Governing Body and shall approve the Statutes with or without

modifications and then the Statutes as finally approved by the Slate

Government shall be published by it in the Official Gazette, and

upon such publication the statutes shall come into force.

**The** **First** 32. (I) Subject to the provisions of this Act or the rules or Statutes made

**Ordinances**

thereunder, the f irst Ordinances may provide lor all or any of the

following matters, namely:-

(a) the admission of students to the university and their enrolment

as such;

(b) the courses of study to be laid down for the degrees, diplomas

and certificates of the university;

(c) the award of the degrees, diplomas, certificates and other

academic distinctions, 'he minimum qualifications for the same

and the means to be taken relating to the granting and obtaining

of the same;

( I) the conditions for award of fellowships, scholarships, stipends,

medals and prizes;

(e) the conduct of examinations, including the terms ol office and

manner of appointment and the duties of examining bodies,

examiners and moderators;

(f) fees to be charged for the various courses examinations, degrees

and diplomas of the university;

(g) the conditions of residence of the students of the university;

(h) provision regarding disciplinary action against the students;


-----

(i) the creation, composition and functions of any other body which

is considered necessary for improving the academic life of the

university;

(j) the manner of co-operation and collaboration with other

universities and institutions of higher education;

(k) all other matters which by this Act or Statutes made thereunder

are required to be provided by the Ordinances.

(2) lhe First Ordinances of the university shall be made by the Vice-
                                    -

Chancellor which after being approved by (he Board of

Management, shall be submitted to the State Government for its

approval.

(3) lhe Slate Government shall consider the first Ordinances

submitted by the Vice-Chancellor under sub-section (2) within two

months from the date of their receipt and shall either approve them

or give suggestions for modifications therein.

(4) The Vice-Chancellor shall either modify the Ordinances

incorporating the suggestion of the State Government or give

reasons for not incorporating any of the suggestions made by the

State Government and shall return the f irst Ordinances alongwith

such reasons, if any, to the State Government and on receipt ol the

same, the State Government shall consider the comments ol the

Vice-Chancellor and shall approve the First Ordinances of the
! ' -

university with or without such modifications and then the first

Ordinances, as approved by the Slate Government shall be

published by the Stale Government in lhe Oficial Gazette and upon

such publication the Ordinances shall come into force.

**Subsequent** 33. (1) All Ordinances other than the First Ordinances shall be made by
**Ordinances**

the Academic Council which alter being approved by (he Board of

Management shall be submitted to the State Government lor its

approval.

(2) The State Government shall consider lhe Ordinances submitted by

the Academic Council under sub-section ( I ) within two months

from lhe date of their receipt and shall approve them or give

suggestion for modifications therein

(3) lhe Academic Council shall either modify the Ordinances

incorporating the suggestion ol the State Government or give

reasons for not incorporating any ol the suggestions made by the

State Government and shall return (lie Ordinances alongwith such

reason, if any, to the Stale Government and on receipt ol the same,

the State Government shall consider the comments ol the Academic


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804

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 8, 2007_________

Council and shall approve the Ordinances with or without

modifications and then the Ordinances, as approved by the Stale

Government, shall be published by the State Government in the

Official Gazette and upon such publication the Ordinances shall

come into force.

**Regulations** 34. The authorities of the university may, subject to the prior approval of

the Board of Management, make regulations, consistent with this Act

and the rules, Statutes and the Ordinances made thereunder, for the

conduct of their own business and that of the committees appointed by

them.

**Admissions** 35. (1) Admission in the university shall be made strictly on the basis of

merit:

Provided that for the purpose of filling minority quota in the

university established and administered by minority community,

zone of consideration for determination of merit shall be limited

only to the students belonging to that minority community.

(2) Merit for admission in the university may be determined cither on

the basis of marks or grade obtained in the qualifying examination

and achievements in co-curricular and extra-curricular activities or

on the basis of marks or grade obtained in the entrance test

conducted at slate level either by an association of the universities

conducting similar courses or by any agency of the State:

Provided that admission in professional and technical courses shall

be made only through entrance test.

(3) Seats for admission in the university of the students belonging to

scheduled castes, scheduled tribes and other backward classes and

women and handicapped students shall be reserved as per the policy

of the State Government.

**Fee** 36. (1) The university may, from time to time, prepare its fee structure and

**structure**

send it for approval of the Committee constituted for the purpose

under section 29 or any other law for the time being in force.

(2) The Committee shall consider the fee structure prepared by the

university and if it is satisfied that the proposed fees is-

(a) sufficient for-

(i) generating resources for meeting the recurring expenditure of

the university; and

(ii) the savings required for the further development of the

university; and

. (b) not unreasonably excessive, it may approve the fee structure.


-----

(3) The fee structure approved by the ( ommittec under sub-section (2)

shall remain in force for three years and the university shall be

entitled to charge Ices in accordance with such fee structure.

(4) The university shall not charge any fee, by whatever name called,

other than that for whidMt is entitled under sub-section (3).

**Examina­** 37. At the beginning of each academic session and in any case not later

**tions**

than 30th of August of everjgcalendar year, the university shall prepare

and publish a semesterwise or annual, as the case may be, schedule of

examinations for each and every course conducted by it and shall

strictly adhere to (he schedule.

_Explanation.- "Schedule of Examination" means a table giving_

details about the time, day and date of the commencement of each

paper which is a part of a scheme of examinations and shall also

include the details about the*.practical examinations:

Provided that if, for any reason whatsoever, university has been

unable to follow this schedule, it shall, as soon as practicable, submit a

report to the State Government incorporating the detailed reasons for

making a departure from the published schedule, flic Government

may, thereon, issue such directions as it may deem lit for better

compliance in future.

**Declaration** 38. (1)1 he university shall strive to declare the results of every
**of results**

examination conducted by it within thirty days from the last date of

the examination .for that particular course and shall in any case

declare the results la.lqst^within forty-live days from such date:

Provided that if, for any reason whatsoever, the university is

unable to finally declare (he results of any examination within the

aforesaid period of forty-live days, it shall submit a report

incorporating the detailed reasons for such delay to the State

Government, flic State Government may, thereon, issue such

directions as it may deem fit for better compliance in future.

(2)No examination or the results of an examination shall be held

invalid only for the reasons that the university has not followed the

schedule as stipulated in section .37 or, as the case may be, in

section 38.

**Convocation** 39. The convocation of the university shall be held in every academic

year in the manner as may be prescribed by the Statutes for conferring

degrees, diplomas or for any other purpose.

**Accreditation** 40. The university shall obtain accreditation from the National Council
**of the**
**University** of Assessment and Accreditation (NAAC), Bangalore within three

years of its establishment and inform the Government and such other

I .

_?_ ___

_w_


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806 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 8, 2007

regulating bodies which arc connected with (he courses taken up by the

university about the grade provided by NAAC to the university. I lie

university shall get renewed such accreditation at an interval of even

live years thereafter.

' ) rjf. .* ’ -b n u !?' , ; n c                         - n fh > id v •••:/ ib d i t .-Ik

**University** 41. Notwithstanding anything contained in this Act, the university shall
**to follow**

be bound to comply all the rifles, regulations, norms, etc. of the

**rules,**
**regulations,** . <«.. ..
**norms, etc.** regulating bodies and provide all such facilities and assistance to such
**of the**

bodies as are required by them to discharge their duties and carry out

**regulating**
**bodies**

their functions.

**Annual** 42. (1)1 he annual report of the university shall be prepared by the Board

**Report**

of Management which shall include among other matters, the steps

taken by the university towards the fulfilment of its objects and

shall be approved by the Governing Body and copy of the same

_•_ _:_ _■_ _■_ _'r .i_ _■ ._ ,-n li L / ' . ■ / '

shall be submitted to the sponsoring body.

(2)Copies of the annual report prepared under sub-section (1) shall

' /b ;fb .gnihije.-'.jio-Hn Jrrsffnnovr D alrdti orlf oJ

also be presented to the Visitor and the Government

**Annual** 43. (1) fhe annual accounts including balance sheet of the university shall
**Accounts**
**and Audit** be prepared under the directions of the Board of Management and

the annual accounts shall be audited at least once in every year by

the auditors appointed by the university for this purpose.

(2) A copy of the annual accounts together with the audit report shall

be submitted to the Governing Body.

(3) A copy of the annual accounts and audit report alongwith the

observations of the Governing Body shall be submitted to the

sponsoring body.

(4) Copies of annual accounts and balance sheet prepared under

1 >i!oawai balictab udt <>ni)moqio>m
subsection (I) shall also be presented to the Visitor and the State

Government. The advice of the Government or the Visitor, if any,

                                             - ■ \ mao

arising out of the accounts and audit report of the university shall be

’’ o i - I : :■                                                                   - i im f f ic                                                                   - ..

placed before the Governing Body, fhe Governing Body shall issue

such directions, as it may deem 1* J l r . i J / 1) : I ; J I f J C i i ' / ’. I j J l 1M / I 1 and compliance shall be reported ' / i l f x j _LJ11_ _V ; 1,1_

to the Visitor or the Government, as the case may be.

**Powers of** 44. (1) For the purpose of ascertaining the standards of teaching,
**the State**
**Government** examination and research or any other matter relating to the
**to inspect**

university, the Government may, alter consultation with the Vice-

**the**
**university** Chancellor, cause an assessment to be made in such manner as may i

be prescribed, by such person or persons as it may deem Fit.


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(2) 1’hc Government shall communicate to the university its

recommendations in regard to the result ol such assessment for

corrective action. The university shall adopt such corrective

measures and make efforts so as to ensure the compliance of the

recommendations.
’                                  - ; ' Hit’ - ' ,1 -. ■ ‘[:] ' •

(3) If the university has failed to comply with the recommendation

made under sub-section (2) within a reasonable time, the State

Government may give, such directions as it may deem lit for such

compliance.

**Dissolution** 45. (1) The Sponsoring Body may dissolve the university by giving a

**of the**

notice to the effect in the prescribed manner to the Government

**university**
**by the** and the employees and the students of university at least one
**Sponsoring**
**Body** year in advance:

Provided that dissolution of the university shall have effect only

after the last batches of students of the regular courses have

completed their courses and they have been awarded degrees,

diplomas or awards, as the case may be.

(2) On the dissolution of the university all the assets and liabilities of

the university shall vest in the sponsoring body.

**Special** 46. (1) If it appears to the Government that (he university has contravened
**powers of the**
**State** any of the provisions of this Act or the rules. Statutes or Ordinances
**Government**
**in certain** made thereunder or has violated any of the directions issued by it
**circunista nccs**

under this Act or has ceased to carry out any of the undertakings

given under sub-section (1) of section 5 or a situation of financial

mismanagement or mal-administration has arisen in the university,

it shall issue notice requiring the university to show cause within

forty five days as to why an order of its liquidation should not be

made.

(2) If the Government, on receipt of reply of the university on the

notice issued under sub-section (1), is satisfied that there is a prima

facie case of contravening all or any of the provisions of this Act or

the Rules, Statutes or Ordinances made thereunder or of violating

directions issued by it under this Act or ofccasing to carry out the

undertaking given under subsection {1) of section 5 or of financial

mismanagement or mal-administration, it shall make an order of

such enquiry as it may consider necessary.

(3) t he State Government shall, for the purposes of any enquiry under

sub-section (2). appoint an inquiry officer or officers to inquire into

any of the allegations and to make report thereon.


-----

(4) The inquiry officer or officers appointed under sub -section (3) shall **Cent oil**

**Act No. 5**

have the same powers as arc vested in a civil court under the Code **of 1908**

of Civil Procedure, 1008 while trying a suit in respect of the

following matters, namely:-

(a) summoning and enforcing the attendance of any person and

examining him on oath;

(b) requiring the discovery and production of any such document or

any other material as may be predicablc in evidence;

(c) requisitioning any public record from any court or office; and

(d) any other matter which may be prescribed.

(5) The inquiry officer or officers inquiring under this Act shall be

deemed to be a civil court for the purposes of section 195 and **.'ctilciil**

**Act No. 2**

Chapter 26 of the Code of Criminal Procedure, 1973; **of 1974**

(6) On receipt of the enquiry report from the officer or officers

appointed under sub-section (3), if the State Government is satisfied

that the university has contravened all or any of the provisions of

tiiis Act or the rules, Statutes or Ordinances made thereunder or has

violated any of the directions issued by it under this Act or has

ceased to carry out the undertakings given by it under sub-section

(1) of section 5 or a situation of financial mismanagement and mal-

            - ‘ jd i bj Jj A girb lo ?.no?ziy<nq on) b

administration has arisen in the university which threatens the

academic standard of the university, it shall make orders for

liquidation of the university and appoint an administrator.

(7) The administrator appointed under sub-section (6) shall have all the

powers and be subjected to all the duties of the Governing Body

and the Board of Management under this Act and shall administer

the affairs of the university until the last batch of the students of the

regular courses have completed their courses and they have been

awarded degrees, diplomas or awards as the case may be.

(8) After having been awarded the degrees, diplomas or awards, as the

case may be, to the last batches of the students ol the regular

courses, the administrator shall make a report to the effect to the

State Governinenl.

(9) On receipt of the report under sub-section (8), the State Government

shall, by a notification in the Official Gazette, issue an order

dissolving the university and from the date of publication ol such

notification the university shall stand dissolved and all the assets

and liabilities of the university shall vest in the sponsoring body

from such date.


-----

THE ASSAM GAZETTE, EXTRAORDINARY. MAY 8, 2007 809.

I — — — — U.L.

l’owcr to 47. (1 > [lie State Government may. by notification in the Official Gazette,

**make rules**

make rules lor carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such

rules may provide lor all or any of the following matters, namely: -

(a) the manner of making proposal to establish a university and the

fees payable under stib-section (1) of section 4;

(b) other particulars to be contained in the Project Report under

subsection (2) of section 4;

(c) matter to be prescribed under clause (d) of sub-section (4) of

section 46;

(d) other matters which are required to be, or may be, prescribed by

rules under this Act.

(3) All the rules made under this Act shall be laid, as soon as may be

after they are so made, before lhe House of the State Legislature,

while it is in session, for a period of not less than fourteen days

which may be comprised in one session or in two successive / . .

sessions and if before the expiry of the session in which they are so

laid or of the session immediately following, lhe House of the State

Legislature makes any modification in any of such rules or resolves

that any such rules should not be made, such rules shall thereafter

have effect only in such modified form or be of no effect, as the

case may be, so however, that any such modification or annulment

shall be without prejudice to the validity of anything previously

done thereunder.

**Power** **to** 48. (1) If any difficulty arises in giving effect to the provisions of this Act,

**remove**

the State Government may, by order published in the Official

**difficulties**

Gazette, make provisions, not inconsistent with the provisions of

this Act, as appear to it to be necessary or expedient for removing

the difficulty.

(2) Every order made under this section shall, as soon as may be alter it

is made, shall be laid before the House of the State Legislature.

**The Act to** 49. The provisions of this Act and the rules, Statutes, Ordinances made

**have**

thereunder shall have effect notwithstanding anything to the contrary

**overriding**
**effect** contained in any other law, for the time being in force, made by the

State Legislature relating to universities.


-----

I til (4 <t;m jir+rntirj /oi > - \ -1’0 ) Ab v)

**Disputes** **to** 50

/JI disputes arising as a result of the provisions made in the Act

**be settled in**          -

**a court in** shall be settled by a court of law in the state of Assam.
**Assam**

**_SCHEDULE_**

(See Section 6 )

k ;A

D

**MOHD. A. HAQUE,**

Secretary to the Government of Assam,

Legislative Department, Dispur.

toi c l

301

io r

                                    - ni _-■_

_i_

_i_ _i'd_

_ft_

jfh <

                                       -                                       -

GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of Ptg. and Sty., Assam Guwahati-21

(Ex-Gazette) No. 261-500+600-8-5-2007.


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