The KRISHNA KANTA HANDIQUE STATE OPEN UNIVERSITY  ACT, 2005
**Registered No. 768/97**

### THE ASSAM GAZETTE

###### \5T:Jft ~t~ Cf

 EXTRAORDINARY
 m~ <P 1-s'~<1 ~ ~

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###### PUBLISHED BY THE AUTHORITY

~~ 332 ~~' ~, 29 CDC~, 2005, 7 ~, 1927 (~)

No. 332 Dispur. Thursday. 29th September, 2005, 7th Asvina, 1927 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH

**NOTIFICATION**

The 12th September, 2005

**No. LG L.20/2005/56.--The following Act of the ~ssam Legislative**

Assembly which received the assent of the Governor is hereby published for

general infom1ation.


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ASSAM ACT NO. XXXVII OF 2005

(Received the assent of the Governor on 7th September, 2005)

**THE** **KRISHNA** **KANTA HANDIQUE STATE OPEN UNIVERSITY**

**ACT, 2005**

###### AN

 ACT

to provide for the establishment and incorporation of an Open University

in the State of Assam for the introduction and promotion of Open University and

distance education systems in the educational pattern of the State.

Preamble Whereas it is expedient to provide for the establishment and

incorporntion of an Open University in the State of Assam for the

introduction and promotion of Open University and distance

education systems in the educational pattern of the State and for

matter connected therewith or incidental therdo.

It is hereby enacted in the Fifty-sixth Year of the Republic nflndia

as follows:

**CHAPTER 1**

**PRElJMINARY**

Short title, 1. (1) This Act may be called the Krishna Kanta Handique Srate
extent and

Open University Acr, 2005.

commence-
ment (2) It extends to the whole of Assam

(3) It shall come into forl:e on such date as the State

Government may. by notification in Official Gazette,

appoint.

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

(a) "Academic Council" means the Academic Council of the

University:


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THE ASSAM GAZETTE, RXTRAORDINARY SEPT. 29, 2005 2403

~- (b) "authorities" means the authorities constituted under

section 16 and the word "authority" wherever it occurs

shafl be construed accordingly;

(c) "Board of Management" means the Board of

Management of the University;

(d) ''College'' means a college or other academic institution

establishment or maintained or admitted to the privileges

ofthe University;

(e) "Distance ' Education System" means the system of

imparting education through any means of

communication such as. broadcasting, te recasting,

instruction media or print media, on-line seminars,

contact programme or the combination l)f any two or

more of such means;

(t) "employee" means any person appointed by the

University and includes academic and non-academic staff

###### of the (;niyersity;

~ g)                 - Finance Committee" means the Finance Committee of

the University;

(h) "Regional Centre" means a centre established or

maintained by the University for the .purpose of co-

ordinating and supervising the works o( Study Centres in

any region and for performing such other functions as

may be conferred on such c·entrcs by the Board of

Management;

(i) "Regulations" means the Regulations made by any

Authority of the University under this Act for lhe time

being in force;

(j) "Statutes and Ordinances" means the Statutes and


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2404 THE ASSAM GAZETTE. RXTRAORDTNARY, SEPT. 29, 2005

. _...l

Ordinances respectively of the University for the time

being in force:

(k) "Student" means a student of the University and includes

any person who enrolled himself for pursuing any course

of study of the University;

(l) "Study Centre" means a centre established, maintained or

recognizt:d for conducting the examination and

evaluation by the University and for th~ purpose of

advising. counselling or for rendering any other

assistance required by the students;

(m) "Teacher" means Professors. Readers, Lecturers and such

othe.r persons as may be designated as such by the

Ordinances for imparting instruction in the University or

for giving guidance or rendering assistance to students for

pursuing any course of study of the University;

(n) "University" means the Krishna Kanta Handiquc State

Open University established under section~;

( o) "Vice-Chancellor and Registrar" means the Vice-

Chancellor and the Registrar respectively of the

/

University.

**CHAPTER II**

**THE UNIVERSITY**

Establishment 3. (l) There shall be established a University by the name of the
and

Krishna Kanta Handique State Open University.

incorporation
of the (2) The head-quarter of the University shall be at Guwahati

University

and it may establish, maintain or recognize colleges.

Regional Centres and Study Centres at such places in the

state of Assam and may also open regional Centre and


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Study Centres outside Assam at such places as it may

deem fit;

(3) The first Vice-Chancellor. the fir st llegistrar and the first

members of the Board of Management, the Academic

Council and all persons who may hereafter become such

officers or members. 50 long as they continue to hold

such o ffice~ or m~nibership shall constitute a body

corporate by the name of the Krishna Kanta Handiquc

State Open University.

(4) The University shall have perpetual succession and a

common seal and shall sue and be sued by the said name.

(5) The University shall be competent to acquire and hold

property both movable and immovable and to lease, sell

or otherwise transfer any movahle or immovable property

which may have become vested in or been acquired by it

for the purposes of the University and to contract and to

do all otherthings necessary for the purpose of this Act.

(6) In all suits and other legal pro~eedings by or against the

University, the pleadings shall be signed and verified by

and all processes in such suit and proceedings shall be

issued to and be served on the Registrar.

The objects of 4. The objects of the University shall be to advance and
the University

disseminate learning and knowledge by a diversity of means

including the use of any cQlllmunication technology to

provide opportunities for higher education to a larger segment

of the population and to promote the educational well being of

the community generally, to encourage Open University and

distance education system in the educational pattern of the

State and to co-ordinate and determine standards in such


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###### 2406 THE ASSAM GAZETTE. RXTRAORDlNARY. SEPT. 29, 2005

system, and the Uni~ersity shall, in organizing its activiti~

have due regard to the objects specified in the Schedule.

Po:....·er of the S. (1) The University shall have the following powers, namely:-
University

(i) to provide for admission and for instruction in such

branches of knowledge including tedmology, vocations

and professions as the University may detennine from

time to time and to make prov~sion for research;

(ii) to plan and prescribe courses of study for degrees,

diplomas, certificates and for research or any other

purpose;

(iii) to hold examinations am! confer degre~s, diplomas,

certificates or other academic distinctions or

recognitions including Ph. D on persons who have

pursued a course of study or conducted research in the

manner laid down by the Statutes and Ordinances;

(iv) to confer honorary degrees or other distinctions in the

manner laid down by the Statutes;

(v) to determine the manner i11 which distance education in

relation to the academic programmes of the University

may be organized;

(vi) to institute professorships, readerships. lecturerships

and other acad~mic positions necessary for imparting

instructions or for preparing educational material or for

conducting other academic . activities, including

guidance. designing and delivery of course and

evaluation of the work done by the studt:nts and to

appoint persons to such professorships, readerships,

lecturerships and other academic positions;

(vii) to co-operate with and seek the co-operati0n of other


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THE ASSAM GAZETTE, RXTRAORDINARY. SEPT. 29 2005 2407

Universities and institutions of higher learning,

professional bodies and organizations for such purposes

as the Lniversity considers necessary ;

(viii) to institute and award fellowships, scholarships, pnzes

and such other awards for recognition of merit as the

Cniversity may deem fit;

(ix) to establish and maintain such Regional Centres as may

be determined by the University from time to timt;

(x) to establish, maintain and recognize Study Centres in

the manner laid down by the Sta1ute~

(xi) to provide for the preparation of instrut:tional materials

using multimedia educational kits and other softwares;

(xii) to organize and conduct re.fresher course workshops,

seminars and other programmes for teachers, lesson-

writers, evaluations and other academic staff:

(xiii) to recognize examinations of or periods of study,

whether in full or part, at other Universities. institutions

or other places of higher learning as equivalent to

examinations or periods of study in the University and

to withdraw such recognition at any time;

(xiv) to make provision for research and devebpment in

educational technology and related matters;

(xv) to create with the prior approval of the State

Government, administrative, ministerial and other

necessary posts and to make appointments thereto;

(xvi) to receive bencfa.ctiuns, donations and gifts and acquire.

hold, maintain and dispose of any property, movable or

immovable including trust and Clovernment property for

the purposes of the University;


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(xvii) to borrow, with :he approval of the State Governme~,

whether on the security of the property of the University

or otherwise, mon ey for th e purposes of the University;

(xviii) to enter into, carry out, vary or caned contracts;

(xix) to demand and receive such foes and other c harges as

may be laid down by the Ordinances;

(xx) to provide control and maintain discipline among the

students and all categorie~ of employees and to lay

down the conditions of services of such employees

including their codes of conduct;

(xxi) to recognize any institution of higher learning or studies

                      - for such purposes as the University may determine and

to withdraw such recognition;

(xxii) to appoint either on contract or otherwise, Visiting

Pro fessors, Emeritus Professors, Consultants, Fellows,

Scholars, Artists, Course writers and such other persons

who mav contribute to the advancement of the objects

of the University;

(xxiii) to recognize persons working 111 other Universities,

institutions or organizat[ons as teachers of the

University on such terms and conditions as may be laid

down by the Ordinances:

(xxiv) to determine standards and to specify conditioru; of the

admission of students to courses of study of the

University which may include examirnition, evaluation

and any other method of testing;

(xxv) to make arrangements for the promotion of the general

health and welfare of the employees:

(xxvi) to confer autonomous status on a college or a Regional


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Centre in the manner laid down by the Statutes;

(xxvii) to admit to its privileges any College in Assam subject

. to such condition as may be laid down by the Statutes;

(xxviii) to do. all such acts as may be necessary or incidental to

the exercise of all or any of the powers of the University

as are necessary and conducive to the promotion of all

or any of the objects of the University.

(2) Notwithstanding anything contained in any other law for the

time being in force but without prejudice to the provisions

of sub-section (l), it shall be the duty of the University t~

take all such steps as it may benefit for the promotion of

Open University and distance education system and for the

determination of standards of teaching, evaluation and

research in su{;h system and for the purpose of performing

this function the University shall have such powers,

including the power to allocate and disburse grants tu

Colleges, whether admitted to its privileges or not or to any

other University or institution of learning as may be

specified by the Statutes.

University 6. (1) The University shall be open to persons of either sex and

open to all

of v. hatever race, creed, caste or c Jass, and it shall not

classes, castes
and creeds. be lawful for the University to adopt or impose on any

person any test whatsoever of religious belief or

profession in order to entitle him to be appointed as a

teacher of the University or to hold any other office

therern or admitted as a student in the University or to

graduate there at or to enjoy or exercise an)' privilege

thereof.

(2) Nothing in sub-section ( l) shall be deemed to prevent the


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2410 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005<J

llniversity from making any special provision for Jl'te

appointment or admission of women or of person

'
belonging to the weaker sections of the !>ociety and in

particular of persons belonging to the Scheduled Castes

or Scheduled Tribes.

###### CHAPTER Ill

 OFFICERS OF THE UNIVERSITY

The officers 7. The following shall be the officers of the University: -
of the

(!) The Chancellor;

University

(2) The Pro Vice-Chancellor;

(3) The Vice-Chancellor;

(4) The Registrar;

(5) The Dean (Academic);

(6) The Dean (Administration);

(7) The Dean (Study Centres);

(8) The Finance Officer;

(9) The Director, Multimedia course material Centre;

( 10) The Director (Computer);

(I J) Such oth~r officers as may be declared by the Statutes to

be the Offi~ers of the University.

The 8. (1) The Governor of Assam shall be the Chancellor of the
Chancellor

University.

(2) Subject to the provisions of'"sub-sections (3) and ( 4), the

Chancellor shall have the right to cause an inspection to

be made by such person or persons as he may direct, of

the University, its buildings, laboratories and equipments,

and of any college, Regional Centre, a Study Centre and


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~ also of the ex.am ination. instruction and other work

conducted or done by the Lniversity and to caust;! an

inquiry to be made in like manner in respect of any matter

connected with the administration and finance of the

University.

(3) fhe Chancellor shall, m every case, give notice to the

University of his intention to cause an inspection or

inquiry to be made and the University shall, on receipt of

such notice have .the right to make, within thirty days

"
from .the date of receipt of the notice or .'such other period

_as_ the Chancellor may determine, representations to him,

as it may consider necessary.

(4) After considering the representat ions, if .any, made by the

University, _the Chancellor may cause to be made such

inspection or inquiry as is referred to in sub-section (2).

(5) Where an inspection or inquiry has been caused to be .

made by the Chancellor, the University shall be entitled to

appoint a representative who shall have the.right to appear

in person and to be heard on such inspection or inquiry.

(6) The Chancellor may address the Vice-Chancdlor with

reference to the results of inspection or inquiry together

with such views and advice with regard to the action to he

taken thereon as the Chancellor may be pleased to offer

anc! en rei::eipt of tl'le addres.'> made by the Chancellor, the

Vice-Chancellor shall communicate forthwith to the

., ..

Board of Management results of the inspection or inquiry

and the views of the Chancellor and the advice rendered

by him upon the action to be taken thereon.

(7) The Board of Management shall communicate through the


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2412 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005

Vice-Chancellor to the Chancellor such action, if any, ~

it proposes to take or has been taken by it upon results of

such inspection or inqui ry .

(8) Where the Board of Management does not, within a

reasonable time, take action to the satisfaction of the

Chancellor, the Chancellor may, after· c.onsidering any

                  - xplanation furnished or representation made by the

Board of Management, issue such directions as he may

think fit and the Board of Management shall be bound to

comply with such directions.

(9) Without prejudice to the foregoing prov1S1ons of this

section the Chancellor may. by an order in writing, annul

any proceedings of the University which is not in

conformity with this Act, the Statutes or the Ordinances: '

Provided that before making any such order, he

shall call upon the University to show cause as to why

such an order should not be made and if any cause is

shown within a reasonable time he shall consider the

same .

(I 0) The Chancellor shall have such other powers as may be

specified by the Statutes.

Pro-Vicc- 9. ( l) The Pro-Vice Chancellor shall be appointed by the
Chancellor

Chancellor in such manner, for such term and on such

conditions of service as may be prt:scribed by the Statutes.

(2) The Pro-Vice Chancellor. shall have such powers and

functions as may he spt:cified by the Statutes.

The Vice- I 0. (1) Tht: Vice-Chancellor shall be appointed by the Chan.cellur
Chanccllor in such manner, for such term and on such emoluments and

other conditions of service as may be prescribed by the
Statutes.


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

e~ecutive officer. of the University and shall exercise

supervision and control over the affairs of the University

and give effect-to the decisions of alt the authorities of the

University.

(3) The Vice-Chancellor may, if he is of the opinion that

immediate action is necessary on any matter, exercise any

power conferred on any authority of the University by or

under this Act and shall report to such authority the action

taken by him on such matter:

Provided that if the authorit)[1 ] concerned is of the

opinion that such action ought not to have been taken it

may refer the matter to the Chancellor whose decision

thereon shall be final:

Provided further that any person in the service of the

University who -is aggrieved by the action taken by the

Vice-Chancellor under this sub-section shall have the right

to appeal against such action to the Board of Management

within ninety days from the date on which such action is

communicated to him and there upon the Soard of

Management may confirm, modify or reverse the action

taken by the Vice-Chancellor.

( 4) The Vice-Chancellor, if he is of the opm1on that any

decision of any authority is beyond the powers of the

authority conferred by the p.rovisions of this Act, Statutes

or Ordinances or that any d~cision taken is not in the

interest of the University, may ask the authority concerned

to review its decision within sixty days of such decision

and if the authority refuses to review its decision either in

###### •


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whok or in part or no decision is taken by it within th,,\

said period of sixty days, the matter shall be reforred to the

Chancellor whose' decision thereon shall be final :

Provided that the decision of the authority concer11ed

shall remain suspended during the period of review of

such decision by the authority or the Chancellor, as the

case may be, under this sub-section.

(5) The Vice-Chancellor shall exercise such other powers and                -

perform such other functions as may be prescribed by the

Statutes and the Ordinances.

The Registrar l 1. The Registrar shall ~ appointed rn such manner, on such

emoluments and other conditions of service, and shall exercise

such powers and perfonn such functions, as may be prescribed

by the Statutes.

The Dean I 2. Every Dean shat! be appointed in such manner, on such

emoluments and other conditions of services and shall exercise

such powers and perfonn such functions as may be prescribed

by the Starntes.

The .Finance I 3. The Finance Officer shall be appointed in such manner, on such

Officer

emoluments and other conditions of service and shall exercise

such power and perform such functions as may be prescribed

by the Statutes.

The Director 14. Every Director sha ll be appointed in such manner, on such

emolument< ::rnd Pther conditions of <c~rvicc ~ ariri sh<Jll exercise

such powers and perform such functions as ~ay be prescribed

by the Statutes.

Other 15. The manner of appointment emoluments, other c<.:nditions of
Officers

service ru1d powers and duties of the other officers of the

University shall be such as may be prescribed by the Statutes.


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###### CHAPTER IV

 AUTHORITY OF 'fHE UNIVERSITY

Authorities of 16. The following shall be the authorities of the University.

the University namely : -

(1) The Board of Management;

(2) The Academic Council;

(3) The Finance Corrunittee .and

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

to be the authorities of the University.

The Board of 17. (I) The Board of Management shall be the principal executive
Management
body of the University consisth1g of the following

members, namely:                   -

( I) The Vice-Chancel !or;

(2) The Registrar;

(3) The Commissioner and Secretary to the Gov::mment of

Assam, Higher Education Department;

( 4) The Commissioner and Secretary to the Govt. of Assam,

finance Department;

(5) A Vice-Chancellor of the Universities in the State of

Assam, nominated by the Vice-Chancellor by rotation for

such a period as may be specified by the Statutes;

(6) The Dean (Academic);

                  - (7) The Dean (Administration);

(8) The Dean (Study Centres);

(9) Five distinguished persons from the educational, scientific

and administrative fields to be nominated by the

Chancellor:

Provided that from amongst the nominated persons


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under this clause one shall be a person belonging t)l\

Scheduled Castes or Scheduled Tribes and one shall be

'

woman;

(10) Two members of the Assam Legislative Assembly

###### elected from among themselves.

(2) The Board of Management shall have the powers -

(i) to manage and administer the properties and revenues of

the University;

(ti) to conduct all administrative affairs and shall exercise -

(a) such other powers of the University as may be

necessary; incidental or conducive to the fulfillment

of the objectives of the University and

(b) such other powers as may be prescribed by the

Statutes.

The. 18. (1) The Academic Council shall consist of the following
Academic

. members, namely :-

Council

(i) The Vice- Chancellor;

(ii) The Registrar;

(iii) The Dean (Academic):

(iv) The Dean (Administration);

(v) The Dean (Stlldy Centres);

(vi) Other Dean (if any); and

(vii) Such other officers of the University as the University

and the Academic Council may consider necessary to

co-opt as members.

(2) The Academic Council shall be the principal academic body

of the Univers_ity and shall, suhject to the provisions of this

Act, the Statutes and Ordinances, have the control and

general regulation of and be responsible for the maintenance


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of standards of l((arning, education, instruction, evaluation

and examination within the University and shall exercise

such other· powers and perform such other functions as may

be conferred or imposed upon it by the Statutes.

The Finance l 9. (1) The Board of Management shall constitute a Finance
Committee

Committee consisting of not more than six members as

follows:

(i) The Vice-Chaocellor, Ex-Officio Chairman;

(ii) The Commissioner and Secretal)'. to the Govt. of

Assam. Finance Department or his nominee;

(iii)The Commissioner and Secretary to the Govt. of

Assam, Education (Higher) Department or his

nominee;

(iv) Two members nominated from amongst the members

of the Board of Management, by the Board of

Management:

(v) The Registrar;

(vi) The Finance Officer, Ex-Officio Member Secretary;

(2) The powers and functions of the Finance Committee shall

be as follows:-

(i) scrutinize the annual budget estimates and make its

recommendations to the Board of Management;

(ii) conduct general examination of the accounts of the

Unive:sity a!':rl ctP~" ider the aU<fit reports and make its

recommendations thereon:

(iii)examlce ail proposals of the University involving

                      - .xpcnditure fer which n8 provisicr: h<!s been made in

:.he budg,;t or involving cxpcndi~ure ir: excess of the

amount provided for in the budget: :1!1u

              -


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###### 2418 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005

(iv) such other functions as may be prescribed by ).he

Statutes.

Other 20. The constitution, powers and functions of the other authorities.
authorities

which may be declared by the Statutes to be authorities of the

University shall be such as may be prescribed by the Statutes.

**CHAPTER V**

**STATUTES, ORDINANCES AND REGULATIONS**

Statutes . 21. Subject to the provisions of this Act, the Statutes may provide

for all or any of the following matters, namely: -

(a) the manner of appointment of the Vice-ChanLcllor or the

term of his appointment, the emoluments and other

conditions of his service and the po\vers and functions

that m:ty be exercised and performed by him;

(h) the manner of appointment of Registrar, the Finance

Officer and other officers. the cmo luments and the

conditions                    - f their service and the powers and functions

that may be exercised and performed by each of such

offaers:

(c) the terms of office of the members of ~he authoriri.:~.

their daily :md traveling allowances and the powers and

function<; that may be exercised and performed by 5u1:h

authorities:

(d) the appointment of tc?.dit:rs <md other employees of the

Unin:r:;ity, their emoluments <lnd their conditions ef

(e) the wnstitnlion of a pension or provident fund and the

c:stc.b!ishmcnt of an insurance scheme for the benefit of

the cmp!•)jl:'.t:S of the University;


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(f) the principles covering the seniority of service of

employees of the University;

(g) the procedure in relation to any appeal or application for

review by any employee or student of the University

against the action of any officer or authority of the

Univdsity including the time within which such appeal

or application for review shall be preferred or made:

(h) the procedure for the settlement of disputes bef\.veen the

employees or students of the University and the

University;

(i) the confennent of autonomous status on Colleges and .i

Study Centre:

U) the allocation and disbursement of grants to colleges and

institutions;

(k) the conditions that are required to be fulfilled for

admission of the Colleges to the privileges of the

University;

(I) all other matters which by this Act are to_ be, or may he

provided for by the Statutes.

Statutes how 22. (l) The first Statutes shall be framed by the State Government
made

by notification in the Official Gazette.

(2) The Board of Management may. from time to time,

make new or additional Statutes or may amend or repeal

the Statutes referred to in sub-section (I),

Provided that the Board of Management shall not

make, amend or repeal any Statutes affeL:ting the status,

powers or constitution of any authority of the Oniyersity

until such authority has been givi::n a reasonable

opportunity to express its opinion in writing on the

# ----- -


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###### r------------ --- --------'------ - - -- -

proposed changes and any opinion so expressed has -~en

considered by th~ Board of Management.

(3) Every new Stah1tes or addition to the Statutes or any

amendment or repeal lhereof shall require the 2pproval

of the Chancellor, who may assent thereto or withhold

assent or remit to the Board of Management for

reconsideration in the light of the observation, if any

made by him.

( 4) A new Statute or a Statute amending or repealing an

existing Statute shall not be valid unless it has been

assented t.o by the Chancel1or.

(5 ) Notwithstanding anything contained in the foregoing

sub-section, the Chancellor may make new or additional

Statutes or amend or repeal the Statutes ref erred to in

sub-section ( 1) during the period of three years

immediately after the commencement of this Act.

(6) Notwithstanding anything contained                     - ir. the foregoing

sub-section, the Chancellor may direct the University to

make provisions in the Statutes in respect of any matter

specified by him and if the Board of Management is

unable to implement such a direction within sixty days

_I_

of its receipt, the Chancellor may, after considering the

reasons, if any, communicated . by the Board of

Management for its inability to comply with such

                   - direction, make or amend the Statutes suitably

Ordinances 23 . (1) Subject to the provisions of this Act and the Statutes, the

Ordinances may provide for al_! or any of the following

matters, namely. -

(a) the admission of students, the course of study and the

###### r------------ --- --------'------ - - -- --


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fees to be charged therefore, the qualifications pertaining

to degrees, diplomas. certificates and other courses, the

conditions for the grants of fellowship. awards and the

like;

(b) the conduct .of examination, including the terms and

conditions and appointments of examiners;

(c) the management of Col!eg~s admitted to the privileges of

the University; and

(d) any other marter which by this Act or the Statutes is to

be, or may be, provided for by the Ordinances.

(2) The first Ordinances shall be made by the Chancellor with the_

previous approval of the State Government and the

Ordinances so made may be amended, repealed or added to

at any time by the Board of Management in the manner

prescribed by the Statutes.

Regulations 24. The au~horities of the University may make regulations

consistent with this Act, the Statut~s and the Ordinances for

the conduct of their own business and that of the Committee,

###### if any, appoinred by them and not provided for by this Act,

the Statutes or the Ordinance': in the manner prescribed by

the Statutes.

###### CHAPTER VI

 FINANCE AND ACCOUNTS

General fund 25 . The University shall have a general fund to which shall be

credited -

(a) its income including the fees and endowments;

(b) contributions or grants; if any, which may be made by

the State Government on such conditions as it may


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impose; and

(c) other contributions or grants or loans raised.

Restriction of 26. Notwithstanding anything contained in any other prov;sions
creation of

of this Act, the University shall not create any new or

new liability
and diversion additional liability which involves contribution or grants
###### of

from the State Government effecting the State Exchequer· or

Goxemment
grant shall not divert and invest any portion of any grant given·to

it by the State Government in any form for any other

purposes other than the purposes for which the grant was

given, without the prior approval of the State Government.

Annual report 27. (I) The annual report of the: University shall be prepared

under the directions of the Board of Management which

shall include among other matters, the steps taken by

the University towards the fulfillment of its objects.

(2) The annual report so prepared shall be submitted to the

Chancellor on or before s.uch date as may be prescribed

by the Statutes.

(3) A copy of the annual report, so prepared under sub-

section (1) shall also be submitt('.d to the State:

G~vernment which shall. as soon as may be, cause the

same to be laid before the Assam Legislative Assembly.

Annual 28 . ( l) The annual accounts and the balanoe sheets of the
accounts, etc.

University shall be prepared under the directions of the

Board of Management and shall, .once at least every

year, and at intervals of not more than fiftef"n moths, be

audited by the Director of Local funds and Accounts or

such person as the State Government may authorize in

this behalf .

. (2) A copy of rhe accounts together with the audit repqrt


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THE ASSAM GAZETTE, RXTRAORDINARY SEPT. 29, 2005 2423

:spall be sub:initt~~ _t9_ th~ Chqncellpr alof')g witfl th~

observations, if 1tO)', of the Bo:irq of Management;

_(3)_ t\ny observatiqn made by the Chancellor on the annual

~cpunts s~all b~ brpµghl to the notice of tp11 ao~rd Qf

Mi:lntlgl:!lWPl imct q1e views of the Boa:i:f of

Man&gemem, if any, on su.ch observatio1111 !i~alf pe

submitted tn t~e Chancellor;

( 4) A copy of the ~ccbmtt') together with the au~i~ report, as

submitted to th~ C~llflc~llor, sha!l also be submitted to

the State Goyernmi::rit. which shail ~s soon as may be,

l:ause the same to be laid before t~e A~sam Le gjs!~tive

Ass(}mbl)' at !tr> nell'.r session;

{5) The 1tµ~!te ,d !ln1rnal aq;ounts after h1wipg been laid

                                                                                                                         -

###### before the Srate ·Legislative .;.. ss~[llbly sht;!i be

_t ;"_ r;-

                                                                                                                                                                                                                              - .

CtV~fT~fi. VJJ

###### CO.'.'lf.;rpoNs OF s~~~VfJ=f: Of E~PLt)\'fES

Coi:ditions of _29._ (1) Ev~ry ernple:yee of U11iv~rsity shall bo appqinte.d un~i;!r a
5ervice of

written c()ntract and such contract sh"lll not be

employees

inconsi~ter t w irh the provjsions of this Act, the S~tutes

and thi: OrJ~ances.

(2) The cqntract r-efe.rrcd to hi ~ul>-st:ction ( 1) spa!J be

..

lodged with t~e University and a copy of which shall Pc

###### furn!sned t;o fl1~ employ~~~ co1wcrned.

Arbi1r~ti,:in by . ~(L { l) ..\ny fiispu ;e ~ arisinK . o~t of ~ r;,pnintct . .. '· .of employment

Tri~unal

~r,lploye~ ' sh»I!.                       - tpe . req~est -                       - of . ~j~her . . pff1Y, ' be r~ferr1d '

to , an Arb\tral Tribunal whic~ shllll consist pf onv


-----

.member nominated by Board of Management, one -{

member nominated by the employees concerned and an

umpire to be nominated by the Chancellor.

(2) Every such reference shall be deemed to be a submission

to arbitration upon the terms of this section within the

meaning of the Arbitration and Conciliation. 1996 and all

the provis ions of that Act, with rhe exception of section 2 _Central_

thereof, shall apply accordingly. _Act 26 of_
_1996_

(3) The procedure for regulating the work of the Arbitral

Tribunal shal ! be prescribed by the Statutes.

(4) The decision of the Arbitral Tribunal shall be final and

binding on the parties and no suit shall lie in any court in

respect of the matters decided by the Tribunal.

Provident and 31. (I) The Universily shall constitute for the benefit of the      -
pension funds

employees such provident and pension funds or provide

such Insurance Schemes, as it may deem · fit. in such

manner and subject to such conditions as may he

prescribed by the Statutes.

(2)Wherc such provident and pension funds has been so

constituted, the State Government may declare that the

provisions of the Provident Funds Act, 1925 shall apply _Central_

_Act_ _19 of_
to such funds, as if it were a Government Provident fund. _1_
_925_

Disputes as to 32. lf any question arises as to whether any person has been
the

duly elected or appointed as, or is entitled to b~ a member

constitution of
University of any authority or other body of the University, the matter
authorities and

shall be referred to the Chancellor whose decision thereon

bodies

shat! be final.

Filling of 33 . All the casual vacancies among the members other than ex-
casual

officio members of any authority or other body of the

vacancies

###### •


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###### THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2425

University shall be filled , a<; soon as may be convenient, by

the person or body who appoints, elects or co-opts the

members whose place has become vacant and any person

appointed, elected or co-opted to a casual vacancy shall be

a member of such authority or body for the remaining of

the term for which the person whose place he fills would

                  - ave continued a.s a member.

Proceedings of 34. No act or proceedings of any authoriry or any body of the
the Universify,

University shall be invalidated merely by reason of the

authorities or
bodies not existence of any vacancy or vacam:ies among its members.
invalidated by
vacancies
Protection of 35. No suit or other proceedings shall lie against any officer or
action taken in

employees of the University for any thing which is in good

good faith

faith done or intended to be done in pursuance of any of the

.:

provisions of this Act or the Statutes or the Ordinances.

Transitory 36. Notwithstanding anything contained in any other provisions

provision

of this Act and the Statutes, the first Vice-Chancellor, the

first Registrar and the First Finance Officer shall be

appointed by the State Government for a period not

exceeding three years on such terms and conditions as the

State Go\.crnment may think fit :

Provided that for appointment as first Vice-

Chanvellor and first Registrar and first Finance Officer the

person shall hold such quaiifiu:1t11.ms and experii;r11 .. e as are

required for appointment in the similar posts in other

Universities of the Stale :

Provided further that the first Vice-Chancellor shall

retire from his office if during the term of h1s office he

completes the age of sixty-five years and first Registrar and


-----

###### 2426 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005

the first Finance Officer shall retire from their respectJ~

office if during th~ term of their office they complete the

age of fl fly-eight years.

Transitory 37.(1) Tt sha ll be duty of the first Vice-Chancellor to make
powers of the

arrangement<> for constituting the Board' of Management,

first Vice-
Chancellor, the Academic Council and such other authorities of the
first Registrar

U n1versity within six months of corning in to force. of this

and first
Finimce Act or such longer period not exceeding one year as the
Officer

Government may by notification direct.

(2) The first Vice-Chancellor shall, in consultation with the

State Government, make such rules a& may be necessary

for the functioning of the lJniversity.

(3 )The authorities constituted under s'ub-section (I) sha 11

commence to exercise their functions on such date as the

Government may by notification, specify in this behalf.

( 4) It shall be the duty of the tirst Vice-Chancellor to draft

such Statutes as may be necessary for the purposes

under sub-section (3) of section 22 and submit them to

the Board of Management for their approval. Such

J. Statutes when framed shall be published in the Offic.ial

Gazette.

(5) Notwithstanding anything contained in this Act and the

Statutes and until such time an authority is duly

constituted, the first Vice-Chancellor may appoint any

officer or constitute any committee temporarily to

exercise and perform any of the powers and duties of

such authority under this Act and the Statues.

(6) The first Registrar and the first finance Officer and

other officers and staff shall function as per orders or


-----

instructions issued by the first Vice-Chancellor from

time to time in accordance with rules framed under sub-

section (2), Statutes and Ordinances.

Power to 3 & ( 1) If any difficulty arist:s as to the first constitution or
remove

reconstitution of any authorify of the University after the

difficulties

date of coming into force of this Act or otherwise on

giving effect to the provisions of this Act, the State

Government may, by notification in the Official Gazette,

make such provision, not inconsistent with the provisions

of this Act as may appear to it be necessary -or expedient

for removing such difficulty:

. Provided that no such notification shall be issued

after the expiry of five years from the datt: of

establishment of the University under section (3) .

(2) Every notification issued under sub-section (I) or under

any otller provisions of this Act shall be laid, as soon as

may be after it is issued, before the Assam Legislative

Assembly while it is in session for a total period of

fourteen days which may be comprised in one session or

in two or more successive sessions, and if before the

expiry of the said period, the State Legislative Assembly

makes any modification in any notification or directs that

any notification shall not have effect, and such

notification 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 annulm~nt shall be

without prejudice to the validity of anything previously

done under that notification.


-----

Statutes, 39 ( 1) Every Statutes, Ordinances or Regulations made under~

_p_

Ordinances

Act shall be published in the Official Gazette.

and .,
Regulations to (2) Every Statutes, Ordinances or Regulations made under
be published

this Act shall be laid, as soon as may be after it is made,

in the Official
Gazette and to before the Assam Legislative Assembly while it is in
be laid before

session, for a total period of fourteen days which maybe

the Assam

Legislat~ve comprised in one session or in two or more successive
Assembly.

. sessions, and if, before the expiry of the sessions

immediately following the Assam Legislative Assembly

agree in making any modification in the Statutes,

Ordinances or Regulations or the Assam Legislative·

Assembly agree that the Statutes, Ordinances or

Regulations should not be made, the Statutes, Ordinances

or Regulations shall thereafter have effect only in such

modified form or be of no effect, as the case may be, so ~

however, that such modification or annulment shall be

without prejudice to the validity of anything previously

done under that Statutes, Ordinances or Regulations.

###### THE SCHEDULE

 (SEE SECTION 4)

The objects of the University

(I) The University shall endeavour through education, research, training

and extension to play a positive role in the development of the country

and based on the rich heritage of the co~ntry, to promote and advance .

the culture of the people of Assam and its human resources. Towards

this end it shall -

(a) strengthen and diversify the degree. ce11ificate and diploma courses

related to the needs of employment and necessary for build{ng the


-----

economy of the country on the basis of it~ natural and human

resources;

(b) provide access to higher education for large segments of the

population, and in particular the disadvantaged groups such as those

living in remote and rural areas including working people,

housewives and other adults who wish to upgrade or acquire

knowledge through studies in various fields;

(c) promote acquisition of knowledge in a rapidly developing and

changing society and to continually offer opportunities for

upgrading knowledge, training and skills in the context of

innovations, research and discovery in all fields of human

endeavour;

(d) provide an innovative system of university level education, flexible

and open, in regard to methods and place of learning, combination

of courses, eligibility for enrolment, age of entry, conduct of

examination and operation of the programmes with a view to

promote lt:arning and encourage excellence in new fields of

knowledge;

###### ( e) contribute to the improvement of the educational system in the State

by providing a non-formal channel complementary in the formal

system and encouraging transfer of credits and exchange of teaching

staff by making wide use of texts and other software development

by the University;

(f) provide education and training in the various arts, crafts and skills

of the country, raising their quality and. improving the availability to

the people;

(g) provide or arrange training of teachers required for such activities or

inst [tutions;


-----

(h) provide suitable post-graduate courses of study and prom6t                         - ·

research;

(i) provide the counselling and guidance to its students and

0) promote national integration and the integrated development of the

human personality through its policies and programmes.

(2) The University shall strive to fulfill the above objects by a diversity of

means of distance and continuing education and shall function in

operation with the existing universities and in~titutions of higher

learning and make full use of the latest scientific knowledge and new

educational technology to offer a high quality of education, which

matches contemporary needs.

M. K. DEKA,
Commissioner & Secy. to the Govt. of Assam,
Legislative Department, Dispur.

GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty.,

Assam, Guwahati-21, (Ex-Gazette) No. 665-500-600-29-9-2005.


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