The Jyoti Bishnu University of Art and Culture Act, 2011
Registered No.-768/97

# THE ASSAM GAZETTE

#### EXTRAORDINARY

## WT

##### PUBLISHED BY THE AUTHORITY

H? 153 25 CT, 2011, 4 CT&, 1933 (“Rs)

No. 153 Dispur, Wednesday, 25th May, 2011, 4th Jyaistha, 1933 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH

**NOTIFICATION**

The 24 th May, 2011

**No. LGL.15/2011/36:** The following Act of the Assam Legislative Assembly which received

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

**ASSAM ACT NO. X OF 2011**

(Received the assent of the Governor on 16th March, 2011)

**THE JYOTI BISHNU UNIVERSITY OF ART AND CULTURE ACT, 2011**


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1316 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 25. 2011 _________ _

_AN_ _&_

**ACT**

to establish and constitute a teaching and affiliating Cultural University in the
State of Assam.

Preamble Whereas it is expedient to establish and constitute a teaching and

affiliating Cultural University in the State of Assam;

It is hereby enacted in the Sixty-second Year of the Republic of India as

follows

Short title, 1. (1) This Act may be called the Jyoti Bishnu University of Art and Culture Act,

K[ extent and ] 2011.

commencement (2) It extends to the whole of Assam.

(3) It shall come into force on such date as the State Government

may, by notification in the Official Gazette, appoint

CHAPTER-I

_PRELIMINARY_

_Definitions_ _2._ In this Act, unless the context otherwise requires,-

[a] “Academic Council" means the Academic Council of the University;

1

(b) "Affiliated institution” means a College or an Institution
affiliated to the University and includes a college or an
institution deemed to be an affiliated college or institution
under this Act;

(cj “Board" means the Board of Management of the University;

(d) "Board of Studies" means the Board of studies of the

University;

(e) "Chancellor" means the Chancellor of the University;

(f) "College" means an Institution admitted to the University in
accordance with the provisions of this Act and the Statutes
and includes a College managed by the University;

(g) "Constituent College" means a College established,

managed, maintained and controlled by the University and
includes a College or an institution deemed to be a
constituent college of the University;

(h) "employee" means eveiy person in the whole-time

employment of the University;

(i) "faculty" means a faculty of the University;

0) "Government” means the Government of Assam;

(kj "Institute" means the Institute, College or centre attached
to the University as an affiliated Institute, or a constituent
Institute and the word “institution" shall be construed
accordingly;

(1) "other Universities” means the Universities established or
deemed to have been established under any other
enactments;


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1317
THE ASSAM GAZETTE. EXTRAORDINARY MAY25 _2011

(m) "performing arts" include music, dance and drama;

(n) “Prescribed" means prescribed by Statutes, Regulations

or rules;

(0) "section" means a section of this Act;

(P) "State” means the State of Assam;

(q) “Statutes", "Regulations" and "rules" means respectively

the “Statutes", "Regulations” and "rules” of the
University made under this Act;

(r) "Teacher" means a Professor, Reader, Lecturer or such other

person imparting instruction or conducting or supervising
research either in the constituent college or in the
departments of the University, or in an affiliated college as
the context may imply; and

### 0) "University" means the jyoti Bishnu University of

Art and Culture established under this Act.

#### CHAPTER-II

_THE UNIVERSITY_

_Incorporation_ _3_ (1) The Chancellor, the first Vice-Chancellor, Members of the

_of the University_ Board and the Academic Council and all persons, who may

hereafter become such Chancellor, Officers and Members so long
as they continue to hold such office or membership shall constitute
a body corporate, by the name of the Jyoti Bishnu University of Art
and Culture and such body corporate shall have perpetual
succession and a common seal and may sue and be sued by that
name.

(2) The headquarters of the University shall be located at Tezpur
in Sonitpur District of Assam.

(3) Subject to the provisions of this Act and the Statutes, the
University shall be competent to acquire and hold property both
movable and immovable, to lease, sell or otherwise transfer any
movable or immovable property, which may have become vested
in, or may have been acquired by it for the purposes of the
University and to contract and do all other things necessary for the
purpose of this Act.

_Objects_ _4._ The University shall have following objects:

(i) to promote education, research and training in various spheres
of culture including language, literature, visual arts, performing
arts;

(ii) to impart education and disseminate learning in architecture and
folklore for the advancement of knowledge and for the betterment
of society;


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1318 THE ASSAM GAZETTE. EXTRAORDINARY MAY 25. 2011 _----------------x

—

(iii) to generate and disseminate learning and promote creative
excellence in various spheres of culture, providing the

infrastructure for instruction, research and creativity and, in

particular, to take appropriate measures for promoting inter­
disciplinary, academic and creative pursuits in the University;

(iv) to promote ethnic studies like ethno archaeology and

ethnomusicology;

(v) to provide facilities and opportunities for graduate;post-graduate,
doctorate and post-doctorate education in various sphere of
culture including language, literature, visual arts, performing arts,
architecture and folklore by instruction, training, research,
development and extension and by such other means as the
University may deem fit;

(vi) to serve as a centre for fostering co-operation and exchange of
ideas among the academic and research communities;

(viij to organize exchange programmes with other and Universities
institutions of repute in India and abroad; and

(viii) to undertake such other activities as may be required to fulfill the

above objects.

General powers 5. The University shall in particular exercise and perform the following
and functions of powers and functions, namely
the University

(a) to provide for guidelines in creative arts and allied branches of

learning;

(b) to grant, subject to such conditions as the University may determine,

diplomas or certificates and confer degrees and other academic
distinctions on the basis of examination, evaluation or any other
method of assessment, on deserving persons;

(c) to confer honorary degrees or other distinctions on persons for their

creative excellence;

(dj to institute Fellowships, Awards, Medals and Scholarships;

[e] to recognize and institution of higher learning and research for such

purposes as the University may determine;

[Q to appoint persons working in any other University or organization as

Fellows and Visiting Professors of the University for specified periods;

[g] to collaborate or associate with other Universities or authorities or

institutions of higher learning;

[h] to establish and maintain Colleges, Academies, Institutes and Cultural

Complexes;

[i] to take up documentation, translation and publication and for that

purpose, enter into arrangements with other institutions or bodies;

0) to declare a College, Academy or Institute as Autonomous;

(k) to determine standards for admission into the colleges of the

University;


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THE ASSAM GAZETTE. EXTRAORDINARY. MAY 25, 2011 1319

(l) to make arrangements for promoting general welfare of the teachers,

employees and students;

(m) to regulate and enforce discipline among the employees and

students;

(n) to receive donations and to acquire, hold, manage and dispose of any

movable or immovable property;

(o) to make arrangements for promoting the health, general welfare and

moral well-being of students and take such measures as would foster
in them habits of hard work, self-discipline and spirit of service to
society;

(p) to fix the fees payable to the University and to demand and receive

such fees;

(q) to hold and manage endowments and bursaries and institutes and

award fellowships, scholarships, studentships, medals and prizes;

(r) to institute and provide funds wherever necessary for carrying out the

functions of the University;

(s) to co-operate with the other Universities or Institutions or Authorities

or Associations in such manner and for such purposes as the Board
may determine;

ft] to establish, maintain, manage, and confer recognition to hostels;

(u) to co-ordinate, supervise, regulate and control the teaching and

conduct of research work in the affiliated institutions to the extent
deemed necessary;

(vj to determine the powers and duties of the officers and other

employees of the University other than those provided in this Act;

(w) to provide for inspection of affiliated institutions and lay down

standards of instruction and research;

(x) to institute and establish professorships, readerships, lecturerships

and any other teaching and research posts required by the University
and to appoint persons to such professorships, readerships,
lecturerships and tether teaching and research posts; and

(y) to do all such acts and things as may be required in furtherance of the

objects of the University.

University opens to all 6. No person shall, on grounds only of religion, race, caste, sex descent,
classes and creeds residents, language political opinion or any other of these, be

ineligible for, or discriminate against in respect of any employment or
office under the University or Membership of any of the authorities or
bodies of the University or admission to any course of study or
research in the University:

Provided that the University may, in consultation with the

Government, reserve seats for the members of the Backward Class of
Citizens or Scheduled Castes or Scheduled Tribes, or women or any
other category of persons for the purpose of admission as students to
any of the constituent colleges or the institutions of the University or
affiliated colleges and institution.


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THE ASSAM GAZETTE. EXTRAORDINARY, MAY 25, 2011

#### CHAPTER-III

_THE CHANCELLOR AND OFFJCERS OF THE UNIVERSITY_

_The Chancellor_ _7._ (1) The Chief Minister of Assam shah, by virtue of his office,

be the Chancellor of the University.

(2) The Chancellor shah be the head of the University and shall,

when present, preside at the meeting of the convocation of the
University.

(3) The Chancellor shall exercise the powers of overall supervision

over the University and take requisite steps to develop it as a
centre of excellence in creativity, research and learning.

(4) The Chancellor may, either suo moto or on a reference made to

him by the Vice -Chancellor under the provision of sub-section
(8) of section 10 or by the State Government, by order in

writing, annul any proceedings of any of the authorities of the
University which is not in conformity with this Act, the
Statutes, the Regulations, the rules, or any other law for the
time being in force:

Provided that before making any such order, the

Chancellor shall call upon such authority to show cause why
any such order should not be made and consider the cause, if
any, shown by such authority within a period not exceeding
sixty days as may be fixed by the Chancellor.

(5) The Chancellor shall have the right to suspend or dismiss any

of the authorities of the University and to take measures for
the interim administration of the University:

Provided that before taking any such action Chancellor

shall give an opportunity to such authority to show cause why
such an action should not be taken.

(6) Every proposal, for the conferment of an honorary degree

shall be subject to confirmation of the Chancellor.

(7) An appeal shall lie to the Chancellor against any order of

dismissal passed by the Board or the Vice-Chancellor again’st

any employee in the service of the University.

(8) An appeal under sub-section (7) shall be filed within sixty days

from the date of service of the order of dismissal on the
employee concerned.

(9) The Chancellor shall have power to remove the Vice-

Chancellor from office by an order in writing on charges of
mismanagement of funds or misconduct or for any other good
and sufficient reasons:

Provided that orders removing the Vice-Chancellor under

this sub-section shali not be passed until such charges are
proved by an enquiry conducted by an officer not below the
rank of Secretary to the Government, appointed by the
Chancellor for the purpose:


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THE.ASSAM GAZETTE EXTRAORDINARY MAY 25_ 20.11 1321

Provided further that the Vice-Chancellor shall not be

removed under this sub-section unless he has been given a
reasonable opportunity of showing cause against the action
proposed to be taken against him.

_Officers of_ _8._ The following shall be the officers of the University, namely:-
_the University:_

(1) the Vice-Chancellor;

(ii) the Registrar;
(iii) the Finance and Accounts Officer;
(iv) the Controller of Examinations; and
(v) such other officers as may be declared by the Statutes to

be Officers of the University.

The Vice-Chancellor 9. [1] The Vice-Chancellor shall be appointed by the Chancellor on

the unanimous recommendations of a Committee

appointed by him consisting of three members, one
nominated by Universities Grants Commission, one elected
by the Board and the third nominated by the Government
and the Committee shall make its recommendations within
a period of three months from the date of its appointment:

Provided that no person shall be eligible to be a

member of the Committee if he is a member of any of the
authorities of the University or an employee of the
University or of a college or institution maintained or
recognized by or affiliated to the University:

Provided further that the first Vice-Chancellor shall be

appointed by the Chancellor on the recommendation of the
Government for a term not exceeding two years.

(2) In case the Committee appointed under sub-section (1) is

unable to recommend a name unanimously, the Vice-
Chancellor shall be appointed by the Chancellor from the
panel of three names submitted to him by the Committee
within the period specified in the preceding sub-section.

(3) If the Committee fails to make a unanimous

recommendation or submit a panel of names as aforesaid,
another committee shall be appointed by the Chancellor in
the same manner as provided in sub-section (1] to make
unanimous recommendation or submit a panel of three
names to the Chancellor, who shall appoint a Vice-
Chancellor accordingly.

(4) No person who has completed sixty-five years of age shall

be eligible to hold the office of the Vice-Chancellor.

(5) The Vice-Chancellor shall hold office for a term of three

years from the date on which he enters upon his office and
shall be eligible for reappointment for another term of two

years or till he attains the age of sixty-five, whichever is

earlier, without following the procedure specified in sub­
section (1).

(6) The remuneration payable to, and the other conditions of

service of the Vice-Chancellor shall be determined by the
Chancellor:

Provided that the emoluments and other conditions of


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1322. THE , jSAM_GAZETTE, EXTRAORDINARY, MAY25. 2011

_Powers and duties_ _10. (1) The Vice-Chancellor shall be the principal of Vice-_

_o f Vice-Chancellor._ Chancellor academic and executive officer of the University

and all other officers of the University shall be subject to
general supervision and control of the Vice-Chancellor.

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

the Academic Council, and shall be entitled to be present at
and to address any meeting of any authority of the
University, but shall not be entitled to vote, there at unless
he is a member of the authority concerned.

(3) It shall be the duty of the Vice-Chancellor to ensure that the

provisions of this Act, the Statutes, Regulations and rules
are observed and he shall have all the powers necessary for
this purpose.

(4) The Vice-Chancellor shall have the right of visiting and.

inspecting institutions maintained by or affiliated to the
University;

(5) If the Vice-Chancellor is of the opinion that any order or

decision which is required to be passed or made by any
authority of the University is necessary to be passed or
made immediately and it is not practicable to convene _a_
meeting of the said authority for that purpose he may pass
such order or take such decision as he deems proper and
place the matter before the said authority at its next
meeting within sixty days for ratification and where the
authority differs from the Vice-Chancellor, the matter shall
be referred to the Chancellor whose decision thereon shall
be final.

(6) Subject to the provisions of this Act and the Statutes, the

Vice-Chancellor shall have the power

(a) to make appointments to posts of non-teaching

employees' or to such posts as may be prescribed
and specify their duties;

(b) to suspend, dismiss or otherwise punish any non­

teaching employee of the University; and

(c) to take disciplinary action against students of the

University;

(7) The Vice-Chancellor shall have the power to convene meetings of

the Board or the Academic Council or any other authority of the
University.

(8) It shall be the duty of the Vice-Chancellor to ensure that the

proceedings of the University are carried on in accordance with

the provisions of this Act, the Statutes, the Regulations and the
rules made there under. If the Vice-Chancellor is of opinion that
any proceedings or order of an authority of the University is
violative of any of the provisions of this Act or the Statutes,
Regulations or rules made there under, he may, by an order in

writing, stay the operation of such proceedings or orders and send
a report and make a reference to the Chancellor for a final decision
in accordance with the provisions of sub-section (4) of section 7.


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the ASSAM GAZETTE EXTRAORDINARY MAT 25. 2011 1323

(9) The Vice-Chancellor shall exercise such other powers and perform
such other functions as may be prescribed by the Statutes and the
Regulations.

(10) In the event of absence of Vice-Chancellor from the headquarters

or during his inability to act due to reasons like illness, the
Chancellor may make such arrangement for performance of the
duties of the Vice-Chancellor as he may deem fit during such
absence.

(11) In the event of the occurrence of vacancy in the office of the Vice-

Chancellor, by reasons of death, resignation or otherwise, the

Chancellor may appoint any person to act as Vice-Chancellor until
regular appointment of Vice-Chancellor is made in accordance
with section 9:

Provided that the period of such interim arrangement shall

not exceed six months.

_The Registrar 11._ _(1) The Registrar shall be a whole time officer of the_

University and shall be appointed by the State
Government for such period and on such terms and
conditions as may be prescribed by the Statutes.

(2) The Registrar shall be responsible for, -

(a) the custody of the records and the common seal of the

University;

(b) maintaining a permanent record of the academic

performance of students of the University including the
courses taken, grades obtained degrees awarded, prizes
or other distinctions won and any other items pertaining
to the academic performance of the students;

(c) executing all contracts on behalf of the University; and

(d) acting as the Secretary of the authorities of the University.

(3) The Registrar shall exercise such other powers

and perform such other duties as are imposed on
him by the Statutes.

(4) Suits and other legal proceedings by or against

the University shall be instituted by or against the
Registrar.

_The Finance and_ 12. (1) The Board shall appoint a person selected from among a

_Accounts Officer._ panel containing the names of officers belonging to the
Assam Finance Service, Class-1 furnished by the

Government or from any other source as may be provided
in the Statutes, as the Finance and Accounts Officer of the
University for such periods and on such terms as may be

         - prescribed by the Statutes.


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1324 THE ASSAM GAZETTE, EXTRAORDINARY. MAY 25, 2011__________,

(2) The Finance and Accounts Officer shall,-

(a) act as the Treasurer of the University and be responsible

for the proper investment of the funds and management
of the assets of the University;

(b) exercise general supervision over operation of all funds;

(c) tender advice with regard to financial transactions of .

the University;

(d) present annual financial estimates and statement of

accounts;

(e) ensure utilization of the allocations for the programmes,

schemes and projects of the University;

(f) scrutinize the statement of accounts of the constituent

colleges or other institutions maintained by the
University and submit report thereon to the Vice-
Chancellor and the Board;

Cg) receive.all contributions, grants, requests, endowments

and interests on investments on behalf of the
University;

(h) collect fees, fines, sale proceeds and other amounts of

casual income accruable to die University;

(i) operate schemes relating to scholarship funds, stipends

and fellowship amounts;

0) be responsible for the day-to-day financial transactions

and maintenance of accounts thereof;

(k) administer such petty cash funds as may be needed;

(l) operate the funds contributed by the students for

various purposes;

(m) prepare pay and allowance bills of officers, teachers

and other employees of the University and draw and
disburse the amounts thereof;

(n) scrutinise other bills and, if they are in order, ensure

prompt payment;

(oj prepare utilization certificates for funds received from

Government and other funding agencies and get them
promptly-transmitted to the relevant quarters through
the Registrar;

(p) develop and operate an internal audit system and

ensure that all the registers, records and documents are
properly preserved for presentation before the audit;

(q) place statement of accounts at such intervals as

specified by the Board and the Vice-Chancellor;

(r) bring serious irregularities, if any, in financial

transactions of the university to the notice of the Board
through the Vice-Chancellor;


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THEASSAM GAZETTE, EXTRAORDINARY. MAY 25 _2011 1325

(s) render such assistance to the Registrar as may be

required in management of assets and investments and
scrutiny of the contracts and agreements; and

(t) perform such other functions as may from time to time,

be assigned to him by the Vice-Chancellor.

(3) The Finance Officer shall be answerable to the Vice-
Chancellor and the authorities of the University for
effective financial management and augmentation of
resources of the University.

_The Controller of_ 13. (1} The Controller of Examinations shall be appointed by

_Examinations_ the Vice-Chancellor, on deputation from Government

or any other organizations.

(2) The Controller of Examinations shall be responsible for

advanced preparatory action, effective conduct of

examinations, proper valuation of the answer scripts,
tabulations, timely declaration of the results and

expeditious distribution of the Diplomas and Certificates.

(3) The Controller of Examinations shall perform such other

functions as may be entrusted to him by the Vice-
Chancellor.

_Posts and pay scales_ 14. (1) All posts of officers except the Vice-Chancellor, teachers and

other employees of the University including the constituent
colleges shall be created and the scales of pay thereof shall
be determined by the Vice-Chancellor, subject to allotment
of funds in the budget of the University with the approval of
the Government.

(2) The conditions of service and other incidental matters

relating to the other employees shall be such as may be
prescribed by the Statutes.

_Appointment of_ 15. Notwithstanding anything contained in sections 11,12

_first Officers_ and 13, the first Registrar, the first Finance Officer and

the first Controller of Examinations shall be appointed

by the Vice-Chancellor on the recommendations of
the Government.

### GHAPTER-IV

_THE AUTHORITIES_

_Authorities of the_ 16. The following shall be the authorities of the University, namely :-

_University_

(a) the Academic Council;
Qb) the Board;

(c) the faculties;
(d) the Board of Studies;
(e) such other authorities as may be declared from time to time

by the Statutes to be authorities of the University.


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1326 THE ASSAM GAZETTE^EXTRAORDINARY, MAY 25. 2011

_Academic Council 17. (1) The Academic Council shall consist of the following members,_ *'•

namely

(a) the Vice-Chancellor;
(b) the Seniormost Secretary to the Government of Assam,

Cultural Affairs Department or his nominee not below the
rank of a Joint Secretary;

(c) Three Assamese Awardees each of -

(i) National Sahitya Akademi,
(ii) National Lalit Kala Akademi; and
(iii) National Sangeet Natak Akademi to be nominated

by the Chancellor;

(d) Seniormost Secretary to the Government of Assam,

Education (Higher) Department or his nominee not below

the rank of Joint Secretary;

(e) the Director of Cultural Affairs, Assam;
(f) President, Asom Sahitya Sabha;
(g) three eminent scholars one each from the spheres of

literary arts, visual arts and performing arts, to be
nominated by the Government;

(h) the Registrar;
(i) the Controller of Examinations;
(j) the nominee of the Centre for Cultural Resources and

Training; and

(k) the Director, North East Zone Cultural Centre;
(l) the Director Eastern Zonal Cultural Centre.

(2) The Academic Council shall ordinarily meet twice a year and formulate its

recommendations on the programmes, schemes and academic affairs of
the University.

(3) One third members shall constitute the quorum for holding the meeting

of the Academic Council.

(4) The Academic Council shall be the principal academic body of the

University and subject to the provisions of this Act and Statutes, it shall
coordinate and exercise general supervision over the academic
programmes and policies of the University.

_Powers and functions_ 18. Subject to the provisions of this Act and of the Statutes,

_of the Academic Council_ the Academic Council shall have the following powers

and functions, namely

(i) to advise the Board on all academic matters;

(ii) to make regulations and to amend or repeal the

same on the following matters:-

(a) prescribing courses of studies and schemes of

examinations;

(b) conducting annual review of courses offered, contents

of curriculum and prescribing new courses to be
introduced keeping in view the needs of the society and
prescribing modifications in curriculum;

(c) prescribing qualifications for admission of students to

various courses of studies, to research degrees and to
the examinations and the conditions under which
exemptions may be granted;

(d) prescribing standards of evaluation of the performance

of students and classification of students on the basis of
their performance in the examination;


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THE ASSAM GAZETTE. EXTRAORDINARY. MAY 25. 2011 1327

(e) prescribing the conditions for admission of candidates

for research degrees and the requirements for the

, award of such degrees;

(fj prescribing the qualifications for recognition of

teachers and scholars as supervisors for research;

(g) prescribing the equivalence of examinations, degrees,

diplomas and certificates of other Universities or
institutions of the Country;

(h) prescribing the qualifications of teachers; and

(i) prescribing the norms for the upgradation of teaching

posts;

(j) to examine and act upon the recommendations of the

various faculties in making regulations;

(k) to determine the degrees, diplomas another academic

distinctions which shall be granted by the University
and to award the same;

(l) to institute scholarships and fellowships;
(m) to recommend to the Board the conferment of

honorary degrees and other distinctions;

(n) to consider the annual reports and to make

suggestions thereon to the Board; and

(o) to exercise such other powers and perform such other

functions as may be prescribed by the Statutes.

_The Board 19._ (1) The Board shall consist of the following members, namely

(a) the Vice-Chancellor;
(b) the Seniormost Secretary to the Government of Assam,

Cultural Affairs Department or his nominee not below the

rank of a Joint Secretary;

(c) the Seniormost Secretary to the Government of Assam,

Finance Department or his nominee not below the rank of a
Joint Secretary;

(d) the Seniormost Secretary to the Government of Assam,

Education (Higher] Department;

(e) the Director of Cultural Affairs, Assam, Guwahati;
(f) Director of Archaeology, Assam, Guwahati
(g) three persons (one each from the spheres of literary arts,

visual arts and performing arts) to be nominated by the
Chancellor from among the members of the Academic
Council;

(h) Presidents, Asom Sahitya Sabha;
(i) the Registrar;
(j) the Finance and Accounts Officer;
(k) the Controller of Examinations; and
(l) two members of the Assam Legislative Assembly to be

elected by the members thereof.

(2) The Board shall ordinarily meet once in two months to transact its
business.

(3) One third of the members shall constitute the quorum for the

meetings of the Board.


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1328 THE ASSAM GAZETTE EXTRAORDINARY, MAY 25, 2011 ____________

_Powers andfunctions 20._ Subject to the provisions of this Act and the Statutes, the

_of the Board_ Board shall exercise and perform the following powers and

functions, namely:-

(i) to exercise the executive powers of the University including

the general superintendence and control over its

institutions;

(ii) to admit an institution to the University as an affiliated

institution in accordance with the terms and conditions

prescribed by the Statutes;

(iii) to make Statutes for considerations and approval of

the Government;

(ivj to hold, control and administer the properties and funds of

the University including investment of money in such
stocks, funds, shares or securities as deemed fit;

[v] to provide buildings, premises, furniture, apparatus and

other requisites for carrying on the work of the
University and to that end enter into, vary, carry out
and cancel contracts on behalf of the University;

[vi] to direct the form and use of the common seal of the

University;

[vii] to establish, maintain and manage departments and
institutions of research and other advanced centres of
learning as it may from time to time, deem necessary;

(viii) to appoint teachers and officers and to prescribe their

duties;

(ix) to create teaching, specialist, administrative, ministerial

and other necessary posts with the approval of the
Government;

(x) to suspend, discharge, dismiss or otherwise take
disciplinary action against teachers and officers;

(xi) to fix and regulate the fees payable by the students;

(xii) to create research fellowships, honorary or otherwise;

(xiii) to create fellowships, scholarships, studentships,

bursaries, medals and prizes;

(xiv) to exercise supervision and control over the residence

and discipline of students;

(xv) to consider and pass the Financial Estimates, the Annual

Accounts together with the Audit Report and the Annual
Report of the University in accordance with the

provisions of the Statutes;

(xvij to have overall supervision over conduct of

examinations and approval and publication of the
results thereof;

(xvii) to appoint members to the Faculties and Board of

Studies;


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_ _______ THE ASSAM GAZETTE. EXTRAORDINARY. MAY 25. 2011_____________ 1329

[xviii] to delegate any of its powers to the Vice-Chancellors or

any other authority or officer as it may deem fit;

(xix) to prescribe procedure for the inspection of affiliated

institutions so as to ensure compliance with the
conditions of affiliation and to decide on the

continuance of affiliation;

(xx) to accept grants endowments, bequests, donations, and

transfers of movable and immovable properties to the
University on its behalf;

(xxi) to negotiate with other Universities and institutions of

the country for the recognition of the examinations of
the University; and

(xxii) to exercise such other powers and perform such other

duties as may be prescribed by the Statutes.

_Faculties_ 21. (1) The University shall constitute such number of faculties as

may be prescribed by the Statutes from time to time and each

of such faculty shall, subject to the control of the Academic
Council, be responsible for the co-ordination of study and
research in the branches presented in the Board of studies
coming under its purview.

(2) The term of the faculty, its constitution and membership shall

be prescribed by the Statutes.

(3) Subject to the provisions of this Act, each faculty shall exercise

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

(4) There shall be a Dean for each faculty, who shall be nominated

by the Vice-Chancellor.

(5) The Dean of each faculty shail be responsible for the due

observance of the Statutes and Regulations and in guiding the
deliberations of the Faculty.

(6) The Dean of a faculty shall hold office for a term of three years.

_Board of Studies 22. (1) There shall be a Board of Studies for each branch of_

study or branches of study as the Board may decide.

(2) The constitution, powers and functions of the Board

of Studies shall be prescribed by the Statutes.

_General provisions in 23. (1J A person shall cease to be a member of any of_

_relation to authorities_ the authorities of the University, if -

(a) he dies Or is found to be of unsound mind or

permanently invalid; or

(bj he is found to be bankrupt and insolvent; or
(cj he is convicted for an offence involving moral turpitude; or
(d) being a nominated member, his nomination is

withdrawn by the nominating authority; or

(e) being an ex-officio member, he ceases to hold the

relevant office; or


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commission, after affording him an opportunity of being
heard; or

(g) being a nominated member, he resigns or absent

himself from three consecutive meetings without prior
written intimation.

(2) The term of the nominated members of the authorities of the

University shall be three academic years including part of an
academic year. Vacancies arising due to death or otherwise in
the nominated membership of any authority of the University
may be filled up by fresh nomination and the persons so
nominated shall continue as members for the residuary
period of the term.

(3) No act or proceeding of any Authority, committee or body of

the University shall be invalid merely by reason of the
existence of a vacancy, or vacancies among its members.

##### CHAPTER-V

_PROMOTION OF LITERARY, VISUAL AND PERFORMING ARTS_

_Promotion of excellence_ 24. The University shall undertake courses schemes, programmes

_in literary arts_ and projects for promotion of excellence in study, creativity,

research, translation and inter language interaction in
respect of various languages such as Assamese, Sanskrit,
Hindi and English.

_Degree in Doctorate o f_ 25. (1) The University may confer the degree of Doctorate

_Literature in creative_ of Literature in Creative Writing in a language

_writing for published works_ subject on a person for a work of poetry, fiction or

drama as per the following procedure, namely

(a) awardees of the National Sahitya Akademi or Asom Sahitya

Akadaemi (for poetry/fiction/drama) or persons who have at
least one earlier work which is certified by two awardees of
the National Sahitya Akademi to be of high standard of
creativity shall be eligible to submit four copies of a

published work of poetry/fiction/drama, along with a brief
commentary that may be interpretative/analytical/critical,
for consideration of the University;

(b) the Board shall thereupon appoint three members, from

among the awardees of the National Sahitya Akademi, other
than those who had certified about the standard of creativity,
or other eminent creative writers of national or international
stature, to assess the said published work and furnish their
reports;

(c) in case at least two of the examiners affirm that the said

published original work is a creative work constituting a
significant contribution to literature, the Board may accept

             - the said work for award of the degree of Doctor of Literature
in the language concerned for Creative Writing and publish
the result thereof.


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shall be presented either at the annual convocation or at a
special ceremony organized by the University, as the case
may be.

_Diploma in Applied_ 26 (1) The University may institute a Post-Graduate Diploma

_Translation and_ Course in Applied Translation in National, State

_Creative Writing_ recognized local languages and creative writing

in National, State languages, recognized Local

Languages in the Distance Education pattern as

per the regulations to be formulated by the Academic
Council and operate it through literary institution
or organizations within or outside Assam, specially
affiliated to the University for the said purpose.

(2) In order to be eligible for such special affiliation, the

Institution or organisation must fulfill the following
conditions, namely
(a] it should have been registered as society or a trust;
(b] it should have been operative for a period of not less

than three years;

(c] its balance-sheet certified by a Chartered Accountant

should indicate a standing balance of at least rupees

one lakh;

(d] it should have engaged on whole time or part-time basis

an eminent litterateur or creative writer or translator or
academic scholar as Director or Principal; and

(e] it should be having a library with a reasonable

number of books in stock.

_Promotion of_ 27. The University shall undertake courses, schemes,

_Excellence in Visual_ programmes and projects for promotion of excellence

_and Performing Arts_ in study, creativity, research and documentation in respect

of various aspects relating to visual arts and performing arts.

##### CHAPTER-VI

_FINANCE AND ACCOUNTS_

_University Fund_ 28. (1) The University shall establish a fund to be called the

University fund.

(2) The following shall form part of, or be paid into, the

University fund, namely

(a) any contribution or grant by the Government,

Central Government, University Grants Commission,
Industrial Undertakings, Corporations, Companies,
Associations! other bodies or local authorities;

(b) any income of the University from all sources

including income from fees and charges and
sale proceeds;

(c) bequests, donations, endowments and other grants,

if any, received by the University; and

(d) miscellaneous receipts.


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1332 THE ASSAM GAZETTE. EXTRAORDINARY MAY 25. 2011

(3) With the prior approval of the Government, the University

may, from time to time, establish such other funds in such
name and for such specific purposes as may be decided
by the Board.

_(4) The fund shall be kept in a Nationalised or Scheduled_

Bank or invested in such securities as may be decided
by the Board.

(5) The funds and all monies of the University shall

be managed in such manners as may be prescribed

by the Statutes.

_Power to borrow_ 29. The University may, with the previous sanction of the

Government as regards the purpose and amount of Ioan,
and subject to such conditions as maybe specified by the
Government as to security and rate of interest, borrow any
sum of money from any Nationalised Bank or Scheduled
Bank or any other corporate body or other financial
institution.

_Financial Estimate_ 30. (1) The University shall prepare the Financial Estimate

of receipt and expenditure of the University in such manner
as may be prescribed by the Statutes.

(2) The Board shall consider the estimates so prepared

and approve them with or without modification.

(3) The University shall submit such estimates as approved

by the Board to the Government for its sanction.

(4) The Government may pass such orders with reference

to the said estimates as it thinks fit and communicate
the same to the University which shall give the effect to
such order.

(5] The Board may, in urgent cases where expenditure in

excess of the amounts provided for in the budget is found to
be necessary, for reasons to be recorded in writing, incur
such expenditure.

_Accounts and_ 31. f 1J The annual accounts of the University shall be prepared
_auditing_ by the Finance and Accounts Officer under the direction

of the Board and all monies accruing to, or received by the
University, from whatever sources and all amounts
disbursed and paid by the University shall be entered in the
Books of Accounts.

(2) The accounts of the University shall, at least once in

every year and at interval of not more than fifteen
months, be by Local Audit.

(33 All reports on audit made under sub-section (2J

shall, as soon as may be after they are received from
the Examiner of Local Accounts, be laid before the
State Legislature for a total period of fourteen days
which may be comprised in one or more sessions.


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_ __________ THE ASSAM GAZETTE EXTRAORDINARY. MAY25 _201J___________ . J333

(4) The Government shall have power to conduct special

audit if required in respect of utilization of funds and the
University shall comply with the directions issued by U
Government on such audit.

(5) The University shall forthwith rectify any defect or

irregularity pointed out by the auditors and report

the action taken to the Government.

_Annual Report_ 32. [1] The Board shall prepare the annual report of the

University containing such particulars as the Government

may specify covering each financial year, and before its
final approval, it shall be presented to the Academic
Council for its review on or before such date as may be
prescribed by the Statutes.

(2) Copies of the Annual Report and the Annual

Accounts shall be sent to the Government and
the Government shall place them before the State
Legislature.

##### CHAPTER-VII

_STATUTES, REGULATIONSAND RULES_

_Statutes_ 33. Subject to the provisions of this Act, the Statutes may

provide for all or any of the following matters, namely

(a] the constitution, functions and powers of the faculties.

Board of studies and other authorities of the University
and such other bodies as may be declared to be
authorities of the University;

(b] the method of recruitment, conditions of service,

powers and duties of the officers, teachers and other
employees of the University;

(c] the conferment of honorary degrees;
(d] the award of degrees, diplomas, titles, certificates

and other academic distinctions;

(e] the withdrawal of degrees, diplomas, titles,

certificates and other academic distinctions;

(f] the institution of fellowships, scholarships, studentships,

exhibitions, medals and prizes;

(g] the procedure to be followed at meetings of authorities

of the University for the transaction of business by
them;

(h] the classification of teachers of the University and other
employees;

(i] acceptance and management of bequests, donations and
endowments;

0] the grant of affiliation to institutions;


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1334 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 25. 2011

(k} recognition of examinations of Universities or other
educational institutions as equivalent to the

examinations of the University;

(I) fees to be charged for the courses of studies in the

University and for admission to the examinations,
degrees and diplomas of the University;

(m) conditions relating to the award of fellowships,

scholarships, studentships, exhibitions medals
and prizes.

(n) conduct of examinations, including the terms of

office, manner of appointment and the duties of
examination bodies, examiners and moderators;

(o) supervision of students engaged in research and

special studies in constituent or affiliated institutions
or attached centres;

(p) fees to be charged for the services rendered by the

University; and

(q) any other matters which are required to be or may

be prescribed under this Act or by the statutes.

_Procedure for_ _34. (1) The first Statutes of the University shall be made by the_

_making Statutes_ Government by notification in the official Gazette and shall

continue to be in force until amended or superseded by
Statutes made by the Board in accordance with the
provisions of this section.

(2) The Board may, from time to time, make new or

additional Statutes or may amend or repeal the Statutes

. in the manner hereinafter provided.

(3) No Statutes affecting the powers or duties of any

authority of the University shall be made by the Board
unless the draft of such Statutes in referred by the Vice-
Chancellor to such authority concerned for expressing its
views thereon within such period as may be specified in
the reference or within such further period as the Vice-
Chancellor may allow and views, if any, so expressed is
duly considered.

(4) Every Statute passed by the Board shall be submitted to

the Government, who may give or withhold its approval
thereto or refer it back to the Board for reconsideration with
such observations as it may deem fit.

(5) No Statutes passed by the Board shall be valid until approved

by the Government and it shall come into force on the date of
its publication in the official Gazette or such other dates as
the Government may fix.


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THE ASSAM GAZETTE. EXTRAORDINARY. MAY 25. 2011 2

Provided further that the University shall have power to

alter or withdraw the affiliation deemed to have been granted
under this sub-section, if the college or institution concerned
does not comply with the terms and conditions so imposed.

(2) For the purpose of deemed affiliation provided in sub-section (1),

the college or institution concerned shall submit a copy of the
valid letter of affiliation granted by other Universities concerned
to the Registrar of the University within a period of three months
from the date of commencement of this Act and the
acknowledgement of the receipt of such copy by the University
shall be a valid evidence for the purpose of such deemed
affiliation:

Provided, that the Government College of Art and Craft and

Luit Konwar Rudra Baruah State College of Music shall be
deemed to have been affiliated to the University immediately on
the commencement of this Act.

_Special provisions 38._ Notwithstanding anything contained in this Act, the Statutes or the

_for students_ Regulations, every student of the colleges or institutions which have

been disaffiliated or transferred from other Universities in accordance
with provisions of section 37 who was studying in such colleges or
institutions and was eligible to be admitted to any examination held or

conducted by other Universities, shall be permitted to complete his
courses of study or be admitted to the examination of the University and
the University shall make arrangement,-

(a) for the instruction , teaching, training and holding

examination for such student for such period in such

manner as may be determined by the Vice-Chancellor in
accordance with the course of studies of other Universities
concerned; and

(b) for the conferment of the corresponding degrees, diplomas

or other academic distinctions of the University upon the
qualified students on the result of such examinations.

_Protection of action_ 39. All acts and orders done or passed in good faith by the University or

_taken in good faith_ any of its authorities, bodies or officers shall be final and accordingly

no suit or legal proceedings shall be instituted against, or damage
claimed from the University or its authorities, bodies or officers for
anything purporting to be done or any order passed in good faith in
pursuance of this Act, the Students, Regulations and rules made
there under.

_Question regarding 40. (1) If any question arises regarding the interpretation of any provision_
_interpretation and_ of this Act or any Statutes or as to whether a person has been duly
_dispute regarding_ appointed or nominated or is entitled to be a member of any
_constitution of_ authority or body of the University, the matter shall be referred
_a authority or body_ to the Chancellor.

(2) The Chancellor shall after taking such advice as he may deem

necessary decide the question and his decision thereon shall be final.


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___ THE ASSAM GAZETTE. EXTRAORDINARY. MAY 25. 2011 ------------------ ------------------------------------- ----------t i [1335.]

_Regulations 35. (1) The Academic Council may, subject to the approval of the_

Board, make regulations consistent with this Act and the Statutes.

(2) The regulations may provide for the exercise of all or any of the powers

and functions enumerated in clause (ii) of section 18 of this Act.

(3) Every Regulation shall come into force on the date of its publication

in the official Gazette or on such other prospective date as the
Board may direct.

_Rules 36._ (1) The Academic Council, Faculties and the Boards of Studies

of the University may, subject to the approval of the Board, make
rules consistent with this Act and the Statutes and the Regulations
made thereunder.

(2J The rule may provide for, -

(a) the giving of notices to the members of each authority, the

dates of meetings and the business to be transacted at such
meetings and also for keeping a record of the proceedings
of meetings.

(b) the procedure to be followed at the meetings and number

of members required to form the quorum for the meetings.

(c) all matters solely concerning such authority or the matters .

not provided for by this Act, the Statutes or the Regulations
made under this Act.

(3) The Board may refuse to approve the rules submitted to it or may

return them to the authority concerned for further consideration
or may approve the rules without modification or subject to such
modifications as the Board may deem fit.

(4) Every rules made under this section shall come into force on the

date of their publication in the official Gazette or such other

prospective date as the Board may direct.

##### CHAPTER-VIII

_MISCELLANEOUS_

_Affiliation of existing 37. (1)_ All colleges and institutions imparting education in

_institutions._ literary, arts, visual and performing arts existing in the State

and affiliated to other Universities immediately before the date

of commencement of this Act shall be deemed to have been
disaffiliated from the respective other Universities and have
been affiliated to the University for such period and subject to
such terms and conditions, as has been specified in the order of
the respective Universities from which they obtained the affiliation:

Provided that the University may such other terms and

conditions for continuation or further extension of the terms of
affiliation, not inconsistent with provisions made in or under this
Act, as it may deem fit and the college or institution shall be
bound to comply with such terms and conditions, within such
reasonable time as may be prescribed by the University:


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###### THE ASSAM GAZETTE. EXTRAORDINARY MAY25. 2011

Provided further that the University shall have power to

alter or withdraw the affiliation deemed to have been granted
under this sub-section, if the college or institution concerned
does not comply with the terms and conditions so imposed.

(2) For the purpose of deemed affiliation provided in sub-section (1),

the college or institution concerned shall submit a copy of the
valid letter of affiliation granted by other Universities concerned
to the Registrar of the University within a period of three months
from the date of commencement of this Act and the
acknowledgement of the receipt of such copy by the University
shall be a valid evidence for the purpose of such deemed
affiliation:

Provided that the Government College of Art and Craft and

Luit Konwar Rudra Baruah State College of Music shall be
deemed to have been affiliated to the University immediately on
the commencement of this Act.

_Special provisions 38._ Notwithstanding anything contained in this Act, the Statutes or the

_for students_ Regulations, every student of the colleges or institutions which have

been disaffiliated or transferred from other Universities in accordance
with provisions of section 37 who was studying in such colleges or
institutions and was eligible to be admitted to any examination held or

conducted by other Universities, shall be permitted to complete his
courses of study or be admitted to the examination of the University and
the University shall make arrangement,-

(a) for the instruction , teaching, training and holding

examination for such student for such period in such

manner as may be determined by the Vice-Chancellor in
accordance with the course of studies of other Universities
concerned; and

(b) for the conferment of the corresponding degrees, diplomas

or other academic distinctions of the University upon the
qualified students on the result of such examinations.

_Protection of action_ 39. All acts and orders done or passed in good faith by the University or

_taken in good faith_ any of its authorities, bodies or officers shall be final and accordingly

no suit or legal proceedings shall be instituted against, or damage
claimed from the University or its authorities, bodies or officers for
anything purporting to be done or any order passed in good faith in
pursuance of this Act, the Students, Regulations and rules made
there under.

_Question regarding 40. (1) If any question arises regarding the interpretation of any provision_
_interpretation and_ of this Act or any Statutes or as to whether a person has been duly
_dispute regarding_ appointed or nominated or is entitled to be a member of any
_constitution of_ authority or body of the University, the matter shall be referred
_a authority or body_ to the Chancellor.

(2) The Chancellor shall after taking such advice as he may deem

necessary decide the question and his decision thereon shall be final.


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THE ASSAM GAZETTE. EXTRAORDINARY MAY 2Y 2011 1337

_Power of Government 41. (1] The Government shall have the right to cause inspection, to be made_

_to cause Inspection_ by such person or persons as they may direct, of the University, its

_of the university_ buildings, libraries, museums, workshops and equipment or any

institution maintained, affiliated to or approved by the University,
and to cause enquiry to be made in respect of any matter connected
with the University.

(2] The Government shall, before taking any action under sub-

section(l), give notice to the University of their intention to cause
such inspection or enquiry to be made and the University shall be
entitled to be represented thereat.

(3) The Government shall communicate to the Board the result of any

inspection or inquiry made under sub-section (1) and may, after
ascertaining the opinion of the Board thereon, convey their views to
the Vice-Chancellor and to the Board.

(4) The Government may, after considering views of the Vice-Chancellor

and the Board on the result of any inspection or inquiry made under
sub-section(l) advise the University upon the action to be taken in

the matter.

(5) The Board shall report to the Government the action, if any, which is

proposed to be taken or has been taken upon the result of any
inspection or inquiry made under sub-section (1).

(6) A report under sub-section [5] shall be submitted to the Government

with the opinion of the Board thereon and within such time as the
Government may direct.

(7) Where the Board does not, within a reasonable time, take any action

referred to in sub-section(4) to the satisfaction of the Government,
the Government may after considering any explanation furnished by
the Board in the matter, issue such directions as they may think fit,
and the Board shall comply with such directions.

_Pension, Insurance_ 42. With the prior approval of the Government, the University may make

_and Provident_ appropriate provisions for the benefit of its officers, teachers and other

_Fund_    - employees under its control in matters of pension, insurance and provident

fund and for such other benefits as it may deem fit, in such manner as may
be prescribed by the Statutes.

**MOHD. A. HAQUE,**

Secretary to the Government of Assam,

Legislative Department, Dispur.

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

(Ex-Gazette) No. 305-200+600-25-5-2011.


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