The Gauhati University (Amendment) Act, 1949
_The 30th April 1949._

# No.L.206/49/2 .—The following Act of the Assam Legis­

lative Assembly, having been assented to in His Majesty’s
name by the Governor, is hereby published for general

information

# (Received the assent of the Governor on the 30th
 April, 1949)

 ASSAM ACT VI OF 1949

THE GAUHATI UNIVERSITY (AMENDMENT) ACT,

1949

(Passed by th e Assem bly)

[Published in th e _Assam Gazette, Extraordinary of th e 30th A pril 1949.]_

_A n_

_Act to amend the Gauhati University A ct, 1947_

_(Assam Act X V I o f 1947}_

Whereas it is expedient to amend the Gauhati Univer­

Preamble. sity Act, hereinafter called the Principal Act, in the man­

Assam Act

ner hereinafter appearing:— XVI of

1947.

It is hereby enacted as follows:—

Short title 1. (1) This Act may be called the Gauhati University

and com­ (Amendment) Act, 1949.
mencement.

(2) It shall come into force at once.

Amendment 2. In clause _(q) of section 5 of the Principal Act, before_

of section 5 the words “ to do all such other acts and things” the follow­
of Assam ing words shall be inserted, namely :—

Act XVI of
1947. “save and except such functions and powers as are

vested in the Development Committee under this Act”.


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# 2

Amendment 3. In sub-section (1) of section 12 of the Principal

of section 12 the last word “ and” in clause _(ix) shall be deleted,_

Act X V l'of [t] *l e c o m m a and the word “and” shall be added after the

1947. word “ woman” in clause _(x) and the following new clause_

shall be inserted, namely: —

_“(xi) two persons nominated by the Government of_

Assam”.

Amendment 4. (1) In section 13 of the Principal Act, after the

oi section 13 proviso j n clause (tz) the following new proviso shall be

Act XVI mserted, namely :—

of 1947. “ Provided that the Executive Council shall not ad­

minister and exercise its power of control in respect of the
funds (including the Gauhati University Trust Board Fund)
which have become vested in the University for the pur­
poses of buildings, roads, tanks, pipe lines or other struc­
tures of the University, such grants from the Government
and such donations from private individuals or associations
as are specially given for the aforesaid purposes of the Uni­
versity.”

(2) In clause (</) of section 13 of the Principal Act,

after the words “ any funds” the following words shall be
inserted, namely :•—

“ other than those given for the purposes of buildings,

roads, tanks, pipe lines and other structures of the Uni­
versity”.

(3) In clause (?) of section 13 of the Principal Act,

after the words “ all matters” the following shall be inserted,
namely:—

“ except those which are vested in the Development

Committee under this Act” .

Insertion of 5- (1) After section 32 of the Principal Act, the

new sections following shall be added, namely :—
in Assam

Act XVI of

1947.
Removal of “32A. (1) If a member of the Court or the Executive

members of Council of the University remains absent without sufficient
the Court reason from the two successive meetings of the Court or

and Execu- fr o m fiv e successive meetings of the Executive Council as the
for' conti- [c a s e ] m a Y ^ [e]            - the Chancellor may call upon that member

nued ab- to offer within a reasonable time such explanations as he

sence. may desire to offer.

(2) If a member of the Court or the Executive Council

when called upon by the Chancellor to offer explanation
fails to offer any explanation or gives an explanation which,
in the opinion of the Chancellor is unsatisfactory, the
Chancellor may remove such member from office.”

Insertion of 6. To the Principal Act, the following new sections

new sections shall be added, namely:—
39, 40, 41 ’ '

and 42 in _“39. The Chancellor shall appoint a Development Com-_

XvTof 1947 [m] *t t e e °f n o t more than five persons including the Minister

in charge of Education who shall be the Chairman of the


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Development Committee for the following purposes of, namely
Committee
and its _(a) raising of funds from Government, private indi­_

duties. viduals and associations for buildings, roads and

other structures of the University,

(Z>) taking by acquisition, purchase, grant, testa­

mentary disposition or otherwise such land and
property, movable or immovable, as are re­

quired and necessary for the buildings, roads,
and other structures of the University,

(r) inviting and approving plans of buildings, roads,

tanks, pipe lines and other structures of the
University,

(</) inviting and accepting tenders for the construction

of buildings, roads, tanks and pipe lines and
other structures of the University,

(e) doing all other acts incidental or appertaining to

the construction of buildings, roads, tanks,

pipe lines and other structures of the

University.

Powers of 40. Notwithstanding any power vested in the

the Deve- Executive Council, authority or person under any provisions

Committee. °f this Act and the Statutes, the Development Committee

shall have for the purpose of discharging the duties vested
in it, the power to incur, supervise and control expenditures

(«) out of funds (including the Gauhati University Trust

Fund) which have become vested in the University, for the
purpose of buildings, roads, tanks, pipe lines and other
structures of the University and _(b) out of grants from_
Government and donations from private individuals or

associations that may be given to the University for the
aforesaid purposes of the University.

The esti- 41. (1) The estimate of expenditure and annual report

auclh a "of *n r c s Pe c t construction of buildings, roads, tanks, pipe

account of lines [a n d] other structures of the University shall be pre-

the D eve-^»ared under the direction of the Development Committee

lopment and shall be submitted to the Executive Council for placing

Committee, before the Court at least two months before the date of the

annual meeting of the Court.

(2) The annual accounts and balance sheets of the De­

velopment Committee shall be prepared under the direction
of the Committee and shall be submitted to the Chancellor
for audit. The accounts when audited shall be submitted

to the Executive Council for publication in the Assam Gazette,
and copies thereof shall together with copies of the audit
report, if any, be submitted to the Court and to the Chan­
cellor.

(3) The annual report, estimates and accounts of the

Development Committee shall be considered by the Court
at its annual meeting and the Court may pass, resolutions
thereon and communicate the same to the Development

Committee,


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The Provin- 42, (1) If, a t any time, the Government of Assam are of

ment’s°V po- °pin ‘o n that special reasons exist that in any respect the

wers of affairs of the University are not managed in furtherance of

supervision, the objects and purposes of the University or in accordance

with this Act and the Statutes and Regulations, or in fur­
therance of objects for which any grant or donation is speci­
fically made by Government, Public bodies or individuals,

the Government of Assam may indicate to the Executive
Council such matter in regard to which the Government of

Assam desire explanation and call upon that body within
reasonable time to offer such explanation as it may desire
to offer, with any proposal which it may desire to make.

(2) If the Executive Council fails to offer any explana­

tion or makes proposal or proposals which, in the opinion of
the Government of Assam is or are unsatisfactory, the
Government of Assam may issue such instructions, as appear
to them to be necessary and desirable in the circumstances
of the case, and the Executive Committee shall give effect

to such instructions.”

S. M. LAHIRI,

_Secy, to the Govt, of Assam, Leg. Deptt._


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