The Assam State Higher Education Council Act, 2017
#### ^b- /a>s Registered No.-768/97

# THE ASSAM GAZETTE

## EXTRAORDINARY

### PUBLISHED BY THE AUTHORITY

139 W T ^ , 11 4 ^ 1 ,2 0 1 7 , 2 1 ^ , 1939 (*i<F)

No. 139 Dispur, Tuesday, 11 th April, 2017, 21stChaitra, 1939 (S.E.)

#### GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT:: LEGISLATIVE BRANCH

**NOTIFICATION**

The 11 th April, 2017

**No. LGL. 32/2017/6.-** The following Act of the Assam Legislative Assembly

#### which received the assent of the Governor on 6th April, 2017 is hereby published for

 general information.

**ASSAM ACT NO. XXI OF 2017**

**(Received the assent of the Governor on 6th April, 2017)**

### THE ASSAM STATE HIGHER EDUCATION COUNCIL ACT, 2017


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988 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017

### AN

 ACT

to provide for the establishment of a State Higher Education Council to regulate,

supervise and develop higher education in the State of Assam.

Whereas it is expedient to establish a State Higher Education Council for the

Preamble

State of Assam as a collective of the Government, Universities, Academies,
Experts and People’s Representatives in order to derive a synergic relationship
among them by occupying an operational space in between the Government and
Universities and between Universities and apex level regulatory bodies in the State
of Assam.

It is hereby enacted in the Sixty-eight Year of the Republic of India as follows:-

Short title, 1. (1) This Act may be called the Assam State Higher Education Council

extent and Act, 2017.
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,

Definitions 2. In this Act, unless there is anything repugnant to the subject or context,-

(a) “Council” means the Assam State Higher Education Council

established under section 3 of this Act;

(b) “Government” means the State Government of Assam;

(c) “General Council” means the plenary' body of the council headed by
the Chief Minister of State of Assam under section 8;

(d) “Executive Council” means the body under the Chairmanship of Chief
Secretary, Assam under section20;

(e) “Director” means the Director of the Council appointed by the
Government of Assam;

(f) “Officer and staff’ means all whole time and part time functionaries of
the Council engaged in any manner or taken on deputation and would
include consultants, fellows and research staff;

(g) “Graduation” shall mean the courses of three years General Degree
courses and four years Technical Degree courses;

(h) “Post Graduate” shall means the courses of Master Degree;

(i) “Higher Education” means education, whether professional, technical
or otherwise leading to the obtaining of any degree or diploma from
the University;


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THE AS SAM GAZETTE, EXTRAORDINARY, APRIL 11,2017 989

(j) “Provincialised Colleges” means those Colleges for which the
Government has taken liabilities for payment of salaries including
dearness allowances, medical allowances and such other allowances
admissible to the Government employees of similar category and
gratuity, pension, leave encashment etc. as admissible under the
existing rules, to the employees of the State Government serving under
the Government of Assam;

(k) “Principal” means the head of the teaching as well as non-teaching
staff of a college;

(1) “regulations’ means the regulations framed by the Council under this

Act;

(m) “rules” means rules made by State Government under this Act;

(n) “Notification” means a notification published in the Official Gazette;

(o) “prescribed” means prescribed by the rules made under this Act;

(P) “State” means the State of Assam.

Constitution of 3. (1) The Government may be notification, constitute with effect from such

the Council. date as may be specified therein, a council to be called the **Assam**

**State Higher Education Council.**

(2) The Council shall be a body corporate having perpetual succession and
a common seal and shall by that name sue and be sued.

(3) The Council shall have the power to acquire and hold both movable
and immovable property and subject to the provisions of the Act and
the rules made thereunder to transfer any property held by it and to
contract and to do all other things necessary for the purpose of this Act

(4) The headquarter of the Council shall be located at Guwahati.

Responsibilities 4, The following shall be the responsibilities of the Council, namely:-

of the Council.

(1) Strategic intervention for the improvement of access, equity and

quality in higher education in the State;

(2) Ensuring the autonomy and accountability of all Institutions of Higher

Education in the State;

(3) Promoting academic excellence and social justice by providing
academic input to the State Government for policy formulation and
perspective planning;

(4) Guiding the growth of Higher Education in accordance with the socio­
economic requirements of the State;

(5) To render advice to the Government, State Universities, Private
Universities and other institution of Higher Education in the State;

(6) To coordinate the roles of the Government, State Universities, Private
Universities and apex level regulatory agencies in Higher Education

within the State;


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990

(7) To provide common facilities in Higher Education without impairing
upon the autonomy of other institutions of Higher Education.

Functions of the 5. The Council shall perform the following functions, namely:-

Council.

(1) Review and coordinate the implementation of policies in all Higher
Education Institutions in the State of Assam including Universities,
Research Institutions and Colleges;

(2) Network various programmes in Higher Education undertaken and
promoted by National and International Institutions including Central
and State Governments and by National level regulatory bodies like
University Grants Commission, All India Council for Technical
Education, National Council for Teacher Education, Medical Council
of India, Bar Council of India and other similar statutory bodies;

(3) Undertake independent work for the generation and dissemination of
new ideas in Higher Education including innovative teaching and
learning methodologies with the use of State-of-the-Art Technology;

(4) Provide common facilities for all Universities, Research Institutions,
Colleges and other centers of Higher Education;

(5) Facilitate scientific survey, evaluation and monitoring process and to
provide for the generation and optimum utilization of funds for the
expansion and development of Higher Education;

(6) Undertake such other programmes for promoting the objectives of
social justice and excellence in education;

(7) Formulate and evolve State Higher Education Plan (SHEP) for the
development of higher education, _suomoto or on the suggestion from_
Government or request from State Universities or other Institutions;

(8) Provide support to State Institutions and affiliated institutions for
formulation production of their plans and implementing them;

(9) Monitor the implementation of State Higher Education Plan;

(10) Compile and maintain periodic statistics at state and institutional level
and assist in All India Survey on Higher Education (AISHE);

(11) Evaluate Institutions on the basis of norms developed by national level
higher education agencies;

(12) Suggest improvements in curriculum and syllabus in accordance with
the changing societies and academic requirements and also maintain
quality of curriculum;

(13) To ensure quality of examinations and suggest reforms in examination;

(14) Undertake necessary steps for establishing inter-linkage between
research and learning process;

(15) Protect the autonomy of State Institutions and review periodically the
statutes, ordinances and regulations of the Universities in the State and
suggest appropriate improvement for the realization of the objects of
social justice and academic excellence in education, and advise the
universities or other institute of higher education on formulation of
statute, ordinance or regulations;


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THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017 991

(16) Provide approval to setting up new institutions of higher education;

(17) Suggest accreditation reform measures in consultation with National
Assessment and Accreditation Council (NAAC);

(18) Advise State Government on strategic investments in higher education;

(19) Evolve guidelines for linkages of an academic nature between higher
education institutions in the State and institutions within and outside
the country;

(20) Make proposals for the generation and utilization of funds with the
objective of this Act;

(21) Evolve general guidelines for the release of grants by the Government
or any agency authorized by the Government and disburse funds to the
Universities and Colleges on the basis of State Higher Education Plan
(SHEP);

(22) Evolve methodology for timely transfer of the funds earmarked for the
State Universities and other institution of higher education;

(23) Hold discussions, conduct workshops, seminars with the objective of
facilitating the widest possible consultancies with experts and
stakeholders for formulating the polices and on higher education and
facilitating proper implementation;

(24) Provide a forum for the interaction among the academia, industries,
agriculture and science sectors;

(25) Co-ordinate various programmes being promoted and undertaken by

Central and State Government and national level apex regulatory
bodies in the territory of India.

Composition of 6. (1) The Council consists of three bodies, namely:-
the Council.

(a) General Council : This is the plenary body of the Council headed

by Hon’ble Chief Minister, Assam;

(b) Executive Council: This is a high-power, body under the

Chairmanship of Chief Secretary, Assam;

(c) State Project : This is the operational body which shall be

Directorate headed by the Director of the Council.

Organizational 7. (a) Chairman, General : Hon’ble Chief Minister, Assam;

Structure of the Council

Council. (b) Vice-Chairman, : Hon’ble Minister in Charge of the Higher

General Council Education, Assam;

(c) Chairman, : Chief Secretary, Assam,

Executive Council Government of Assam.

Officers of the **8.** The General Council shall consists of the following members, namely:-
University. (1) The Chief Minister, Assam : Chairman;

(2) The Minister in charge of the : Vice Chairman;

Higher Education, Assam

(3) Chief Secretary, Assam : Member;


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992 THEASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017

(4) Vice-Chancellors of the State : Members;

Universities

(5) The Senior most Secretary of : Member;
Higher Education Department,

Government of Assam

(6) A nominee of the University : Ex-officio member;
Grants Commission not below the
rank of Joint Secretary

(7) Six academicians of repute from : Members;
different Academic disciplines of
whom one shall be a woman, one
belonging to the Scheduled Tribes
nominated by the Government

(8) Three Members from the : Member;

Faculties of Universities /

Colleges to be nominated by the
Government

(9) One representative from the : Member;

Principals of the Provincialized
Colleges to be nominated by the
Government

(10) One representative from the : Member;

Principals of the Government

Colleges to be nominated by the
Government

(11) The Senior most Secretary to the : Ex-officio Member;
Government

(12) The Senior most Secretary to the : Ex-officio Member;
Government of Assam, Health
and family Welfare Department

(13) The Senior most Secretary to the : Ex-officio Member;
Government of Assam,

Elementary Education Departmen

(14) The Senior most Secretary to the : Ex-officio Member;
Government of Assam, Secondary
Education Department

(15) The Secretary to the Government : Ex-officio Member;
of Assam, Judicial Department

(16) The Senior most Secretary to the ; Ex-officio Member;
Government of Assam,

Agriculture Department

(17) The Senior most Secretary to the : Ex-officio Member;
Government of Assam,
Co-operation Department

(18) The Senior most Secretary to the : Ex-officio Member;
Government of Assam,

P.W.D.(Building), Assam


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THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017 993

(19) The Director of Higher Education, : Ex-officio Member;
Assam

(20) The Director of Technical : Ex-officio Member;

Education, Assam

(21) The Director of Medical : Ex-officio Member;

Education, Assam

(22) Director of the Council : Member Secretary.

Functions of the 9. The functions of the General Council shall be as follows:-

General Council.

(1) General Functions ;- The Council shall,-

(a) The Council shall render advice to the Government, Universities
and other institutions of higher education in the State;

(b) co-ordinate the roles of the Government, Universities and apex
regulatory agencies in higher education within the State;

(c) evolve new concepts, programmes and perspective plans for
development of Higher Education as required or on the
suggestion by the Government or requests from Universities or
other institutions of the State;

(d) • monitor the progress of implementation of the Developmental

Programmes of the Universities and Colleges taken up in the
State with the assistance of Regulatory Agencies/ Expert Bodies;

(e) promote co-operation and co-ordination among the educational
institutions and explore the scope for interaction with industry
and other related establishments;

(f) prepare an annual report making self-appraisal and showing
details of its performance;

(g) suggest measures for the academic and financial accountability
of the Universities and other institutions of higher education in
the State;

(h) examine and approve the annual budget and' the audited
statement of receipt and expenditure in such manner as may be

prescribed;

(2) Academic Functions:- The Council shall,-

(a) encourage and promote innovation in curricular development,
restructuring of courses and updating of syllabi in the
Universities and the colleges;

(b) co-ordinate the programmes of autonomous colleges and monitor
their implementation;

(c) devise steps to improve the standard of examinations conducted
by the universities, autonomous bodies and suggest necessary
reforms;

(d) facilitate training of teachers of the universities and colleges;


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#### 994

(e) promote and monitor publication of quality text books,
monographs and reference books, etc.

(f) develop programmes for greater academic co-operation and
interaction between university and college teachers and facilitate
mobility of students and teachers within and outside the State;

(g) advice on regulation of admission in universities, colleges and
institutions of Higher Education in the State;

(h) encourage and devise programmes for sports, games, physical
education and socio-cultural activities in the universities and
colleges;

(i) review periodically the existing guidelines and furnish

recommendations for regulating admissions to various courses
and for appointments to the posts of teachers and teacher
administrators in the universities, colleges and other institutions
of higher education;

(j) prepare an overview report on the working of the universities and
colleges in the State and furnish a copy thereof to the
Government and such other authorities as the Government may
specify;

(k) perform such other functions for the realization of the objectives
of access, equity and quality in higher education of the State;

(3) Advisory Functions:- The Council shall advise the Government,-

(a) regarding the norms, if any, relating to the establishment of new
universities and colleges besides introduction of additional
subjects and departments in the existing universities and
colleges;

(b) regarding the Statutes, Ordinances and Regulations of

universities in the State and to suggest modification wherever
required to maintain uniformity in the administration without
prejudice to the autonomy for the academic pursuits;

(c) on any university, college or institutions of Higher Education or
any other matter relating to higher education and research
activity which may be referred to the Council;

(d) In determining the infrastructure maintenance grants and to lay
down the basis for such grants;

(4) Any other Functions:- The Council shall perform any other functions
necessary for the furtherance of Higher Education in the State.

Powers of the 10. The General Council shall :-
General Council,

(a) prepare a perspective plan for implementation of the policies, evolve
various programmes and determine the priorities of such programmes
for implementation;

(b) propose general guidelines for the release of grants by the Government
to universities and other institutions of higher education and advise the
Government about the release of such grants to each university and
other institutions of higher education;


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(c) give such directions as may be necessary for effective functioning of
the other bodies of the Council in accordance with its objectives;

(d) have such other powers as may be prescribed for the effective
implementation of the programmes for the furtherance of the
objectives of this Act.

Powers of the 11. The Chairman of the General Council shall have the following powers,
Chairman of the namely:-
General Council.

(a) to call for report on any matter pertaining to the affairs of the Council
and offer suggestions for overall improvement of the functioning of the
Council;

(b) to preside over all meetings of the Council.

Powers of the 12. The Vice-Chairman shall have the following powers, namely:-
Vice Chairman
of the General (a) to preside over the meetings of the Council in the absence of the
Council. Chairman;

(b) to call for report in any matter pertaining to the affairs of the Council
as may appear to him to be necessary;

(c) to exercise such other powers and perform such other functions as may
be assigned by the General Council and/or the Chairman, as the case
may be;

(d) to exercise powers of superintendence /monitoring in all matters of
functioning of the Council.

Publication of 13. The names of the persons appointed/nominated by the Government as
names of the members of the Council shall be published in the Official Gazette by
members of the the Government.
Council.

Terms of the 14. Any member other than an ex-officio members shall be appointed by
Members. the Government ordinarily for a term of five years and shall not be

eligible for re-appointment for a second term:

Provided that the Government may, in exceptional circumstances

for reasons to be recorded in writing, by notification in the Official
Gazette, extend the term of such member for another period not
exceeding six months.

Meetings of the 15. (1) The Council shall meet as often as may be necessary, but it shall meet
Council. at least once a year.

(2) The Council shall have power to act, notwithstanding any vacancy in
the membership or any defect in the constitution thereof, and the
proceedings of the Council shall be valid notwithstanding that some
person, who was not entitled to be a member, had attended, or
otherwise had taken part in the proceedings of the Council.

(3) The meeting of the Council shall be convened by the Director on the
advice of the Chairman.

(4) The quorum of the meeting of the Council shall be one third of the
total existing roll of members of the Council.

(5) In case of requirement, the decisions of the meeting may be taken by
simple majority of those present and voting.


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Qualification, 16. (1) A senior administrative officer, serving or retired, not below the rank
powers and of Secretary to the State Government, having aptitude and experience
functions of the in the field of education or an academician who is or has been a Vice-
Director. Chancellor or a Professor with not less than ten years of experience

shall be appointed by the Government as the Mission Director of the
Council:

Provided that a person who has not attained the age of sixty five

years shall be eligible to be appointed as the Director.

(2) The Director shall be appointed by the Government ordinarily for a
term of five years and shall not be eligible for re-appointment for a
second term.

(3) The Director shall be the Executive Officer and responsible for the co­
operation of the functions of the Council.

(4) The Director shall exercise such powers and perform such functions as
may be prescribed by the General Council and Executive Council.

Terms and 17. (1) The Director or any Member, may in writing under his/her signature,
conditions of addressing to the Chairman, resign his/ her membership to the Council:
Director and
Members. Provided that he/ she shall continue to hold such office until his/

her resignation is accepted and communicated in writing.

(2) The salaries, allowances and other perquisites payable to the Director
and other Office bearers shall be finalized by the General Council with
the approval of the Government.

(3) Subject to the pleasure of the Government, the Director shall hold the
office for a term of five years or till the expiry of the term of the body
represented by him whichever is earlier.

(4) The other terms and conditions of service of the Director and Members
shall be such as may be specified in the regulations.

Removal from 18. (1) If, at any time, it appears to the Government that a member appointed
membership of or nominated has proved himself to be unfit to hold office or has been
the council. guilty of misconduct or neglect which in the opinion of the

Government requires his removal from the membership of the Council,
as expedient, the Government may, after giving such member a
reasonable opportunity of showing cause as to why he/ she shall not be
removed from the Council and after examining the same, decide
whether to continue or remove such member, as the case may be, from
his/ her membership and in case of such removal from the membership
of the Council, it shall be made by notification.

(2) The Director shall not be removed except by an order of the State
Government passed on the ground of willful omission or refusal to
carry out the Rules or Regulations or for abuse of the powers vested in
him after consideration of the report of an inquiry ordered by the State
Government in this behalf.

Filling up of 19. If a casual vacancy arises of a nominated or appointed Member, either
casual vacancy. by reason of his death, resignation, removal or otherwise, such vacancy

shall be filled up by the Government by nomination or appointment as
the case may be and such Member shall hold office only for the
remaining period of the term of the Member in whose place he was
nominated or appointed.


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THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017 997

Constitution of 20. The Executive Council shall consists of:-
the Executive
Council. (1) The Chief Secretary, : Chairman;

Govt, of Assam

(2) Senior most Secretary of Higher : Vice Chairman;

Education Department,

Government of Assam

(3) The Director of the Council ; Member Secretary;

(4) Secretary to the Govt, of Assam : Member;
(Higher/Technical) Education

(5) The Chief Engineer, : Member;
P.W.D.(Building), Assam

(6) Director of Higher Education, : Member;
Assam

(7) Director of Technical Education, : Member;
Assam

(8) Director of Medical Education, : Member;
Assam

(9) Director, Secondary Education, : Member;
Assam

(10) Director, Elementary Education, : Member;
Assam

(H ) Four academicians of repute to be : Members;
nominated for a period of three
years by Government

(12) One of the Joint Secretary _I : Member;_
Deputy Secretary / Under

Secretary, Education Department,
Government of Assam

(13) Two members to be co-opted by the Executive Council in its first
meeting from amongst the Educationists _I Academicians /Experts in_
the field of Higher Education.

Powers and 21. The Executive Council shall exercise the powers and perform the functions as
functions of the follows, namely:-
Executive
Council. (1) The Executive Council shall be competent to take decisions on behalf

of the General Council, subject to the concurrence of the General
Council in urgent matters relating to policy implications:

Provided that in case of urgent circumstances, the Executive

Council may take administrative decisions subject to ratification by the
General Council.

Provided further that the urgent matters having policy implications

shall be placed for decision of the Executive Council with the approval
of the Vive-Chairman of the General Council.


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998 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017

(2) The Executive Council shall incur such expenses as may be necessary
to fulfill the objectives of the Assam State Higher Education Council
and carry out all decision taken by the General Council.

(3) The Executive Council shall present before the General Council an
Annual Budget and Academic and Financial Audit report of the
Council for its approval.

(4) The Executive Council shall have such other powers, functions and
duties as may be specified in the regulations.

Meetings o f the 22. (1) The meetings of the Executive Council shall be convened by the
Executive Mission Director on the advice of the Chairman and/or the Vice
Council. Chairman.

(2) The Executive Council shall meet as often as may be necessary, at
least once in three months.

(3) The quorum for the meetings of the Executive Council shall be one
third of the filled up membership in each body and decisions may be
taken in the meetings by simple majority of those present and voting.

Staff Project 23. (1) The Council shall, with prior approval of the Government, appoint
Directorate. such officers and staff as it deems necessary for the discharge of its

functions.

(2) The terms and conditions of service of the officers and staff of the
Council shall be such as may be specified in the regulations.

State Project 24. The State Government will constitute a State Project Directorate (SPD) with
Directorate. following composition and functions:-

(1) The State Project Directorate shall be headed by the Director of the
Council and such adequate support staff as may be required for the
effective functioning of the State Project Directorate.

(2) The State Project Directorate shall

(i) oversee project implementation at the State level;

(ii) maintain statistical data ad Management Information System

(MIS) report; and

(iii) engage Project Auditors as required.

Technical 25. (1) The State Higher Education Council may appoint a Technical Support
Support Group Group consisting of experts.

(2) The composition and term of the Technical Support Group shall be
decided by the Council.

(3) The function of the Technical Support Group shall be to:-

(a) monitor flow of funds and information;

(b) generate Management Information System (MIS) reports as
required; and

(c) provide operational support to the Council.


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THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017 999

#### Funds of the 26. (1) The funds of the Council shall include all sums which may, from time Council. to time, be paid to it by the Government and all other receipts
 including any sum from the Central Government, the University Grants Commission or any other authority, institutions or persons.

 (2) In addition to the State share under Rastriya Uchchatar Shiksha Abhiyan (RUSA), the Government may pay to the Council every
 financial year such sums as may be considered necessary for the functioning of the Council and for the discharge of its responsibilities and duties.

 (3) All expenditure incurred by the Council under or for the purposes of this Act shall be defrayed from out of the Fund and any surplus remaining, after such expenditure has been met, shall be invested in such manner as may be prescribed.

 Status of 27. The Chairman, Co-Chairman, Members, Officers and Staff of the Council
 members and when acting or purporting to act in pursuance of any of the provisions of this staff of council. Order shall be deemed to be public servants.

 Powers of the 28. (1) On the recommendation of the Council or suo-moto, the Government Government. may direct any university and institutions of Higher Education with
 such modification as may be necessary to implement the reforms in such manner as may be specified therein. Notwithstanding anything contained in any law for the time being in force, it shall be obligatory on the part of the university or the institution as the case may be, to implement the directions given by the Government and to report the action taken to the Government and the council accordingly. The council shall review from time to time the compliance by the universities/ institutions of the direction given by the Government.

 (2) For any important policy decision, prior approval of the Government shall be taken by the Council. Council shall also implement its policy in consonance with the general Higher Education Policy of the Govt, and shall not work in contradiction to the Government policy.

 Removal of 29. If any difficulty arises in giving effect to the provisions of this Act, the difficulty Government may, by order, as occasion may require, do anything not
 inconsistent with the provisions of this Act which appears to be necessary or expedient for the purpose of removing the difficulty.

 Power to make 30. The Council may, from time to time, subject to the previous approval of the regulations. State Government, make regulations consistent with the provisions of the Act
 and the rules, for the purpose of carrying out the provisions of this Act.


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1000 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017

#### Power to make 31. (1) The Government may make rules for carrying out the purposes of this rules. Act.

 (2) Every rule made under this Act shall be laid as soon as may be after it is made, 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 successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately followings, the Assam Legislative Assembly agrees in making any modification in the rule or the Assam Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

 S. M. BUZAR BARUAH,

Commissioner & Secretary to the Govt, of Assam,

Legislative Department, Dispur, Guwahati-6.

GuwahatiPrinted and Published by the Dy. Director (P & S), Directorate of Printing and Stationery, Assam, Guwahati-21.

Extra Gazette No. 277 - 200 +10 -11-04-2017.


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