The Gauhati University (Amendment) Act, 1975
# The Assam Gazette

## extraordinary

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### PUBLISHED BY AUTHORITY

h? 135, 29 1975, 7 1897

**N». 135, Dinpnr,** **Wednesday,** **October 29,** **1975, 7th Kartika**

**____________________________ 1897 (S. E.) _ _ _ _ _ _**

**GOVERNMENT OF ASSAM**

**ORDERS BY THE GOVERNOR**

**LAW DEPARTMENT**

**NOTIFICATIONS**

**The 29th October 1975**

**No.LJL.390/75/8.—The fellowing Act of the Assam Legislative**

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


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#### for general information.— »

ASSAM ACT XIV OF 1975

**(Received the assent of the Governor of Assam on the 23rd** day

#### of October, 1975)

 THE GAUHATI UNIVERSITY (AMENDMENT)

ACT, 1975

AN

ACT

#### further to amend the Gauhati University Act,
 1947

 Whereas it is expedient to amend the Gau- Assam Act i

Preamble. University Act, 1947, hereinafter called the XVI oi

#### principal Act, in the manner hereinafter appear- [1947]-
 ing ;

 It is hereby enacted in the Twentysixth year
 of the Republic of India as follows :—

 .. 1. (1) This Act may be called the Gauhati

and°com- ° University (Amendment) Act, 1975.
#### mencement.

 (2) It shall come into force at once.

 2. For sub-section (J) of Section 5 of the

A mendment

of section 5 principal Act, following shall be substituted,
of Assam namely:—
Act XVI of

1947.

#### ''(J) to maintain Colleges and Halls to affi­
 liate Degree Colleges and Halls not main­ tained by the University and to withdraw such affiliation.”

Insertion of 3. In Section 8 of the principal Act, after

sub-section sub-section (11), the following shall be in­

(12) in sec­
tion 8 of the serted as sub-section "(12)”, namely:—

Assam Act

XVI of 1947,

#### "(12) The Chancellor as head of the Uni­
 versity shall have the power to suspend the
 activities of the various authorities of the
 University as and when circumstances so demand and vest all powers and functions of these authorities in the Chancellor to
 control the affairs of the authority or autho­ rities so suspended in such manner and for such a period as deemed fit and reasonable
 by him.”


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#### rftheAtSam[d e l e t e d a n d] Section 8AA shall be renumbered
**Act x v i of as Section "8 A”.**

**1947.**

**Amendment** 5. (1) For sub-section (1) of Section 8AA

#### £AA[Secti]°f °f the principal Act, the following shall be subs-

**Assam Act** tituted, namely

**XVI** **of**

**1947.**

#### "(1) The Vice-Chancellor shall be appoin­ ted by the Chancellor on the recommenda­ tion of an Advisory Board constituted by the Chancellor for the purpose and consisting of three members of whom one member shall be elected by the Executive Council, one member shall be nominated by the State Government and one member shall be nominated by the Chancellor. The Chan­ cellor shall appoint one of them as Chair­ man of the Advisory Board.”

 (2) For sub-section (2) of Section 8AA of the
 principal Act, the following shall be subs­ tituted, namely:—

 "(2) The Advisory Board shall recommend a panel of names of three persons to the Chancellor who may appoint one of the per­ sons recommended to be Vice-Chancellor. If the Chancellor does not approve any of the person recommended by the Advisory Board he may call for a fresh recommenda­
 tion?’

 (3) For sub-section (5) of Section 8AA of the
 principal Act, the following shall be subs­ tituted, nam ely:—

 "(5) Whenever there is any temporary
 vacancy in the office of the Vice-Chancellor
 by reasons of leave, illness or resignation or
 other causes, the e Chancellor shall make such other arrangement temporarily as he
 ‘may think fit for exercising the powers and


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performing the duties of the Vice-Chancel­
lor for such period as deem necessary. The
Chancellor shall determine the emoluments
or allowances if any, payable to such a per­
son temporarily appointed to exercise the
powers and duties of the Vice-Chancellor.”

Amendment 6. In Section 9 of the principal Act,
**of Section 9**
**of the Assam** **.**

**Act XVI of** in sub-section (1)

**1947.**

(i) the clause (ii) shall be deleted and sub­
sequent clauses shall be renumbered.
(ii) the clause (xvi) shall be substituted by
the following, namely :—

"(xvi) the Principals of Cotton College, Di-

phu Government College, Assam Engineer­
ing College and the Gauhati Medical Col­

lege.”

(iii) the clause (xviii) shall be substituted
by the following, namely :—

"(xviii) one third of the Principals of the

Degree Colleges affiliated to the University

by election from among themselves and

shall retire after every three year in the

manner prescribed by the statutes.”

(iv) the clause (xx) shall be substituted by
the following, namely :—

"(xx) 10 persons from the Heads of Deptts.

and Professors of the University being al­
lotted Faculty-wise by rotation to be deci­

ded by the Executive Council.”

(v) the clause (xxii) of sub-section (1) of

Section 9 of the principal Act shall be subs­
tituted by the following, namely :—

"(xxii) seven persons to be elected by the

members of the Assam Legislative Assembly

from amongst themselves.”

(vi) The word "seven” at the start of clause

(xxiv) shall be substituted by the word
ten.

(vii) the clause (xxv) shall be substituted
by the following, namely :—


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**THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 19S. 943**

"(xxv) two Registered Graduates elected by
the Registered Graduates of the University
who are not employees or students of the

University or the affiliated Colleges.”

(viii) In clause (xxvii), sub-clauses (a) and
(b) shall start with the words "seven” and
"two” instead of words "three” and "one”
respectively.
(ix) In clause (xxvii), the sub-clause (c)

shall be deleted.

Amendment 7. (1) In sub-section (1) of Section 12 of the

**o£S?cti?“** ^principal Act, after clause (iv), the following shall

**Act xvFof’be** inserted as clause (v) and (vi) respectively and

**1947.** subsequent clauses shall be re-numbered accor­
dingly.

"(v) The Director of Health Services, Assam.”

"(vi) <The Chairman, Board of Secondary

Education, Assam.”

(2) For clause (v) of sub-section (1) of Sec­
tion 12 of the principal Act, the following
shall be substituted, namely :—

"(v) Two principals of non-Government affi­

liated Degree Colleges to be elected from

amongst themselves.”

(3) After clause (v) of sub-section (1), the
following shall be inserted as clause (vi)

and subsequent clauses shall be re-num­

bered accordingly.

"(vi) One Principal of Government af­

filiated Degree Colleges to be elected from
amongst themselves.”

(4) For clause (viii) of sub-section (1) of

Section 12 of the principal Act, the fol­

lowing shall be substituted, nam ely:—

"(viii) three members to be elected bv the
Court from amongst its members at its An­
nual General meeting other than employees
and students of the University or the af­

filiated Colleges.”

(5) For clause (ix) of sub-section (1) of

Section 12 of the principal Act, the fol­

lowing shall be substituted, namely:—


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#### "(ix) Two teachers other than a Dean of
 Faculty of the University and the Principals of the affiliated Colleges, to be elected by the Academic Council from amongst such tea­
 chers who are its m em ber.”

 (6) For clause (x) of sub-section (1) of Sec­
 tion 12 of the principal Act, the following shall be substituted, namely :—

 "(x) three persons of whom at least one
 shall be a woman to be nominated by the
 Chancellor, and ”

 AMwdnient 8. (1) After sub-clause (iii) of clause (a) of
 of Assam Act[s u] t>-section (2) of Section 14 of the principal Act,
 XVI of the following shall be inserted as sub-clause (iv)
 1M7. and subsequent sub-clauses shall be renumbered accordingly.

 "(iv) The Director of Health Services As­ sam.” &

 (2)For sub-clause (ix) of clause (a) of sub­
 section (2) of Section 14 of the principal Act, the following shall be substituted, namely:—

 "(ix) fifteen persons to be elected from am­
 ong the teachers of the affiliated Colleges and of the University of whom at least
 twelve shall be from the affiliated Colleges.”

 (3) For sub-clause (xi) of clause (a) of sub­
 section (2) of Section 14 of the principal Act, the following shall be substituted, namely:—

 "(xi).two persons to be elected by the Court
 who are not employees or students of the
 University or the affiliated colleges; and”

 (4) For sub-clause (xii) of clause (a) of sub­
 section (2) of Section 14 of the principal
 Act, the following shall be substituted,
 nam ely:—

 "one Education Officer of the Board of
 Secondary Education, Assam to be nomi­ nated by the Chairman of the aforesaid
 Board.”

**Amendment**

**of Assam Act_ Section 15** **' (** 9. (1) After clause (iii) of sub-section (3) of. **. ■** **-**
#### XVI of Section 15 of the principal Act, the following 1947. shall be inserted as clause "(iv)”, namely :—


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"(iv) ten teachers of the affiliated Colleges

representing different subjects to be **elec­**
ted from amongst themselves :

Provided that a teacher so elected shall

hold office for a period of two years from

the date of his election.”

(2) Clause (iv) of sub-section (3) of Section

15 of the principal Act shall be re-numbered
as clause "(v)” and the word "eighteen” in

the proviso to clause (iv) shall be substituted

by the word ''twentyeight”.

**Amendment** 10. For Section 15 A of the principal Act, the

following shall be substituted, namely :—

**A ua« Act**
**XVI *f 1947**

15A(1) (a) There shall be a Selection Committee

for making recommendations to the Execu­

tive Council for appointment of Professors,

Readers, Lecturers, Registrar, Treasurer,

Librarian and other officers of the Univer­
sity as may be provided for by the Statutes

consisting of the following members :—

(i) The Vice-Chancellor as Chairman of the

Selection Committee.

(ii) three persons not holding any office **of**

profit under the University of whom one

nominated by the Chancellor, one to **be no­**
minated by the State Government and the
other to be nominated by the Executive

Council

(iii) The Registrar shall be the member-Sec-

retary of the Selection Committee except

for the Selection Committee for the appoint­
ment of Registrar in which case the Vice-
Chancellor shall nominate one person **as**

member-Secretary in consultation with the

Executive Council.

(b) Tn making recommendations for the ap­

pointment of Professors of the University,
the Selection Committee shall co-opt the

Head of the Department concerned, if he is

a Professor, on- Professor of the Depart­

ment to be no ited by the Vice-Chancel-

10’- and two persons not in the services ol


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the University to be nominated by the Exe­
cutive Council out of a panel of not less than
five names of persons recommended by the
Academic Council, who have special **know­**
ledge of the subject for which **the Professor**
is to be selected.

(c) In making recommendations for the ap­

pointment of Readers or Lecturers and

other teachers of the University, the Selec­
tion Committee shall co-opt the Head of

the Department concerned, one Professor

o' Deptt. to be nominated by the Vice-

Chancellor and two persons to be nominated
by the Executive Council out of a panel

of not less than five names of persons

recommended by the Academic Council

being persons not connected with the

University, who have special knowledge

of or interest in the subject for which the
Reader or Lecturer is to be selected :

Provided that, where the Executive

Council proposes to make an appointment
otherwise than in order of merit arranged

by the Selection Committee in the post of
Professors, Readers or Lecturers it shall

record its reasons in writing and submit

them to the Chancellor who may approve
the proposal or return it to the Executive
Council for reconsideration. After recon­

sideration, if the Executive Council desires
to pursue its original proposal, it shall refer
the matter again to the Chancellor for his

derision which shall be final:

Provided further that, where a Selection

Committee recommends to the Executive

Council the name of one person only and
that person is not acceptable to the Execu­
tive Council, the Executive Council shall

record its reasons in writing for not accep­
ting the recommendation and direct the Re­
gistrar to advertise the vacancv again and
convene a meeting of the Selection Commit­
tee for making fresh recommendation, and,

in so doing, communicate to every member

of the Selection Committee the reasons **re­**

corded as above.

(d) Where an appointment is to he made to a

temporary vacancy of Teachers of the Uni­

versity, the appointment shall be made, if

vacancy is for a period of one year or more
**on the** recommendation of **the** **Selection**


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THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975, 947

#### Committee in accordance with the provisions of the preceding sub-sections and no ad-hoc appointment shall be made by the Execu­ tive Council.”

T[ , . ] 11. In the principal Act after Section 15 A,

#### SeHon°15B the following shall be inserted as Section 15 B,
 in Assam namely :—

Act XVI of
; '347- "15 B. (1) There shall be a Students’ Advi­

#### sory Council which shall consist of the fol­ lowing members, namely :—

 (i) One Chairman to be nominated by the
 Vice-Chancellor from amongst the teachers of the University.

 (ii) the Director of Students’ Welfare-ax-
 Officio Treasurer.

 (iii) President, Vice-President and Secretary
 of the University Post-Graduate Students’
 Union.

 Civ) President and Secretary of the Univer­
 sity Law Students’ Union.

 i'v) 10 students from ten affiliated Degree
 Colleges to be selected by the Executive Council by rotation in the manner to be prescribed by the Statutes.

 (vi) One student from each teaching faculty
 of the University to be elected as prescribed
 by the Statutes.

 (vii) . Five students one from each of the five
 activities mentioned below who have shown outstanding performances in the following activities to be nominated by the Vice-Chan­
 cellor, namely

 (1) Sports.

 (2) National Service Schemes.

 (3) National Cadet Corps.

 (4) Cultural activities.

 £5) National Discipline Scheme.


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(viii) four lady students to be nominated b.y

the Vice-Chancellor.

(ix) the Director of Sports and Physical Edu­

cation, if any.

(x) The members of the Students’ Advi­

sory Council shall elect from amongst

themselves the Secretary of the Council.

(2) The term of office of the members of the

Students’ Advisory Council, other than

ex-Officio members shall be one year.

/

(3) The quorum to constitute a meeting of

the Students’ Advisory Council, the rules
of procedures and conduct of business to
be followed at a meeting, the period

within which a meeting shall be called

and such other matters shall be prescribed

bv the Statutes :

Provided that no student shall be eli­

gible to be, or continue to be a member of

the Students’ Advisory Council unless he

is enrolled as a student or after he attains
the age of twentyfive years. A student

member shall cease to be such member

if he fails to nass at the next University

Examination.

(4) The functions of the Students’ Advisory

Council shall be as follows, namely:—

(i) to make recommendations to the Exe­

cutive Council and the Academic Council in
the matters effecting the students corporate
life of the University in so far as it con­
cerns the students and the Co-curricular

and extra-curricular activities in the Uni­
versity and the Degree Colleges affiliated to
the University.

(ii) All rules effecting discipline, welfare,

Sports, Literary, Management of Hostels,

students Home, extension work, social work,

students’ health, National Service Scheme,

N.C.C. etc., shall be placed before the Stu­

dents’. Advisory Council for its views

before anv decision is taken bv the Ex­

ecutive Council.

(iii) The Vice-Chancellor or any authority

of the University may ask for the views of
the Students’ Advisory Council on any

matter concerning the Welfare of

students.


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#### (iv) The Chairman of the Students’ Advi­
 sory Council shall be the authority to de­
 cide whether a matter does or does not concern the students.

 (v) The Students’ Advisory Council shall
 frame its own rules of business and shall
 submit the same to the Executive Council
 for consideration and approval.

**Amendment** 12. For clause (g) of Section 21 of the prin-

**of the[C]A°ssam[c i p a l ]** **A c t ’** **t h e** f o l l o w i n S shall b e substituted,

#### Act x v i [S]of[1]namely
**1947.**
#### "(g) the condition for affiliation by the Exe­
 cutive Council of Degree Colleges and Halls not maintained by the University and for the withdrawal of such affiliation in consul­
 tation with the State Goverment:

 Provided that no statutes relating to the
 management of Colleges and Halls and the conditions of services of employees shall
 apply to Government Colleges and Govern­
 ment aided affiliated Colleges in respect
 of which the State Government shall make
 necessary rules in consultation with the University. No new Degree College shall be given permission or affiliation by the University without prior concurrence of the State Government and that the Execu­ tive Council shall have no jurisdiction to
 permit and affiliate new Pre-University
 class or College :

 Provided further that the Executive
 Council shall have jurisdiction over af­ filiation of existing Pre-University Section of Degree Colleges and also of existing Pre-University Colleges having Pre-Uni­ versity Course only under its jurisdiction and conduct the Pre-University Examina­ tions till such time the State Government by a Notification in the official Gazette appoint and vest all such powers of the Ex­ ecutive Council to the Board of Secondary
 Education, Assam.”

**Insertion of** 13. In the principal Act, after Section 42.
**Section 4 2A,**

**42B** **and** the following shall be inserted as Section

**42C** **of**

**I Assam Act** 42A, 42BZ and 42C, namely :—

**IXV** **of**

**1947-**


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"42A(I) If at any time it appears _ to be

necessary and expedient in the opinion of

the State Government, the State Govern­

ment may with the prior consultation with
the Chancellor, by a notification published
in the official Gazette, suspend all or any
of the powers of the University as pres­

cribed in Section 5 of the Gauhati Univer­
sity Act and other powers as may be ancil­
lary to such powers of management, func­
tions of such authorities or officers inclu­
ding holding conduct and superintendence
of and arrangement and appointment of any
person or authority in connection with any
or more examinations or publication of the
result of any such examination or examina­
tions or to any matter incidental thereto for
such period as may be specified in the noti­
fication and may be exercised by the State
Government if and when necessary during
such period, in such manner and through

such officers or authority as may be con­
sidered fit by the State Government.

(2) The provisions of the Statutes, Ordinances

and Regulations framed under this Act re­

lating to any one or more preceding sub­
section may be amended for any of the pur­
poses mentioned therein in such manner

as may be decided by the State Govern­

ment with the prior consultation with the

Chancellor and shall take effect accord­

ingly for the purposes of exercising the

powers under the preceding sub-section.

(3) The State Government may constitute an

Advisory Committee consisting of at least
3 persons who, in the opinion of the State
Government are eminent educationists for
advising the State Government in the mat­

ter of discharging the powers, duties, func­

tions and responsibilities in respect of which
such powers are taken over by the State
Government under sub-section (1) of this
Section.

(4) All Actions taken under the preceding

sub-sections and all examinations held and

all results of any such examinations publis­
hed and all other actions taken under this
Section shall be deemed to have been taken,
held or published in accordance with the


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#### provisions of this Act and shall take effect
 iccordingly.

 (5) If for exercising the powers under the
 preceding sub-section any difficulty arises in giving effect to any one or more of the Statutes, Ordinances and Regulations fra­ med thereunder, the State Government may in consultation with the Chancellor by order
 remove such difficulty as may appear to be
 necessary for the purpose of exercising those
 powers.

 Saving. 14 42. g Notwithstanding anything ^.con-
 tained in this Act any decision given, order made,
 anything done, any action taken or any proce­
 edings commenced under any of the provisions of the Act or Rules, Statutes, Regulations in force immediately before the commencement of this Act, shall, in so far as they are not inconsis­ tent with the provision of this Act, continue in force and shall be deemed to have been given, made, done or taken, commenced under the
 provisions of this Act.

Interpreta­
tion. 15. 42. C. If any dispute arises as

#### interpretation of any of the provisions_______ „„ _
 Act, the interpretation given by the State
 Government shall be final and binding to all
 concerned.”

The 29tk October 1975

**No.LJL.391/75/’.—The following Act of the Assam Legislative**

Assembly which received the assent of the Governor **is** **hereby**

published for' general information.—

3

ASSAM ACT XV OF 1975

**(Received the assent** **of** **the** **Governor of** **Assam** **oa the 23rd**

day **October,** **1975)**

#### THE ASSAM KHADI AND VILLAGE INDUSTRIES
 BOARD (AMENDMENT)

 AN

**ACT**

#### Further to amend the Assam Khadi and Village Industries Board Act, 1955.

Preamble. Whereas it is expedient further to amend the Assam

#### Assam Khadi and Village Industries Board Act, 1955. Act hereinafter called the principal Act, in the manner "of
 hereinafter appearing; 1955


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