The Bodoland University Act, 2009
###### Registered No. 768/97

# THE ASSAM GAZETTE

### EXTRAORDINARY

#### PUBLISHED BY THE AUTHORITY

###### 82 f^ [r]r^5,[r] ri^K , 28 2009, 9 W 3^, 1930 (’TF)

 No. 82 Dispur, Saturday, 28th February, 2009, 9th Phalguna, 1930 (S.E.)

 GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT " LEGISLATIVE BRANCH

 NOTIFICATION

 The 27th February, 2009

 No.LGL.178/2008/68 The following Act of the Assam Legislative Assembly which
 received the assent of the Governor is hereby published for general information.

 ASSAM ACT NO. XI OF 2009

 (Received the assent of Governor on 19th February 2009)

 THE BODOLAND UNIVERSITY ACT, 2009


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###### ACT I

to establish and constitute a teaching and affiliating University at

Kokrajhar

Preamble Whereas it is expedient to establish and constitute a teaching, and affiliating
University at Kokrajhar;

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

Short title and
commencement 1. (1) This Act may be called the Bodoland University Act, 2009.

(2) It shall come into force on such date or dates 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) “Affiliated College” means a college other than a constituent or

recognized college, affiliated to the University and includes a college
deemed to be affiliated under section 5 ;

(b) “Affiliated Institution” means an institution other than a
constituent College or a recognized institution, affiliated to the
University and includes an institution deemed to be affiliated under
section 5;

(c) “Board of Studies” means a Board of Studies constituted
under section 25;

(d) “Constituent College” means a college established, maintained
or managed by the University;

(e) “Constituent Institution” means an institution, other than a college
established, maintained or managed by the University;

(f) “Court” means the Court constituted under section 15;

(g) “Department” means a department of the University and designated as
such by it, with reference to a subject or group of subjects of study in
the University;

(h) “Executive Council” and “Academic Council” mean the Executive
Council and the Academic Council constituted under section 17 and 19
respectively;

(i) “Finance Committee” means the Finance Committee constituted under
section 27;

(j) “Government College” means a college maintained and managed by the
State or Central Government;

(k) “Hall” means a unit of residence of the students maintained or
recognized by the University at which provision is made for imparting
tutorial and other supplementary instructions;

(l) “Head of Department” means Teacher-in-charge of a department and
designated as such by the university and includes any other person
designated as such by the University;


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by the University, other than a ball;

(n) “Post-graduate Board” and “Under-graduate Board” mean the Post
graduate Board and the Under-graduate Board constituted under
section 21 and 23 respectively;

(o) “Principal” means the Head of a teaching staff of a constituent, affiliated
or recognized college;

(p) “Recognized College” means a college other than a constituent college,
or affiliated college recognized by the University and includes a college
deemed to be recognized under section 5;

(q) “Recognized Institution” means an institution other than a constituent
or affiliated institution recognized by the University and includes an
institution deemed to be recognized under section 5;

(r) “Selection Committee” means the Selection Committee constituted
under section 29;

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

(t) “Statutes”, “Ordinance” and “Regulations” means, respectively, the
Statutes, Ordinances, and the Regulations of the University made

under this Act;

(u) “Teacher” means a Professor, a Reader or a Lecturer of the University or
a college whether constituent or affiliated, or any other person
imparting instructions or guiding research and designated as a teacher
by the University and includes a person recognized as a teacher by the
university; and

(v) “University” means the Bodoland University as constituted under this
Act;

The University 3. (1) The Chancellor, the Vice Chancellor, the Rector and the members of the

Court, the Executive Council, and the Academic Council so long as they
continue to hold such office or membership shall constitute a body
corporate by the name of “The Bodoland University”

(2) The University shall have perpetual succession and a common seal, and

shall sue and be sued by that name.

Powers of the
University 4. The University shall have the following powers, namely:-

(i) to provide for instruction (including correspondence courses) and

research in the humanities, science and technology, education,
medicine and other professional subjects and in other spheres of
learning and knowledge of a standard and thoroughness required and
expected of a university of the highest standing, and to secure the
advancement, diffusion and extension of knowledge in all spheres of
learning;

(ii) to establish within the University area or outside that area such field

stations and specialized laboratories and such other units for research
and instruction as are necessary for the furtherance of its objects;

(iii) to organize and to undertake extramural teaching and extension
services;

(iv) to hold examinations and to grant and confer degrees, diplomas,
certificates or other academic distinctions and to deprive of any
degrees, diplomas, certificate or distinctions granted to or conferred


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_t_ _j_

(v) to create such teaching, administrative and other post as the University
may deem necessary from time to time and to make appointments
thereto. All posts shall, however be created only with the prior approval
of the Government;

(vi) to appoint or recognize persons as Professors, Readers’ or Lecturers or
otherwise as Teachers of the University;

-r.

(vii) to institute and award fellowships, scholarships, exhibitions and prizes;

(viii) to establish and maintain colleges and halls, to recognize and supervise
colleges and halls not maintained by the University and other
accommodation for students, and to withdraw any such recognition;

(ix) to regulate and enforce discipline among students and employees of the
University and to take such disciplinary measures in this regard as may
be deemed necessary;

(x) to make arrangements of promoting health and general welfare of
students of the University;

(xi) to determine and provide for examinations for admission into the
University;

(xii) to affiliate with it or admit to any of its privileges or to recognize for any
purpose either in whole or in part, any college or institution or
members or student thereof, on such terms and conditions as may from
time to time, be prescribed, and to withdraw such affiliation, privileges
and recognition;

(xiii) to co-operate with any other University, Authority or Association or any
other Public or Private Body having in view the promotion of purposes
and objects similar to those of the University or appoint one or more
representatives of the University to act upon any such Body, Authority
or Association for such purposes as may be agreed upon, on such
terms and conditions as may, from time to time, be prescribed;

(xiv) to enter into any agreement for the incorporation in the University of
any other institution and for taking over its rights, properties and
liabilities and for any other purposes not repugnant to this Act;

(xv) demand and receive payment of such fees and other charges as may be
prescribed from time to time;

(xvi) to acquire, hold, manage and dispose of any property movable or
immovable, including trust or endowed property within or outside the
University area, for the purposes or objects of the University, and to
invest any funds representing such property in such manner as the
University thinks fit;

(xvii) to borrow with the approval of State Government, on the security of the

University property, money for the purposes of the University; and

(xviii) to do all such other acts and things, whether incidental to the powers

aforesaid or not, as may be requisite in order to further the objects of
the University.

Jurisdiction 5 (1) Save as otherwise provided in this Act, the powers of the University

conferred by or under this Act shall extend to the area of the Bodoland ([ i]

Territorial Council and to such other areas and colleges, institutions
and other bodies beyond this territorial limit to which any or all of the
powers of the University may be extended by it, with the previous
approval of the State Government.


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(2) From the date on which this Act comes into force the Gauhati University

shall cease to exercise its jurisdiction over all the colleges and institution
affiliated to or recognized by it and lying within the to the area of the
Bodoland Territorial Council and the Bodoland University shall exercise
authority and jurisdiction over them from the aforesaid date, as if they
were affiliated to, or recognized by the Bodoland University from the
aforesaid date.

University 6. The University shall be open to all persons irrespective of sex,
open to all race, caste, or creed and it shall not be lawful for the University to
classes, castes adopt or impose on any person any test whatsoever of religious belief
and creeds or profession in order to entitle him to be admitted thereto as a teacher

or as a student, or to hold any office therein, or to graduate or to enjoy
or exercise any particular benefaction accepted by the University, where
such test is made a condition thereof by any testamentary or other
instrument creating such benefaction.

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

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Rector;

(iv) the Registrar; and

(v) such other persons in the service of the University as may be
declared by the statutes to be the officers of the University.

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

University.

(2) The Chancellor, when present, shall preside at any meeting of the

Court and at any convocation of the University.

Powers and duties
of the Chancellor 9(1) The Chancellor shall have the right to cause an inspection to be

made by such person or persons as he may direct of the affairs and
properties of the University of the colleges, institutions and bodies
maintained by the University and also of the examinations, teaching
and other works conducted or done by the University, its officers and
authorities, and to cause an enquiry to be made in the like manner in
respect of all or any of the matters aforesaid and of any other matter
connected with the University.

(2) The Chancellor shall in every such case give notice to the Executive

Council of his intention to cause an inspection or enquiry to be made,
and the Executive Council shall be entitled to appoint a representative
who shall have the right to be present and heard at such inspection or

enquiry.

(3) The Chancellor may address the Vice-Chancellor with reference to the

result of such inspection or enquiry and the Vice-Chancellor shall
communicate to the Executive Council the views of the Chancellor with
such advice as the Chancellor may offer on the action to be taken
thereon.

(4) The Executive Council shall communicated through the Vice-
Chancellor to the Chancellor such action, if any, as it is proposed to take
or has been taken on the result of such inspection or enquiry and the
advice of the Chancellor.


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(5) When the Executive Council does not within a reasonable time, take
action to the satisfaction of the Chancellor, the Chancellor may after
considering any explanation furnished or representation made by the
Executive Council, if any, issue such directions as he may think fit and the
Executive Council shall be bound to comply with such directions.

(6) Expenses that may be incurred in connection with such inspections or

enquiries and certified as such by the Chancellor, shall be a charge on the
University.

(7) The Chancellor as head of the University 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
authorities so suspended in such manner and for such a period as deemed
fit and reasonable by him.

The 10.(1) The Vice-Chancellor shall be appointed by the Chancellor on
Vice-Chancellor the recommendation of an Advisory Board constituted by the

Chancellor for the purpose and consisting of three members of whom
one member shall be nominated by the State Government, one member
to be nominated by the Chancellor and one member to be elected by the
Executive Council. The Chancellor shall also appoint one of them as
Chairman of such Advisory[7] Board.

(2) The Advisory Board shall recommend a panel of names of three persons

to the Chancellor who may appoint one of the persons recommended to
be the Vice-Chancellor. If the Chancellor does not approve any of the
person recommended by the Advisory Board, he may call for a fresh
recommendation.

(3) The Vice-Chancellor shall be a whole time officer of the University who

shall hold office for a period of five years and shall be eligible for re­
appointment:

Provided that notwithstanding the expiry of the

aforesaid period of five years, he shall continue in office until his
successor is appointed and enters upon his office.

(4) The emoluments and other terms and conditions of service of the Vice-

Chancellor shall be determined by the Chancellor:

Provided that the salary of the Vice-Chancellor shall

not be less than Rs. 25,000/- per mensem including all allowances.

(5) Whenever there is any temporary vacancy in the office of the Vice-

Chancellor by reasons of leave, illness or other cause, the Chancellor
shall make such other arrangements as he may think fit for exercising
the powers and performing the duties of the Vice-Chancellor during the
absence. The Chancellor shall determine the emoluments or allowances
payable to a person temporarily appointed to exercise the power and
duties of the Vice-Chancellor.

11. (1) The Vice-Chancellor shall be the principal executive and Academic Officer

Powers and

o f the University. He shall be the ex-officio Chairman o f the Executive Council,

Duties of the

the Academic Council, the Post-graduate Board, the Under-graduate Board, the

Vice-Chancellor.

Finance Committee and the Selection Committee and shall, in the absence o f the
Chancellor preside at all meetings o f the Court and over the Convocation to confer

degrees. He shall be entitled, to be present at and to address any meeting o f any
authority or Committee o f the University.


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(2) The Vice-Chancellor shall see that this Act, the Statutes, the

Ordinance and the Regulations are duly observed and he shall
have all powers for that purpose.

(3) The Vice-Chancellor shall have the powers of convening the meeting

of the Court, the Executive Council, the Post-graduate Board, the

Under Graduate Board, the Finance Committee and the Selection

Committee, whenever he finds it necessary and for that purpose direct
the Registrar to convene such meeting at the time and place to be
determined by the Vice-Chancellor and the Registrar shall be bound to
comply with that direction.

(4) If in the opinion of the Vice-Chancellor an emergency has arisen which

requires immediate action to be taken, the Vice-Chancellor shall take
such action as he deems necessary and shall report the same to the
authority or committee which in the ordinary course would have dealt
with the matter.

Provided that where any such action taken by the Vice-

Chancellor affects the services or emoluments of any person in the
service of the University, such person shall be entitled to prefer within
thirty days from the date on which he received notice of such action, an
appeal to the Executive Council, whose decision shall be final.

(5) The Vice-Chancellor shall exercise general control and supervision over

the affairs of the University and shall give effect to the decisions of the
Authority of the University.

(6) All powers relating to the proper maintenance of discipline in the
University shall stand vested in the Vice-Chancellor.

(7) The Vice-Chancellor shall exercise such other powers as may be
prescribed by the Statutes or the Ordinances and shall perform
such other acts as may be necessary to carry out or further the
provisions of this Act, the Statutes or the Ordinances.

Rector 11. A The Rector shall be appointed by the Chancellor on the

recommendation of the Vice-Chancellor on such emoluments and
allowances as may be fixed by the Executive Council. He shall hold
office for a term of two years and shall be eligible for re-appointment

11. B The Rector shall exercise and perform such powers and duties of the
Vice-Chancellor as may be delegated to him by the Vice-Chancellor.

Registrar 12. (1) The Registrar shall be whole time salaried officer of the University. The

terms and conditions of the service of the Registrar shall be such as
may be prescribed by the Ordinances.

(2) The Registrar shall be Secretary of the Court, the Executive Council, the
Academic Council, the Post Graduate Board, the Under Graduate
Board, the Finance Committee and the Selection Committee but shall
not be deemed to be a member of any of these authorities except that of
the Court.

13. The powers and duties of the Registrar shall be the following,

Powers and

namely :-

Duties of the
Registrar.

(a) to be the custodian of the records, the common seal of the
University and such other properties of the University as the
Executive Council shall commit to his charge;


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(b) to conduct the official correspondence of the Court, the

Executive Council, the Academic Council, the Post-Graduate
Board, the under-Graduate Board, the Finance Committee and
the Selection Committee;

(c) to issue all notices convening meeting of all Authorities and

Committees of which he is the Secretary, to keep minutes of

meeting of all such Authorities and Committees.

(d) to arrange for, superintend and conduct all examinations held

by the University, as directed by the Examination Board;

(e) to sign and to verify all contracts and agreements made on

behalf of the University;

(f) to exercise general supervision over the funds of the University and to

advise the Executive Council and the Finance Committee in regard to
the financial policy of the University;

(g) to manage, subject to the control of the Executive Council, the property
and the investments of the University;

(h) to prepare and to present to the Executive Council, the annual
report of the working of the University, the annual statement of
accounts and the budget of the University for the next financial
year, and to maintain properly the accounts of the University;

(i) to receive payment of all fees and charges payable to the University;

(j) to perform such other work as may, from time to time, be assigned to
him by the Executive Council, or the Vice-Chancellor, and

(k) to make appointments to ministerial and Grade. IV posts of the

University.

Authorities of 14. The following shall be the authorities of the University:—

the University

(i) the Court;

(ii) the Executive Council;

(iii) the Academic Council;

(iv) the Post- Graduate Board;

(v) the Under-Graduate Board;

(vi) the Board of studies;

(vii) the Finance Committee;

(viii) the Selection Committee; and

(ix) such other authorities as may be declared by the Statutes to be
the authorities of the University.

The Court 15. (1) The Court shall consist of the following persons, namely:-

A - Ex-officio Members

(i) the Chancellor;

(ii) the Vice-Chancellor;


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(iii) the Rector;

(iv) the Registrar;

(v) the Secretary, to the Government of Assam in the Higher Education
Department;

(vi) the Director of Higher Education, Assam;

(vii) the Director of Medical Education, Assam;

(viii) the Director of Technical Education, Assam;

(ix) the Secretary, Education of any other State to which the jurisdiction of
the University may extend;

(x) the Director of Higher Education of any other State or States, to which
the jurisdiction of the University may extend;

(xi) the Principals of Jorhat Engineering College and Assam Medical College;

(xii) the Vice-Chancellor of the Gauhati University and Dibrugarh University;

(xiii) one-third of the principals of Degree Colleges affiliated to the University
at a time by election from amongst themselves and shall retire after every
three years in the manner prescribed by the Statutes;

(xiv) ten Heads of Departments and Professors of the University being allotted
faculty-wise by rotation to be decided by the Executive Council;

B - Other Members

(xv) persons not exceeding ten in number, nominated by the Chancellor from
among the donors, each of whom has contributed a sum of rupees five
lakhs or more to the University;

(xvi) seven persons elected by the members of the Assam Legislative Assembly
from among themselves;

(xvii) two members of the Board of Secondary Education, Assam, elected by the

aforesaid Board;

(xviii) ten persons to be elected by the teachers, other than the heads of

Departments and Professors of the Departments of the University and the
principals of the constituent and affiliated Degree Colleges from among
themselves;

(xix) ten persons distinguished in Literature, Law, Medicine, Engineering,
Technology, Industry, Commerce -and Public life nominated by the

Chancellor;

(xx) two persons to be nominated by the Chancellor from amongst those
whose interests are not otherwise represented;

(xxi) (a) seven representatives to be elected by the post-graduate Students
from amongst themselves:

Provided that a student to be so elected must have been a

student of the University for at least one year prior to his election:


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year in excess of the period prescribed for the course of which he is a

student would be eligible for such election.

(b) two representatives to be elected by the Law Students of the
University from amongst themselves;

Provided that a student to be so elected must have been a

student of the University for at least one year prior to his election:
Provided further that no student who has taken more than one year in
excess of the period prescribed for the course of which he is a student
would be eligible for such election.

(xxii) two Registered Graduates to be elected by the Registered Graduates of

the University who are not employee of the University or the affiliated
colleges.

(2) On dates to be fixed by the Vice-Chancellor the Court shall meet at least

twice a year at the interval of about 6 months. The first meeting in the
year is to be called and treated as the Annual General Meeting, in which
the annual statement of accounts, the audit report and the budget of the
University for the next financial year, together with the views of the
Executive Council shall be presented.

(3) The Vice-Chancellor may whenever he thinks fit, and shall, upon

requisition in writing signed by not less than one-third of the members of
the Court, convene a special meeting of the Court.

Powers and 16. Subject to the provisions of this Act, the Court shall have the following
duties of the powers and duties, namely : -
Court

(a) to review, from time to time, the broad policies and programmes of the
University, and to suggest, measures for the improvement and
development of such policies, programmes, works and other affairs,

(b) to consider the annual report, the annual statement of accounts, the

audit report and the budget of the University for the next financial year,

(c) to approve the budget, with modification, if any, to express its views on
the annual report, the statement of accounts and the audit report and
to suggest such measures as it may deem proper on the matters
covered by them,

(d) to approve with or without modifications, the Statutes submitted by the
Executive Council:

Provided that before making any modifications to the Statutes

submitted by the Executive Council, the Executive Council shall be given
an opportunity to consider the modifications proposed by the Court and
the Court shall consider the opinion expressed by the Executive Council
on such modifications.

The Executive 17. The Executive Council shall be the Chief Executive Body of the
Council University and shall consist of the following persons, namely:-

(i) the Vice-Chancellor;

(ii) the Rector;

(iii) the Director of Higher Education, Assam;

(iv) the Director of Technical Education, Assam;

(v) the Director of Medical Education, Assam;

(vi) the Chairman, Board of Secondary Education, Assam;

(vii) two Heads of Departments of the departments of the University who are
professors, to be chosen by the Vice-Chancellor by rotation for a period of
three years according to seniority;

(viii) two Principals of Non-Government affiliated Degree Colleges to be elected


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(X) four members of the court, other than the employees of the University or
affiliated or recognized Degree Colleges or institutions elected by the
court at its Annual General Meeting;

(Xi) two persons, of whom at least one shall be woman, nominated by the
Chancellor;

(xii) two persons nominated by the State Government of Assam;
(xiii) one Dean of Faculty to be chosen by the Vice-Chancellor from the Deans

of Faculties of the University for a period of three years by rotation
according to seniority.

Powers and duties 18. Subject to the provisions of the Act, and the Statutes, Executive
of the Executive Council shall have the following powers and duties, namely:-
Council

(a) to institute and confer degrees, titles, diplomas, certificates and other

academic distinctions to be conferred on the basis of Examinations and to
withdraw any such degree, title, diploma, certificate or other academic
distinctions previously conferred, after considering the recommendations,
of the Post-Graduate Board, and the under-graduate Board, as the case
may be;

(b) to institute and confer honorary degrees or other academic distinctions and

to withdraw such degrees or academic distinctions previously conferred
after considering the recommendations of the Post-Graduate Board and the
Under-Graduate Board, as the case may be;

(c) to institute fellowship, scholarships, prizes and other awards and to

withdraw any such fellowship, scholarship, prize or other award previously
awarded, after taking into consideration the recommendations of the Post-
Graduate and the Under-Graduate Board, as the case may be;

(d) to institute professorships, readerships, lecturerships and other posts of

teachers required by the University and to recognize persons as teachers of
the University, after taking into consideration the recommendations of the
Post-Graduate Board and the Under-Graduate Board, as the case may be;

(e) to create administrative, ministerial and other posts, as may be necessary;

(f) to appoint from time to time, the officers and teachers of the University, the

Principals and Teachers of constituent colleges; the Librarian of the
University library and the holders of the administrative posts of the
University, after considering the recommendations of the Selection
Committee and other committees, as the case may be constituted for the
purpose;

(g) to make provision for the emoluments, duties, and terms and conditions of

service of the teachers of the University and the employees of the
constituent colleges after taking into consideration the recommendations of
the Post-Graduate Board and he Under-Graduate Board in this regard as
the case may be;

(h) to establish, maintain and manage colleges, institutions, departments,

laboratories, museums, halls and hostels;

(i) to affiliate colleges and institutions not established, maintained or

managed by the University and withdraw such affiliations;

(j) to constitute an examination Committee and to arrange for holding of

conduction and publishing the results of University Examinations. The
constitution, powers and duties of the Examination Committee will be
determined by an Ordinance;

(k) to recognize libraries, laboratories, museums, halls and hostels not

established, maintained or managed by the University and to withdraw
such recognition;


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(l) to determine the form and to regulate the use of the common seal of the

University;

*r

(m) to take, receive purchase or sold property movable or immovable, and to

grant, demise, alienate, transfer or otherwise dispose of or administer or
manage any such property for the purpose of the University under this Act;

(n) to place before the Court, the Annual Report of the working of the

University, the Annual Statement of Account, the Budget of the University
for next financial year, the audit report on the annual statement of account
together with the views of the Executive Council upon them for
consideration and necessary action;

Provided that the budget shall not be

submitted to the Court unless the Finance Committee has previously
examined the same, and the Executive Council has considered the advice
and suggestions of the Finance Committee;

(o) to make allocations of funds to different bodies after considering the

recommendations of the Post-Graduate Board and the Under-Graduate
Board in this regard, as the case may be; and

(p) to exercise all other powers of the University for exercise of which no

specific provision has been made in this Act or in the Statutes.

Academic 19. The Academic Council shall consist of the following members, namely: -

Council

(1) the Vice-Chancellor;

(2) the Rector;

(3) all professors and Heads of Departments of the University departments
and principals of the constituent colleges;

(4) ten teachers of the affiliated degree colleges representing different
subjects to be elected from amongst themselves:

Provided that a teacher so elected shall hold office for a

period of two years from the date of his election;

(5) The Principals of the Engineering, Medical Colleges lying within the
territorial limits of the University;

(6) six Professors nominated by the Vice-Chancellor from the professional
colleges to be specified by the Statute;

(7) six persons, who may or may not be teachers, nominated by the Vice-
Chancellor;

(8) the Director of Higher Education, Assam;

(9) the Director of Medical Education, Assam;

(10) the Director of Health Services, Assam;

(11) one Education Officer of the Board of Secondary Education, Assam, to be
nominated by the Chairman of the aforesaid Board;

(12) the Director of Technical Education, Assam.

Powers and 20. Academic Council shall have the following powers and duties, namely:-

Duties of the
Academic

(a) to determine and specify from time to time the branches of study in which

Council

provisions for instructions, research and for advancement and

dissemination of knowledge are to be made;

(b) to approve, and when necessary revise, with or without modifications, the

pattern of courses and the examinations to be held, after considering the
recommendations of the Examination Committee, the Post-Graduate Board
and the Under-Graduate Board, as the case may be;

(c) to approve the conditions for admission of students to Post-Graduate and

Under Graduate courses, with or without modifications after considering
the recommendations of the Post-Graduate Board and the Under-Graduate
Board, as the case may be;


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(d) to supervise the University library;

(e) to give such directions and to suggest such measures, as it may think fit,

to the post-Graduate Board, the Under-Graduate Board, and the Board of
Studies, on any matter affecting the academic work of the University, to
consider the views expressed by the said Boards on the measures
suggested and to take such decisions as it may think fit;

(f) to receive the proceedings of the meeting of the Post-Graduate Board, the

Under-Graduate Board and the Examination Committee and to make such
recommendations to the Boards or Committee concerned thereon, as it
may think fit.

Post-Graduate 21. The Post-Graduate Board shall have the following members, namely:-
Board

(1) the Vice-Chancellor;
(2) the Rector;
(3) six persons from amongst the Professors and heads of Departments of

Post-Graduate Departments of the University and the heads of
Department of the constituent colleges elected by the Academic Council;

(4) two members of the Academic Council who are not Professors or Heads of

Department of the University, or of Constituent Colleges, elected by the
Academic Council;

(5) four persons who may or may not be professors of the University to be

nominated by the Vice-Chancellor; and

(6) one member of Examination Committee to be nominated by the Vice-

Chancellor.

22. Subject to the provisions of this Act, the Statutes and the Ordinances,

Powers and

the Post-Graduate Board shall have the following powers and duties,

duties of the

namely:-

Post- Graduate
Board

(a) to recommend to the Academic Council, the pattern of post-graduate

courses, the examinations to be held for such courses, and for their
revision;

(b) to approve the curricula and syllabi for the Post-graduate courses and to

. modify them when necessary, after considering the recommendations of

the Boards of Studies;

(c) to recommend to the Executive Council for the institution and award of

fellowships, scholarships, prizes, honorary degrees and other awards or
other academic distinctions and for the institution and conferring of
degrees, diplomas, titles, certificates and other academic distinctions in the
Post-graduate courses on the basis of examinations and for the withdrawal
thereof;

(d) to make recommendations to the Executive Council for the institution of

Professorships, Readerships, Lecturerships, or other posts of teachers
required for the Post-graduate courses and for the recognition of persons
as teachers of the Universify for such courses, and regarding their
emoluments duties, and terms and conditions of their services;

(e) to recommend to the Academic Council the conditions for the admission of

students to Post-graduate courses, and to make regulations for their
attendance and progress;

(f) to make Regulations in regard to the residence, discipline of students in

the departments and the constituent colleges, and institutions imparting
Post-graduate courses and for the promotion of their health and welfare;


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(g) to make recommendations to the Executive Council regarding the

allocation of funds to the Post-Graduate Departments and constituent

colleges and institutions engaged in instruction in Post-graduate courses
or research, and to the libraries, laboratories, museums established by the
University;

(h) to review the works of the Post-graduate Departments and colleges and

institutions engaged in instruction in Post-graduate courses and research
and to call for report thereon, and to take all steps necessary for the
improvement of standard of research and teaching and other affairs
therein;

(i) to consider the measures suggested by Academic Council on any matter

affecting the academic work of the University and to express its views on
them, to consider any matter referred to it by the Executive Council or the
Academic Council and to submit reports thereon to the Executive Council
or the Academic Council, as the case may be;

(j) to approve the panels of the examiners for Post-Graduate Examinations,

with or without modifications, after considering the recommendations of
the Boards of Studies and to modify the same at any time after
consultation with the Boards of Studies concerned;

(k) to promote research within the University and to make regulations

governing research degrees; and

(l) to appoint committees, and to fix their terms of reference, in regard to any

matter within the jurisdiction of the Post-Graduate Board.

Under-Graduate 23. The Under-Graduate Board shall consist of following members,
Board namely: -

(1) the Vice-Chancellor;

(2) the Rector;

(3) three persons from among the professors and the Heads of
Departments of the Department of the University and of the Constituent

Colleges elected by the Academic Council;

(4) six Principals, including at least three from professional colleges,
elected by the Academic Council from amongst its own members;

(5) three persons who may or may not be members of the Academic
Council, nominated by the Vice-Chancellor;

(6) ten persons to be elected from amongst the teachers of affiliated
colleges; and

(7) one member of the Examination Committee to be nominated by the
Vice-Chancellor.

Powers and 24. Subject to the provisions of this Act, the Statutes and the Ordinance,
duties of the the Under-Graduate Board shall have the following powers and duties,
Under-Graduate Namely:-
Board

(a) to recommend to the Academic Council the pattern of courses and

examinations for the Under-Graduate courses and the revision thereof;

(b) to make recommendations to the Executive Council for the institutions of
professorships, readerships, lecturerships or other-posts of teachers required
for the Under-Graduate courses in the University and the constituent colleges
and for the recognition of persons as teachers of the University for such
courses and regarding their emoluments, duties and terms and conditions of
services;
(c) to make recommendation to the Executive Council for the award of

scholarships, prizes and other awards and for the conferment of degrees,
diplomas, titles, certificates and other academic distinction in the Under-
Graduate Courses;


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(d) to approve the curricula and syllabi for the Under-Graduate courses and

to modify them when necessary after considering the recommendations of
the Boards of Studies concerned;

(e) to make recommendations to the Executive Council regarding the

allocation of funds to the constituent colleges and institutions and to the
departments imparting instructions in Under-Graduate courses;

(f) to review the work of the under-graduate departments and colleges and

institutions imparting instructions in Under-Graduate courses, to call for
reports thereon and to take steps necessary for the improvement of the
standard of teaching and other affairs therein;

(g) to recommend to the Academic Council the conditions for the admission

of students to Under-Graduate courses and to make Regulations for their
attendance and progress;

(h) to approve the panels of examiners for Under-Graduate examinations, with

or without modifications, after considering the recommendations of the Board
of Studies and to modify the same at any time after consultation with the
Board of Studies;

(i) to make Regulations in regard to the residence, health and discipline of the
students in Under-Graduate courses;

(j) to consider the measures suggested by the Academic Council on any

matter affecting the Academic work of the University and to express its views
on them, to consider any matter referred to it by the Executive Council or the
Academic Council and to submit report thereon to the Executive Council or
the Academic Council, as the case may be; and

(k) to appoint Committees, and to fix their terms of reference, in regard to any
matter within the jurisdiction of the Under-Graduate Board.

Board 25. (1) There shall be a Board of Studies in each main branch of study. Those
of Studies branches shall be specified, and when necessary modified by the Academic

council.

(2) Each Board of Studies shall consist of the following members, namely: -

(i) Chairman - A Professor or Head of Department of the University in

the branch concerned, nominated by the Vice-Chancellor;

(ii) three persons with qualifications in the branch of study elected by the

Academic Council;

(iii) one expert consultant, not connected with the University nominated by

the Chairman with approval of the Vice-Chancellor;

(3) Subject to the previous approval of the Vice-Chancellor, the Board may
consult other expert or experts when necessary on any matter within its
field.

Powers and

26. Subject to the provisions of this Act, the Statutes and the

duties of the

Ordinances, each Board studies shall have the following powers

Board of

and duties, namely:-

Studies

(a) to make recommendations to the Post-Graduate or the Under-Graduate

Board, as the case may be, about the pattern of courses, curricula and
syllabi to be laid down for different courses and the examinations to be
held for such courses and to make recommendations for revision of
courses, syllabi, curricula and examinations in so far as they relate to the
field of the particular branch of study;


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(d) to prepare, and when necessary revise, the panels of examiners fq? the

different examinations, for submission to the Examination Committee; and

(e) to consider any other matter referred to it by the Post-Graduate or Under-

Graduate Board, the Academic Council or the Executive Council, as the
case may be, and to submit a report to the authority concerned upon the
matter so referred;

Finance 27. There shall be a Finance Committee of the University consisting of the

Committee following members, namely: -

(i) the Vice-Chancellor, as the President;

(ii) two members elected by the Court from amongst its members;

(iii) two members elected by the Executive Council from amongst its
members; and

(iv) two members to be nominated by the State Government, one from the
Finance and the other from the Education Department.

Powers and 28. The Finance Committee shall have the following powers and duties, namely:-

duties of the
Finance
Committee.

(i) to examine the annual budget estimates and to give advice and suggestions
to the Executive Council thereon;

(ii) to make recommendations to the Executive Council relating to the Finance

of the University;

(iii) to examine every proposal for new expenditure involving a sum of money

exceeding rupees ten thousand and to advise the Executive Council thereon;

(iv) to review the financial position of the University periodically;

(v) to suggest in general the means for the improvement of the financial

position of the University;

(vi) to consider and recommend revision of grades of pay and the grades of pay

of new posts to the Executive Council; and

(vii) to deal with such other matters relating to the financial matters of the

University as may be prescribed by the Statutes and the Ordinances.

Selection 29 (1) (a) There shall be a Selection Committee for making recommendations,

Committee to the Executive Council for the appointment of Professors, Readers,

Lecturers, Registrar, Treasurer, Librarian and other Officers of the
University as may be provided by the Statutes consisting of the following
members, namely:-

(i) the Vice-Chancellor as Chairman of the Selection Committee;

(ii) three persons, not holding any office of profit under the University - one

to be nominated by the Chancellor, one to be nominated by the State
Government and other to be nominated by the Executive Council;

(iii) the Registrar shall be the Member-Secretary of the Selection Committee ,

except for the Selection Committee for the appointment of Registrar in
which case the Vice-Chancellor shall nominate one person as Member-
Secretary in consultation with the Executive Council;


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University, the Selection Committee shall co-opt the Head of Department
concerned, if he is a professor, one Professor of the Department to be
nominated by the Vice-Chancellor and three persons not in the service of
the University to be nominated by the Executive Council out of a panel of
not less than five names of persons recommended by the Academic
Council, who have special knowledge of the subject for which the Professor
is to be selected;

(c) In making recommendations for the appointment of Readers or

Lecturers and other teachers of the University the Selection Committee
shall co-opt the Head of the Department concerned, one Professor of the
Department 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, who have
special knowledge or interest in the subject for which the Reader or
Lecturer is to be selected:

Provided that, which the Executive Council proposes to make an

appointment otherwise than in order of merit arranged by the Selection
Committee in the posts 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
reconsideration, if the Executive Council desires to pursue its original
proposal it shall refer the matter again to the Chancellor for his decision
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 Executive Council, the Executive
Council shall record its reasons in writing for not accepting the
recommendation and direct the Registrar to advertise the vacancy again
and convene a meeting of the Selection Committee for making fresh
recommendation and in so doing communicate to every member of the

Selection Committee the reasons recorded above;

(d) Where an appointment is to be made to a temporary vacancy of

teachers of the University, the appointment shall be made, if the vacancy is
for a period of one year or more, on the recommendation of the Selection
Committee in accordance with the provision of the preceding sub-sections
and no ad-hoc appointment shall be made by the Executive Council.

(2) If a member of the Selection Committee is unable to attend, he may

send his opinion in writing to the Vice-Chancellor and such opinion
shall be taken into consideration by the Selection Committee in
making its recommendations.

Explanation: For the purpose of this Section, the co-opted members
shall be deemed to be members of the Selection Committee for the
purpose for which they are co-opted.

(4) The Executive Council shall constitute one or more Committees for making

recommendations to the Executive Council for appointment to other
administrative posts and may prescribe by Ordinance the procedure and
methods to be followed in making such recommendations.

29.A.Students Advisory (1) There shall be a Students’ Advisory Council, which shall consist of
Council the following 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, Ex-Officio Treasurer;
(iii) President, Vice-President and Secretary of the University Post-Graduate


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(iv) President and Secretary of the University Law Students’ Union;
(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-Chancellor, namely: -

(1) Games and Sports;

(2) National Service Schemes;

(3) National Cadet Corps;

(4) Cultural activities;

(5) National Discipline Scheme;

(viii) four lady students to be nominated by the Vice-Chancellor;

(ix) the Director of Sports and Physical Education, if any;

(x) the students members of the Students’ Advisoiy Council shall

elected 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’ Advisoiy 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 by the Statutes:

Provided that no student shall be eligible to be or continue to be a

student members of the Students’ Advisory Council unless he is enrolled as
a student or after he attains the age of twenty-five years. A student member
shall cease to be such member if he fails to pass at the next University
Examination.

(4) The functions of the Students’ Advisory Council shall be as follows,

namely:-

(i) to make recommendations to the Executive Council and the Academic

Council in the matters affecting the students, corporate life of the University

in so far as it concerns the students and the co-curricular and extra­
curricular activities in the University and the Degree College affiliated to the
University;

(ii) all rules affecting study, 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 Students’ Advisoiy
Council for its views before any decision is taken by the Executive 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;

(iv) the Chairman of the Students’ Advisory Council shall be the authority to

decide whether a matter does or does not concern the students;

(v) the Students’ Advisoiy Council shall frame its own rules of business and

shall submit the same to the Executive Council for consideration and

approval;


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University 30. (1) The University shall have a fund to be known as “The Bodoland

Funds University Fund” to which shall be credited all its income, fees, fines,

contributions, donations, loans and advances from any other sources.

The University may also create by Ordinance made in this behalf, one or more
separate special funds for the administration of endowments,

trusts or other grants for specific purposes.

(2) The State Government shall for the purposes of this Act, contribute annually

to the University Fund a sum not less than rupees forty lakhs to meet the
recurring charges of the University

Accounts 31. (1) The Statement of accounts of every completed financial year shall be placed

and Audit for consideration of the Court together with the Audit Report in the next year.
For this purposes the account shall be audited by a firm of chartered
accountants subject to overall audit scrutiny by the Accountant General,

(2) Such annual statement of accounts shall, together with copies of the audit
report thereon, be submitted, through the executive council, to the Court
and to the state Government and thereupon the State Government may
publish the same in the official Gazette.

(3) The Finance Committee of the University shall conduct quarterly internal
audit and the report of such audit shall be submitted to the State
Government regularly.

(4) Notwithstanding anything contain hereinbefore, the State Government shall
have power when deemed necessary to order and audit of the accounts of the
University including those of the institutions managed by it by such auditors
as it may direct.

(5) The annual budget estimates, referred to in Section 16 (b) shall after these
are finalized by the Executive Council be circulated to the State Government,
Chancellor and all members of the Court at least fifteen days before they are
submitted to Court.

Statutes 32. (1) Subject to the provision of this Act and with the approval of the Court,

Executive Council may make Statutes for the purposes of carrying out
the provision of this Act, and in respect of all matters which are
required to be or may be provided for the Statutes.

(2) Without prejudice to the generality of the proceding sub-section, such Statutes

may provide for all or any of the following matters, ndmely:-

(i) declaration of persons in the service of the University to be officers of the

University;

(ii) appointments, powers, duties and terms and conditions of service of the officers

other than the chancellor and of the holders of the other posts of the University
in so far as these have not been specifically provide for in this Act;

(iii) establishment and declaration of Authorities of the University;

(iv) constitution, powers and duties of the authorities and Committees of the

University of the members thereof, in so far as these have not been specifically
provided for in this Act.;

(v) terms and conditions for the institution and award of fellowship, scholarship,

prizes, degrees, honorary degrees, titles, diplomas, certificates, other academic
distinctions and awards and for their withdrawals;

(vi) the terms and conditions of affiliating colleges and recognized institutions, not

established, maintained or managed by the University and the terms and
conditions for recognizing libraries, laboratories, museums, halls and hostels,
not established or maintained by the University and the conditions for the
withdrawal of such affiliation and recognition and matters relating to the
privileges to be enjoyed by the such colleges and institutions and other bodies,

**affiliated or recognized:**


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Provided that no Statutes relating to the management of the Degree

Colleges and Halls and the conditions of services of the employees shall apply to
the Government Colleges and the Government aided colleges in respect of which

the state Government shall make necessary rules in consultation with the
University. No new colleges shall be given permission or affiliation by the
University without prior concurrence of the State Government and that the
University shall have no jurisdiction to permit and affiliate new Pre-University
Class or College;

(vii) the procedure to be followed in inspections or investigations or caused to be

made by the Executive Council into the affairs of Colleges, institutions and
other bodies, whether constituent, recognized or affiliated, and the manner in

which the Executive Council is to exercise its general control and supervise over
them.

(3) Any member of the Court may propose to the Court the draft of any Statute

and the Court may refer any such draft to the Executive Council and the
Executive Council shall consider the same and submit the draft with its
recommendation.

(4) Notwithstanding anything contained in this section, the Executive Council

shall not submit the draft of any Statute affecting the powers, duties and
constitution of any authority of the University unless such authority has been
given an opportunity to express its opinion in respect of the matters and unless
the Chancellor has given his approval to the Executive Council to submit the
draft to the Court.

(5) Every new Statute or addition to the Statute or any amendment or repeal of the

Statute shall require the previous approval of Chancellor who may sanction,
disallow or remit it for further consideration.

Ordinances 33. (1) Subject to the provisions of this Act and Statutes, the Executive Council may

make Ordinances for the purposes of carrying out the Statutes and in respect
of all matters which by this Act or by the Statutes are required to be or may
be provided for by Ordinances.

(2) Without prejudice to the generality of the preceding sub-section, such

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

(a) admission of students to the departments, colleges, institutions
and other bodies whether constituted, affiliated or recognized, and courses of
study for all Degrees and Diplomas;

(b) the rules and procedures for holding election to the Court, the Executive
Council, Academic Council and other authorities and bodies of the University
and for determining the seniority of persons for the purpose of choosing of
member by rotation to different authorities of the University;

(c) fees to be charged for different courses of study in the departments and for

the admission of students to the examinations conducted by the University;

(d) creation of Provident Fund or other Funds for the benefit of the employees
of the University;
(e) exercising Academic control and supervision over colleges, institutions and
other bodies whether constituent, affiliated or recognized; and

(f) investigations or enquiries to be made by the Executive Council under this
Act.

(3) Not withstanding anything contained in the preceding sub-sections,

no Ordinances shall be made affecting the conditions of the mode of
appointment and the duties of examiners or the conduct or standard of
examinations or any course of study unless a draft of such Ordinance has
been considered by the Academic Council on being referred to it by the
Executive Council and unless the Executive Council has considered the
opinion of the Academic Council.


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Regulations 34. (1) Subject to the provisions of this Act, Statutes and Ordinances, each

of the Authorities of the University may make Regulations consistent with this
Act, the Statutes and the Ordinances, for the purpose of carrying out the
duties and for exercising the powers assigned to the Authority concerned
under this Act, the Statutes and the Ordinances.

(2) Without prejudice to the generality of the preceding sub-section such
regulations may provide for all or any of the following matters, namely: -

(a) the procedure to be observed at the meeting of the authority concerned

and number of members required to form a quorum;

(b) all matters which are required to be prescribed by the regulations under

this Act, Statutes or the Ordinances;

(c) all matters solely concerning the authorities concerned and not otherwise

       -

provided for by or under this Act, the Statutes or Ordinances.

(3) Notwithstanding anything contain in the preceding sub-sections the
Executive Council may direct except the Court to make such amendments and
annulments of any regulations framed by the authority in such manner as it
may specify:

Provided that any Authority which is dissatisfied with such

directions of the Executive Council may appeal to the Chancellor and the
decisions of the Chancellor given on the appeal shall be final.

Acts or proceedings 35. No act or proceeding of the University or of any authority or
not to be invalid Committee of the University shall be invalid merely by reason
by reason of certain of the existence of any vacancy or vacancies among its members
irregularities or by reason of the invalidity of the election, nomination,

appointment of any of its members or by reason of any
irregularity in the manner of choosing a member.

Chancellor’s 36. Whenever any question arises as to whether any person has been
decision to be duly elected, appointed, chosen or nominated as, or is
final in certain entitled to be, a member of any Authority or Body of the
matters. University of whether any decision of any of the Authorities

or of the Vice-Chancellor of the University is in conformity with
this Act, the Statutes and the Ordinances, the question shall
be referred to the Chancellor, whose decision thereon shall be
final.

Period of 37.(1) All Ex-officio members of all Authorities of the University shall
memberships hold office so long as they hold the memberships, offices or
of the posts by virtue of which they become members of such
authorities. Authorities.

(2) Save as otherwise provided in this Act, all other members of the
Authorities of the University shall hold office for a period of five
years or till the expiry of the term of membership, whichever is earlier,
from the date of election, nomination, appointment or choosing of the
members concerned:

Provided that notwithstanding the expiry of the term of

membership of any authority such members shall continue to hold the
membership until the new member is elected, nominated, appointed or
chosen in his place:

Provided further that any member elected or nominated

under clause (xxi) of sub-section (1) of section 15 shall hold office for a
period of one year only from the date of his election or nomination, as
the case may be. He shall cease to be a member of the Court on his
ceasing to be a student of the University.


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vacancy shall hold office for the unexpired portion of the term of office
of the member in whose seat he is so elected, nominated, appointed or
chosen.

(4) With the approval of the Court, the Vice-Chancellor may remove a
member, elected under sub-clauses (a) and (b) of clause (xxi) of sub­
section (1) of section 15, if he does not fulfill the conditions laid down in
the provision therein.

Affiliation 38. After the commencement of this Act, any college or institution applying
for affiliation to the University shall satisfy the Executive Council -

(a) that the college shall be under the management of a duly constituted

Government Body which shall include at least two representatives of the
University and at least three representatives of the teaching staff of the
college or institution, as the case may be, including the Principal;

(b) that the land and buildings of the college or institution, as the case may

be, and the equipments for teaching therein are adequate and suitable;

(c) that the strength and qualifications of the teaching staff are sufficient for
the courses of instruction to be sufficient for the courses of instruction to
be imparted in the college or institution and that the tenure of office of the
teaching staff is reasonable;

(d) that adequate arrangements will be made for the welfare, discipline and

supervision of its students;

(e) that the financial recourses of the college or institution are adequate to
make provisions for its continued maintenance and efficient working; and

(f) that the affiliation of the colleges or institutions having regard to the
educational facilities provided by the other colleges or institutions in the
same neighbourhood, will not be injurious to the interest of education.

Delegation 39. (1) Subject to the provisions of this Act, the Vice-Chancellor, and
with the previous approval of the Vice-Chancellor, the Rector or
the Registrar may delegate any of his powers or duties conferred,
imposed by or under this Act to an officer under his direct
administrative control.

(2) Subject to the provisions of this Act, -

(a) the Court may delegate any of its powers and duties conferred or

imposed by this Act to -

(i) the Vice-Chancellor;

(ii) the Executive Council, or

(iii) a committee constituted from among its own members.

(b) the Executive Council may delegate any of its powers or duties

conferred or imposed by or under this Act, or

(i) the Vice-Chancellor;

(ii) the Rector;

(iii) the Registrar;

(iv) a committee constituted from among its own members;

(v) the Post-Graduate Board or the Under-Graduate Board; or

(vi) the Finance Committee.


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THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009 447

(c) The Academic Council may delegate any of its powers or duties

conferred or imposed by or under this Act to -

(i) the Vice-Chancellor;

(ii) the Rector;

(iii) the Registrar;

(iv) a committee constituted from among its own members;

(v) the Post-Graduate Board or the Under-Graduate Board; or

(vi) any of the Boards of Studies.

(d) The Finance Committee may delegate any of its powers and duties

conferred or imposed by or under this Act to -

the Vice-Chancellor.

Transitory 40. (1) The Chancellor shall, within three months from the date of
provision the commencement of this Act, appoint, on such terms

conditions as he thinks fit, a person to be the Vice-Chancellor.

(2) The first Vice-Chancellor shall, within a period of three months from the
date of his appointment or within such longer period, not exceeding six
months from the date of his appointment as the Chancellor may by
notification, direct, and with the assistance of a committee consisting of
not more than six members nominated by the Chancellor, cause the
first Statutes, the first Ordinance, and the first Regulations, of the
University to be framed or made and published with the approval of the
Chancellor and the first Statutes, the first Ordinances and the first

Regulation so framed shall come into force with effect from the date of
such publication as if they were framed or made under the provisions of
the Act relating to them.

(3) The first Vice-Chancellor shall within three months or within such a
longer period not exceeding six months as the State Government may,
by notification direct, from the date of coming into force of the first
Statues, the first Ordinance and the first Regulation cause

arrangements to be made for constituting the first Court, the first
Executive Council, the first Post-Graduate Board in accordance with
the first Regulations.

4) The State Government shall by notification in the Official Gazette,

appoint a date, and on and from such date the Authorities of the

University constituted under sub-section (3) shall commence to exercise
the powers and duties conferred upon them by or under this Act, the
first Statutes, the first Ordinances and the first Regulations,

(5) The first Statutes, the first Ordinances and the first Regulations of the
University shall remain in force until new Statutes, new Ordinances
and new Regulations are made under the provision of this Act,

(6) The first Vice-Chancellor may, subject to the sanction of the Chancellor
appoint such administrative, ministerial and other staff as he deems
necessary for giving effect to the provisions of the sanction.

(7) Notwithstanding that all the officers and members of the Authorities,

constituting the University have not been appointed, nominated, chosen
or elected, as the case may be, the University shall be deemed to have
come into existence on and from the date on which this Act comes into
force.


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Officers and Teachers Rector and the first Registrar shall be appointed by the
Of the University Chancellor, on such terms and conditions as may deem fit

(2) At any time after the commencement of this Act any officer i f the

University may be appointed by the Vice-Chancellor with the
previous sanction of the Chancellor.

(3) The teachers of the University may be appointed by the

Chancellor after considering the recommendations of an Advisory
Committee consisting of the Vice-Chancellor and such other
person or persons as the Chancellor thinks fit to associate with
himself.

(4) Any appointment made under sub-sections (2) and (3) shall be

for a period not exceeding five years and on such conditions

as, the appointing authority thinks fir to specify provided that no
such appointment shall be made until financial arrangement has
been made thereof.

The State 42. (1) If, at any time, the State Government are of opinion that
Government’s special reasons exist that in any respect the affairs of
Powers of the University are not managed in furtherance of the
supervision objects for which any grant or donation is specifically

made by Government, Public bodies or individuals,
University funds are misappropriated or misapplied, the

State Government may indicate to the Executive Council such matter in
regard to which the State Government 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 explanation or makes

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

Emergency power 42(A)(1) If, at any time, it appears to be necessary and expedient in
of the State the opinion of the State Government, the State Government may, with
Government prior consultation with the Chancellor, by a notification published in

the official Gazette, suspend all or any of the powers of the University
as provided in section 4 and other powers as may be ancillary to such
powers and take over all or any of the powers of management, functions
of such authorities or officers including holding, conduct and
superintendence of and arrangement, and appointment of any person
or authority in connection with any or more examination or publication
of the result of any such examination or to any matter incidental
thereto for such period as may be specified in the notification 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 considered fit by the State Government.

(2) Provisions of the Statutes, Ordinance and Regulations framed under
this Act relating to any one or more of the matters referred to in the
preceding sub section may be amended for any of the purposes
mentioned therein in such manner as may be decided by the State
Government with prior consultation with the Chancellor and shall take
affect accordingly for the purpose of exercising the powers under the
proceding 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 matter of discharging the powers, duties, functions
and responsibilities in respect of which such powers are taken over

by the State Government under sub-section (1) of this section.


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(4) All actions taken under the preceding sub-sections and all

examinations held and all results of any such examination published
and all other actions taken under this section shall be deemed to have
been taken, held or published in accordance with the provisions of this
Act and shall take effect accordingly.

(5) If for exercising the powers under the preceding sub- section any

difficulty arises in giving effect to any one or more of the provisions of
this Act or of the Statutes, Ordinances and Regulations framed
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 these powers.

Savings 42B. Notwithstanding anything contained in this Act any decision given,
order made, anything done, any action taken or any proceedings
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 inconsistent with the provisions 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.

Interpretation 42C. If any dispute arises as to the interpretation of any of the provisions of

this Act, the interpretation given by the State Government shall be final
and binding to all concerned.

Removal of difficulties 43. If any difficulty arises as to the first constitution or reconstitution of

any authority of the University after the commencement of this Act or
otherwise in first giving effect to the provisions of this Act, the State
Government may, by order, do anything which appears to them to be
necessary for the purpose of removing the difficulties.

###### MOHD. A. HAQUE,
 Secretary to the Government of Assam,
 Legislative Department, Dispur.

## TJ^XhAtT Printed and published by the Dy. Director (P&S) Directorate of Ptg. and Stv.. Assam Guwahati-21

(Ex-Gazette) No. 163-500+600-28-2-2009.


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