The Gauhati University (Amendment) Act, 1965
The 20th January 1966

# No.LJL.27/65/ 9,—The following Act of the Assam Legislative Assembly

which received the assent of the Governor, is hereby published for general
information.

ASSAM ACT IV OF 1966

# (Received the assent of the Governor on the 20th January, 1966)

THE GAUHATI UNIVERSITY (AMENDMENT) ACT, 1965

[Published in the _Assam Gazette Extraordinary, dated the 20th January, 1966]_

dn

_Act_

_further co amend the Gauhati University Act, 1947._

Pr-nnble W a w g s it is expedient further to amend the to m Act

Gauhati University Act, 1947, hereinafter called the 1947 [o t]

principal Act, in "the manner hereinafter appearing ;


-----

It is hereby enacted in the Sixteenth Year of the

Republic of India as follow^ :—

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

mencemw’t. [s i t] Y (Amendment) Act, 1965.

(2) It shall come into force at once.

Amendment 2. In section2 of the principal Act,—
of Section
2 of Assam
Act XVI of

1947. (1) for clause (k), the following shall lee

substituted, namely :—

“ (k) ‘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 guid­
ing research aijd designated as teacher by
the University and includes a person recog­
nised as a teacher by the University

(2) Clause (1) shall be deleted and the existing

clauses (m) and (mm) shall be renumbered as clauses

(1) and (m) respectively.

lubstitutioa 3. For section 7 of the principal Act, the following

**7 of A»°°m** substituted, namely :—

Act XVI of
1947.

“Authorities 7. The following shall be the Autherltits and

and Officers Officers of the University :—•
of the Uni­

versity.

(i) the Chancellor,

(ii) the Pro-Chancellor,

(iii) the Vice-Chancellor,

(iv) the Rector,

(v) the Court,

(vi) the Executive Council,

(vii) the Academic Ceuncil,


-----

(viii) the Faculties,

(ix) the Standing Finance Committee,

(x) the Construction Committee,

       - (xi) the Selection Committee,

(xii) the Registrar,

(xiii) the Treasurer, and

(xiv) such other Authorities and Officers as may

be provided for by the Statutes.”

Amendment z[•. In section 8 of the principal Act, after sub-

of Section s e c t [j] c n (4) the following shall be inserted as sub-sec-

Act XVI of 8 of Assam [t l (]• ’[n s] (5), (6), (7), (8), (9) and (10) and the existing

1947. sub-s iction (5) shall be renumbered as sub-section (11).

namely:—

“ (5) The Chancellor shall have the power to

cause an inspection to be made by such person or
persons as he may direct of the University, its build­
ings, laboratories and equipments and of every insti­
tution maintained by the University, and also of the
examinations, teaching and other work conducted or
done by the University, and to cause an enquiry to
be made in like manner in respect of any matter
connected with the University.

(6) 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 be heard at such inspection or enquiry.

 -

; 7) The Chancellor may address the Vice-Chancel­

lor with reference to the result of such inspection and
enquiry and the Vice-Chancellor shall communicate to
the Executive Council the views of the Chancellor with

such advice as the Chancellor may offer upon the
action to be taken thereon.

(8) The Executive Council shall communicate

through the Vice-Chancellor to the Chancellor such
action, if any, as it is proposed to take or has been
taken upon the result of such inspection or enquiry.

(9) 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 issue such directions as he may
think fit and the Executive Council shall be bound to
comply with such directions.

(10) Expenses that may be incurred in connection

with such inspection or enquiry and certified as such
by the Chancellor, shall be a charge on the Univer­
sity.”

Insertion 5. After section 8 of the principal Act, the fol-

of Section lowing shall be inserted as section 8A and the existing
Assam Act secti )n 8A shall be r&iumbered as section 8AA,

XVI of namely

1947.
“ Pro-Chan- 8A(1) The Minister-in-charge of Education in the

cellor. State shall be the Pro-Chancellor of the
University.

(2) In the absence of the Chancellor or during

his inability to act, the Pro-Chancellor
shall exercise all the powers and perform

all the duties of the Chancellor.”

Amendment 6. In section 8AA of the principal Act, as so

QAA.[eCti]°f renumbered, for sub-sections (1) and (2), the fol-

AssamAct lowing shall be substituted as sub-sections (1), (2),

XVI of (3) and (4) and the existing sub-section (3) shall be

1947. renumbered as sub-section (5}, namely:—

“ Vice- (1) The Vice-Chancellor shall be appointed by

Chancellor, the Chancellor on the recommendation 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 Court, one member shall be
elected by the Executive Council, and one member
shall be nominated by the Chancellor :

Provided that the members so elected or nomina­

ted shall not be from amongst perse ns holding any
office of profit under the University or under any of its —T-
constituent er affiliated colleges.

(2) The Advisory Board shall recommend a panel

of names of three persons to the Chancellor who shall
after taking into consideration the recommendation of
the Advisory Board, appoint one to be the Vice-
Chancellor.

(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-appoint­
**ment.**


-----

(4) The emoluments and other terms and condi­

tions 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.2,500 per mensem including
all allowances.”

Insertion of 7. After section 8B of the principal Act, the

Section 8BA following shall be inserted as section 8BA, namely :—
m Assam '

Act XVI of
1947.

“ Rector 8BA. (1) 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 Chancellor. He shall hold office for a

term of five years and shall be eligible for re-appoint­
ment.

(2) The Rector shall exercise such powers and

perform such duties of the Vice-Chancellor as may,

from time to time, be delegated to him by the Vice-
Chancellor.”

Amendment 8. (1) In sub-section (1) of section 9 of the principal

of Section Act, for the clauses under the heads _“Ex-Officio Mem-_
/c^XvFof bers” , “Life Members” and “ Other Members” the

1947. following shall be substituted, namely:—

_“Ex-officio M em bers_

(i) the Chancellor,

(ii) the Pro-Chancellor,

(iii) the Vice-Chancellor,

(iv) the Rector,

(v) the Minister of Education of any other

State or States, if any, to which the

jurisdiction of the University may extend,

(vi) the Registrar,

(vii) the Treasurer,

(viii) the Secretary to the Government of Assam

in the Education Department, v

(ix) the Director of Public Instruction, Assam,


-----

(x) the Director of Public Instruction of any

other State or States, to which the jurisdic­
tion of this University may extend,

(xi) the Additional Director of Public Instruc­

tion, Assam,

(xii) the Director of Technical Education,

Assam,

(xiii) the Director of Health Services, Assam,

(xiv) the Director of Agriculture, Assam,

(xv) the Director of Animal Husbandry and

Veterinary, Assam,

(xvi) the former Vice-Chancellors of the Univer­

sity,

(xvii) the Vice-Chancellor of Dibrugarh Univer­

sity and of any University in the State,

(xviii) the Principals of Degree Colleges affiliated

to the University,

(xix)the Principals of the Constituent Colleges,

(xx) the Heads of Departments and Professors

of the University,

**Other M em bers**

(xxi) persons not exceeding ten in number, nomi­

nated by the Chancellor from amongst the
donors, each of whom has contributed a
sum of rupees five lakhs or more to the *■
University,

(xxii) five persons elected by the members of the

Assam Legislative Assembly from amongst -4-
themselves,

(xxiii) two members of the Board of Secondary

Education, Assam, elected by the aforesaid
Board,

(Xxiv) seven persons of whom at least two shall be

from the professional Degree Colleges to be

elected by the teachers, other than the

_j_ Heads of Departments and Professors of the
Departments of the University and the
Principals of the constituent and affiliated
Degree Colleges from amongst themselves,


-----

(xxv) two Registered Graduates elected by the

Registered Graduates of the University,

(xxvi) ten persons distinguished in Literature,

Law, Medicine, Engineering, Technology,
Industry, Commerce and Public life nomi­
nated by the Chancellor, and

(xxvii) two persons to be nominated by the Chan­

cellor from amongst those whose interests

are not otherwise represented.”

(2) In sub-section (2) of section 9 cf the Prin­

cipal Act, the words ‘the life members’ occur­
ring in the second line shall be deleted.

Substitution 9. For section 11 of the principal Act, the follow-

of Section 11 of Assam Act jn g shall be substituted, namely:—■& ’ 3

XVI of 1947.

duties of[a n d ] S u b Je c t t o ^ ,e provisions of this Act, the Court

the Court, shall have the following powers and duties, namely :—

%
(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

account, the audit report and the statement of the
financial estimates, for the ensuing year, to approve
the financial estimates, with such comments, if any,
to express its views on the annual report, the annual
account and the audit report and to suggest such meas­
ures as it may deem proper on the matters covered
by them ;

(c) to approve, with or without modifications,

the Statutes submitted by the Executive Council:

Provided that before making any modification to

the Statuses 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.”

10. In sub-section (1) of section 12 of the princi­

of Section pal Act, for the clauses under the Heads _“Ex-officio_

12 of Assam Members” and “Other Members” the following shall
Act XVI of
1947. be substituted, namely :■—


-----

_“Ex-officio M em bers_

(i) the Vice-Chancellor,

(ii) the Rector,

(iii) the Director of Public Instruction, Assam,

(iv) the Director of Technical Education, Assam,

**Other M em bers**

(v) two Principals of affiliated Degree Colleges

to be elected by them,

(vi) two Heads of Departments, other than Deans

of Faculties, of the University who are
Professors, to be chosen by the Vice-

Chancellor by rotation according to senio­
rity for a period of three years,

(vii) one Dean of Faculty to be chosen by the

Vice-Chancellor from the Deans of Facul­
ties of the University for a period of three
years, by rotation according to seniority,

(viii) three members of the Court elected by the

Court at its Annual General Meeting othef
than employees of the University or affiliat­
ed Colleges,

(ix) one person other than a Dean of Faculty of

the University and the Principals of affi­
liated Colleges, elected by Academic Coun­
cil from amongst its members,

(x) two persons of whom at least one shall be

a woman nominated by the Chancellor, and

(xi) three persons nominated by the Govern­

ment.”

Amendment 11. In section 13 of the principal Act,—•

of Section

13 of Assam

A«t X V I ®f (I) for clause (a), the following shall be substitut-

1947, ed, namely :—

“ (a) shall hold, control and administer the pro­

perty and funds of the University and shall appoint a
Finance Committee to advise it on matters of finance
consisting of six members of whom the Vice-Chancellor


-----

shall be the Chairman, the Treasurer shall be the Secret­
ary and the other four members shall be appointed as

. follows:—

(i) two members to be elected by the Executive

Council from amongst its members, and

(ii) two members to be nominated by the Gov­

ernment one from the Finance Department
and the other from the Education Depart­

ment of this Government ; ”

w

(2) for clause (f), the following shall be substituted,

namely:—

"(f) shall appoint officers (other than the Chan-

cellor, the Vice-Chancellor and the Rector),
Teachers, the Librarian, the Proctor, the
clerical staff and other employees of the
University and shall define their duties and
conditions of service and shall provide for
the filling up of temporary vacancies.”

Insertion of 12. After section 15 of the principal Act, the

Section 15A following shall be inserted as section 15A, namely:—

in Assam

Act XVI of

1947.

“ Selection 15A.(1) (a) There shall be a Selection Commit-

Csuanaittee. tee for making recommendations to the Executive

Council for appointment of Professors, Readers, Lec­
turers, Registrar, Treasurer, Librarian and other

officers of the University as may be provided for by
the Statutes consisting of the following members:—

(i) the Vice-Chancellor as Chairman of the

Selection Committee,

(ii) two persons, not holding any post of profit

under the University, one nominated by

— the Chancellor and the other nominated

by the Executive Council, »

£*, (b) In making recommendations for the

appointment of P rofessors of the Univer­
sity, the Selection Committee shall co-opt
two persons not holding any post of

profit under the University and having
special knowledge of the subject which the
professor will teach, nominated by the

Executive Council in consultation with the
Academic Council,

_fc) In making recommendations for the appoint­_

ments of Readers or Lecturers and other
teachers of the University, the Selection
Committee shall co-opt the Head of


-----

Department concerned of the University,
and a person having special knowledge of
the subject concerned and nominated by
the Executive Council in consultation with

the Academic Council. If the Head

of the Department concerned is himself a
candidate for the post, another person

having special knowledge in the subject

shall be nominated by the Executive

Council in consultation with the Academic
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 Committee in making its

recommendations.

_Explanation.—_ For the purpose of this section, the

co-opted members will be deemed to be members

of the Selection Committee for the purpose for which
they are co-opted.

(3) If the Executive Council does not accept any

of the recommendations of the Selection Committee,

it shall refer the matter to the Chancellor, stating
clearly the reasons for not agreeing with the Selection
Committee, and the decision given by the Chancellor
thereon shall be final.

(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/’

Amendment 13. In section 21 of the principal Act, clause (h)

of Section shall be deleted and the clauses (i), (j) and (k) shall be
21 of Assam Act XVI of r e n u m bered as clauses (h), (i) and (j) respectively. •

1947.

Amendment 14. In section 22 of the principal Act, the

22 of Assam of Section fo lio w in g6 shall be inserted as sub-section (1), namely :—

Act XVI of
1947.
“ (1) Subject to the provisions of this Act and

with the approval of the Court, the Executive

Council may make Statutes for the purpose of carry­
ing out the provisions of this Act, and in respect of all
matters which are required to be or may be

provided for by Statutes.”


-----

X

Amendment 15, j n section 24 of the principal Act, sub-section

°o^[e] Assam4 shall be deleted and the existing sub-section (4)

Act XVI of shall be renumbered as sub-section (3).

1947.

Transitory 16, Notwithstanding anything contained in this

provisions. ^ct -_

(1) the arrangements made by the Chancellor

for carrying on the duties of Vice-Chancellor

under the provisions of the principal Act shall continue

till a Vice-Chancellor is appointed under the provi­
sions of the principal Act as amended by this Act.

(2) Until the constitution of the Court and the

Executive Council respectively under sections 9 and 12
of the principal Act as amended by this Act, the Court
and the Executive Council constituted under the

provisions of the principal Act and functioning

immediately before the commencement of this Act
shall be deemed to be the Court and the Executive

Council under these sections and shall continue to
function as such:

Provided that the Government shall appoint

a date not later than six months from the date

of commencement of this Act for constitution of the
Court and the Executive Council under the provisions
of the principal Act as amended by this Act.

Repeal and 17. (1) The Gauhati University (Second Amend- Assam

Saving. m e [nt) Ordinance, 1965 repealing the Gauhati Univer- ] [Ordinance ]
sity (Amendment) Ordinance, 1965 is hereby repealed.

dinance
(2) Notwithstanding such repeal,, anything 1 of IgBS.

done or any action taken under the Ordinances as

repealed shall be deemed to have been done or taken

. under this Act as if this Act had commenced on Nine- Assam Or*

_J_ teenth day of July, 1955 (the date of coming into force dinance I of

of the Gauhati University (Amendment) Ordinance, 1965.

1965).

# U. TAHBILDAR,

Deputy Secy, to the Govt, of Assam

Law Department.


-----

