The Gauhati University Act, 1947
### ASSAM ACT XVI OF 1947

**THE GAUHATI UNIVERSITY ACT, 1947.**

[Passed by the Assembly]

**[Received the assent of the Governor on the 15th October, 1947.]**

[Published in the _Assam Gazette of the 22nd October, 1947. J_

_An_

_• Act to establish and constitute a teaching, residential and affiliating University at Gauhati._

Preamble. Whereas it is expedient to establish and constitute a teaching,

residential and affiliating University at Gauhati and to dissolve the
Gauhati University Trust Board, registered under the Indian Trust
Act, 1882, and to transfer to and vest in the said University all
property and rights now vested in the said Trust Board ;

It is hereby enacted as follows :—-

Short title 1. (1) This Act may be called the Gauhati University Act, 1947

and com­ (2) It shall come into force on such date as the Provincial

mence­

ment. Government may, by notification in the official Gazette, direct.

Dissolution (3) The Gauhati University Trust Board shall be dissolved and all
of the Gau- x properties and rights now vested in the said Trust Board shall be trans-x[-]

hati Univer- ferred to and vest in the said University on such date as this Act may
Board [T r u s t] come into force.

(4) From the date on which this Act comes into force, the Calcutta

Calcutta

University’s University as constituted under the Indian Universities Act of 1904, and Act

jurisdiction the Dacca Board of Intermediate and Secondary Education as appointed VIII

to cease. ■ by the Government of Bengal in their Resolution No. 1011-Education j901_

of 1921, shall cease to exercise their jurisdiction over the educational
institutions recognised by the Government of Assam and the Statutes,
Ordinances, Regulations and Rules of the Calcutta University and the
Dacca Board of Intermediate and Secondary Education, shall not be
operative in so far as they relate to such institutions and the Gauhati
University shall exercise authority and jurisdiction over all such edu­
cational institutions from the aforesaid date.

Definitions. 2. In this Act and in the Statutes, unless there is anything

repugnant in the subject or context:

_(a) “ College” means any College or Institution maintained or_

admitted to privileges by the University.

_(b) “ Council” means the University Council._
(c) “Court” means the University Court.
_(d) “ Faculty” means a Faculty of the University._
(e) “ Government” means the Government of Assam.

( / ) “ Hall” means a unit of residence for the students of the

University maintained or recognised by the University in
accordance with the provisions of this Act.

_(g) “Patron of the University” means a person who has made a_

donation of not less than Rs.1,00,000 to the funds of the
University and has been declared by the Chancellor to be

' a patron of the University.

_| Price annas 6 or 7d.]_


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_(h~)_ Principal means the head of a College, and includes, where

there is no Principal, the person for the time being dety
appointed to act as Principal, and, in the absence of the
Principal, a Vice-Principal duly appointed as such.

(i) “Registered Graduate” means a graduate registered under

the provisions of this Act.

(j) “ Statutes”, “ Ordinances” and “ Regulations” mean, res­

pectively, the Statutes, Ordinances and Regulations of the
University made under this Act.

(A) “Teachers” includes Professors, Readers, Lecturers and other

persons imparting instruction in the University or in any.
College or Hall.

(/) “ Teachers of the University” means persons appointed or

recognised by the University under the provisions of this
Act for the purpose of imparting instruction in the Univer­
sity or any College.

(m) “ University” means the Gauhati University.

(n) “ Warden” means the head of a Hall.

Constitution, 3. (1) The first Chancellor, the first Vice-Chancellor of the

succession University and the first members of the Court, the Executive Council

noses PU I" [an<]^ the Academic Council and all persons who may hereafter become

such officers or members, so long as they continue to hold such office
or membership, shall constitute the University.

(2) The University shall have perpetual succession and a -5>

Common Seal and shall sue and be sued by the said name.

(3) The University shall be deemed to have been constituted _a_

for the purposes, among others, of making provisions for •impart­
ing education, for research and for the advancement and dissemina­

tion of knowledge in such subjects as the University may deem tit.

University 4. The University shall be open to all persons of either sex

open to all a n c j whatever race, creed or class, and it shall not be lawful for

casteT’ and ^ [le] University to adopt or impose any test whatsoever of religious
creeds. belief or profession in order to entitle a person to be admitted

thereto as a Teacher or student, or to hold any office therein

or to graduate thereat, or to enjoy or exercise any privilege

thereof, except where such test is specially prescribed by the

Statutes or in respect of any particular benefaction accepted by the
University or when such test is made a condition thereof by any
testamentary or other instrument creating such benefaction.

Powers of 5. The University shall have the following powers, namely:—

he Uni­

versity.

(c) to provide for instruction in such branches of learning

as the University may think fit, and to make provision
for research and for the advancement and dissemination
of knowledge,

_(b) to hold examinations and to grant to, and confer Degrees_

apd other academic distinctions on, persons who


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(n) are teachers in educational institutions under conditions

laid down in the Ordinances and Regulations and have
passed the examinations of the University under like

conditions,

’c) to confer honorary degrees or other distinctions, on approved

persons in the manner laid down in the Statutes,

(</) to grant such diplomas to and to provide such lectures and

instructions for, persons not being members of the Univer­
sity, as the University may determine,

(e) to withdraw or cancel Degrees, Diplomas, certificates or other

distinctions granted or conferred,

_( f ) to co-operate with other Universities and authorities in such_

manner and for such purposes as the University may deter­
mine,

(#) to institute any Professorship, Readership, Lecturership and

any other teaching posts required by the University,

(A) to appoint or recognise persons as Professors, Readers, or

Lecturers, or otherwise as teachers of the University,

(?) to institute and award Fellowships, Scholarships, Exhibi­

tions and Prizes in accordance with the Statutes and
Regulations,

(j) to maintain Colleges and Halls, to recognise Colleges and

Halls not maintained by the University, and to withdraw
such recognition,

(A) to demand and receive payments of such fees and other

charges as may be authorised by the Ordinances,

(Z) to supervise and control the residence and discipline of

students of the University, and to make arrangements for
promoting their health and general welfare,

to receive grants from Government and donations from

private individuals or associations, for specific or general
purposes,

(n) to make grants from the funds of the University for assistance

to extra-mural teaching,

(o) to take, purchase and hold any property, movable or

immovable, which may become vested in it for the purpose
of the University by purchase, grant, testamentary disposi­

tion, or otherwise, and to grant, demise, alienate or other­
wise dispose of all or any of the property, movable or
immovable belonging to the University, and also to do all
other acts incidental or appertaining thereto,


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( />) to constitute for the benefit of its officers and employees such

pensions and provident funds as it may deem fit in such
manner and subject to such conditions as may be prescrib-

. ed, and

_jik_ _&4C (?)/[t o]_ do all such other acts and things, whether incidental to the

_'_ _I_ powers aforesaid or not, as may be requisite in order to

Ad _lt{<i_ further the objects of the University as a Teaching and
Examining body, and to cultivate and promote Arts,

Sciences and other branches of learning.

Teaching 6. (1) All recognised teaching in connection with the University

of the Uni- courses shall be conducted under the control of the Academic Council
versity. by Teachers of the University, and shall include lecturing and labora­
tory work and other teaching conducted in accordance with any
syllabus prescribed by the Regulations.

(2) The Authorities responsible for organising such teaching

shall be prescribed by the Statutes.

(3) The courses and curricula shall be prescribed by the

Ordinances and, subject thereto, by the Regulations.

Authorities 7. The following shall be the Authorities and Officers of the

and Officers

University:—

of the Uni­
versity, (i) the ~Chancellor,

(z’z’) the V ice-Chancel lor,

(z'zz) the Court,

(w) the Executive Council,

W the Academic Council,

(w) the Faculties,

_(vii)_ the Standing Finance Committee,

_(viii)_ the Treasurer,

_(ix)_ the Registrar, and

(x) such other authorities and officers as may be provided for by

the Statutes.

Powers and 8. Subject to the provisions of this Act, the powers and duties of
duties of the Officers of the University,- the term for which they shall hold office
Officers, and the filling up of casual vacancies in such offices shall be provided
terms of
office and for by the Statutes.by the Statutes.

filling up of

casual va­
cancies.

The Court 9. (1) The Court shall consist of the following persons, namely:

_Class I—Ex-officio Members_

_(i~) the Chancellor,_

(zz) the Vice-Chancellor,

(zzz) the Minister for Education, Assam,

_(iv) the Treasurer,_

(a) the Registrar,

_(vi) the Director of Public Instruction, Assam,_

_(yii) the Principals,_

(w’zz) the Deans of Faculties,

(zx) the Professors and Readers of the University, and

(x) such other ex-officio members as may be prescribed by the

Statutes.


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_Class II—Life Members_

_(xi) The Patrons of the University and persons (if any) appointed_

by the Chancellor on the recommendation of the Executive
Council to be life members on the ground that they have
rendered great services to education or have made substan­
tial donations to the University.

_Class III— Other Members_

_(xii) Doctors of the University who have kept their names on the_

Register of Doctors of the University,

_(xiii) graduates of the_ University elected by the registered

graduates from among their own body,

_(xiv) persons elected from among their own body by Teachers_

who are not Professors or Readers of the University,

(xz>) persons elected by associations or other bodies approved in

this behalf by the Chancellor on the recommendations of
the Executive Council,

_(xvi) persons elected by the members of the Legislative Assembly_

from among their own numbers,

(xw) persons appointed by the Chancellor, and

_(xviii) a representative of the Governing Body of each College elected_

or nominated by that Body.

(2) The number of members to be elected or appointed under

clauses _(xiii), (xiv), (xv),_ _(xvi)_ and _(xvii) and the_ tenure of

office of members to be elected or appointed under each clause of
Class III shall be prescribed by the Statutes and the mode of election
of members to be elected under clauses _(xiii) and_ _(xiv) shall be pres­_
cribed by the Ordinances.

The meet­

10. (1) The Court shall, on a date to be fixed by the Vice-Chan­

ings of the
Court. cellor, meet once a year at a meeting to be called the Annual Meeting

of the Court.

(2) The Vice-Chancellor may, whenever he thinks fit, and

shall, upon a requisition in writing signed by not less than one-third of
the members of the Court, convene a Special Meeting of the Court.

Powers of 11. Subject to the provisions of this Act, the Court shall have the
the Court.

following powers, namely :—

_(a) of approving or rejecting the draft Statutes or draft_

amendments to Statutes placed before it by the Execu­
tive Council,

_(b) of considering and cancelling Ordinances, and_
_(c) of considering and passing resolutions on the annual_

report, the annual accounts and the financial estimates,
for appropriate action,

and shall exercise such other powers and perform such other duties as
may be conferred or imposed upon it by the Statutes.


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tive Coun- University and shall consist of the following members :— ____

_Class I—Ex-officio Members_

(?) the Vice-Chancellor, „

(zi) the Director of Public'Instruction, Assam,                  - **

_•_ _(iii) three Deans of Faculties elected from among their own body_

by the Deans of Faculties of the University,

_(w) two Principals of recognised Colleges elected from among_

their own body by the Principals of such Colleges,

(u) the Treasurer,

(w) the Registrar,

_Class II—Other Members_

_(viz) one member of the Court elected by the Court at its_

Annual Meeting,

_(viii) one member of the Academic Council other than the_

Deans of Faculties elected by the Academic Council,

(zx) one member to be appointed by the Professors of the Uni­

versity (salaried or honorary) from their own numbers,
andr"

(x) two persons nominated by the Chancellor, of whom at least

y-one shall be_a woman.

(2^ rfie terms of office of inf*men^bers, other than _ex-officio_

members, shall be prescribed by the Statutes.

Powers and 13. The Executive Council—
duties
of the (o) shall hold, control and administer the property and funds
Executive of the University, and for these purposes shall appoint a
Council. Finance Committee to advise it on matters of finance.

The Treasurer shall be the Chairman of the Committee and
the remaining members shall be appointed from among the
members of the Executive Council:

Provided that at least one member of the Committee shall be a

_n_ member elected to the Executive Council by the Court ;

f a * ,
(Z>) shall determine the form, provide for the custody and regu­

late the use of the Common Seal of the University ;

_(c) shall lay before Government annually a full statement of the_

financial requirements of the University and the Colleges ;

(o') shall administer any funds/ placed at the disposal of the

University for specific purposes ;

(e) subject to the provisions of this Act and the Statutes, shall

appoint the officers (other than the Chancellor, the Vice-
Chancellor, and the Treasurer), Teachers, the clerical staff
and servants of the University and shall define their duties
and conditions of service and shall provide for the filling up
of temporary vacancies ;


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bequests, endowments, donations or transfer any movable or
immovable property ;

_(g) shall have power, subject to the Statutes, to recognise or_

withdraw recognition from a College or Hall not main­
tained by the University ;

shall arrange for the holding of, and publish the results of the

  - University examinations ;

shall, subject to the powers conferred by this Act on the

Vice-Chancellor, regulate and determine all matters/con­
cerning the University in accordance with this Act, the
Statutes and the Ordinances :

/ Provided that no action shall be taken by the Executive Council

in respect of the appointment or emoluments of examiners,
or the numbers, qualifications or emoluments of Teachers,

otherwise than on a recommendation of the Academic

Council; and

_(j ) shall exercise all the powers of the University not otherwise_

provided for.

The Acade- The Academic Council shall be the academic body of the

mic Council.University and shall,’ subject to the provisions of this Act, the Statutes

and the Ordinances, have the control and general regulation of

and be responsible for the maintenance of standards of instruction,
education and examination within the University, and shall exercise
such other powers and perform such other duties as may be conferred
and imposed upon it by the Statutes. It shall have the right to

advise the Executive Council on all academic matters. The constitu­

tion of the Academic Council and the terms of office of its members,
other than _ex-officio members shall be prescribed by the Statutes._

The Facul- 15- (1) The University shall include Faculties of Arts, Science,
ties. Law, Medicine, Technology, Agriculture, Engineering, Commerce and

Indian Fine Arts and such other Faculties as may be prescribed by the
Statutes.

(2) Each Faculty shall, subject to the control of the Academic

Council, have charge of the teaching and the courses of study and the
research work in such subjects as may be assigned to such Faculty
by the Ordinances.

(3) The constitution and powers of the Faculties shall be pres­

cribed by the Statutes.

(4; There shall be a Dean of each Faculty who shall be responsi­

ble for the due observance of the Statutes, Ordinances and Regu­
lations relating to the Faculty.

(5) Each Faculty shall comprise such Departments of Teaching

as may be prescribed by the Ordinances. The Head of every such

Department shall be the Professor of the Department or, if there is
no Professor, the Reader. If there is more than one Professor, or

more than one Reader of a Department, the Vice-Chancellor shall
appoint to be the Head of the Department such one of the Professors
or, if there is no Professor, such one of the Readers as he thinks fit.

c-> The Head of the Department shall be responsible to the Dean for

the organisation of the teaching in the Department.

(6) The Dean of a Faculty shall be elected by the Faculty

from among the Heads of the Departments of the Faculty and shall
hold office of Dean for such term as may be prescribed by the
Statutes.

A


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thorities of r iti e s as may be declared by the Statutes shall be provided for in
the Univer- the manner prescribed by the Statutes....................

sity.
The Univer­ 17. (a) The University shall include a Residence, Health and
sity Boards. Discipline Board and such other Boards as may be prescribed by the

Statutes.

(i) The constitution, powers and duties of the Residence,

Health and Discipline Board and of all other Boards of the University
shall be prescribed by the Ordinances.

Authority 18. The University shall exercise no authority over the High
over High Schools of the Province or other Schools of the Province except in

Schools. so far as it may accept or not accept the Provincial School Leaving

Certificate or any other certificate as equivalent to the Matricu­
lation in regard to the standard attained and to the subjects

presented :

Provided that the University shall have jurisdiction over the

High Schools and High Madrassas in Assam till such time as all

schools in Assam are brought under a separate Board " I of Secondary
Education.

Matricula­ 19. The University shall have the .right to hold a Matriculation
tion Exami­ Examination for the admission of the students to the University or
nation. to its affiliated Colleges without regard to any School Examinations

held by the Government or any other Authority.

Audit of 20. (1) The accounts of the University shall, once at least in

Accounts. every year and at the intervals of not more than fifteen months,
be audited by the Examiner, Local Accounts, Assam.

(2) The accounts when audited shall be published in the

official Gazette and a copy of the accounts together with the

Report of the Examiner, Local Accounts, shall be submitted to the
Chancellor.

Statutes. 21. Subject to the provisions of this Act, the Statutes may «•>

provide for all or any of the following matters, namely:—

(«) the conferment of honorary Degrees ;

the institution of Fellowships, Scholarships, Exhibitions and

# w

Prizes ;

the terms of office, the method of appointment and the

conditions of service of the officers of the University ;

(</) the designation and the powers of the officers of the

University ;

the constitution, powers and duties of the Authorities of

the University ;

(/■) the institution of Colleges and Halls and their mainte-

nance ;

(g) the condition for the recognition by the Executive Council

of Colleges and Halls not maintained by the University

and for the withdrawal of such recognition and the
management of such Colleges and Halls ;

(A) the mode of appointment and recognition of Teachers of

the University ; _c-3_

(j) the constitution of pension, insurance and provident funds

for the benefit of the officers, teachers, clerical staff
and servants of the University ;

_(j)_ the maintenance of a register of registered graduates,

and


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ed by the Statutes.

Statutes how 22. (1) The first Statutes shall be those set out in the Schedule

m a e ’ and they shall have effect as if duly enacted under the provisions of

this Act.

(2) The draft Statutes or draft amendments to Statutes may

be approved or rejected by the Court in the manner hereinafter
provided.

(3) Every draft of Statutes proposed by the Executive Council

shall be submitted to the Court for consideration. Such draft shall

be considered by the Court at its next meeting. The Court may pass

the Statute or may return the Statute to the Executive Council

for reconsideration.

(4) Any draft of a Statute proposed by the Executive Council

and rejected by the Court shall be submitted to the Chancellor who
may refer it back to the Court for reconsideration.

(5) Every Statute passed by the Court shall be submitted to

the Chancellor who may give or withhold his consent or refer it back
to the Court for reconsideration.

(6) A Statute passed by the Court shall have no validity until it

has been assented to by the Chancellor:

Provided that the Executive Council shall not propose the draft of

any Statute affecting the Statutes or the powers and constitution of
any authority of the University until such authority has been

given an opportunity of expressing an opinion in writing upon the
proposal and until the Chancellor on consideration of the draft pro­
posal and the opinion has given his personal sanction.

 - (7) Any member of the Court may propose to the Court

the draft of any Statute and the Court may refer such draft to the
Executive Council for consideration, and the Executive Council

e may either reject the proposal or submit the draft to the Court in
such form as the Executive Council may approve : and the provi­

sions of this section shall appty in the case of any draft so submitted
as they apply in the case of a draft proposed to the Court by the
Executive Council.

Ordinances 23 Subject to the provisions of this Act, and the Statutes,

the Executive Council may frame Ordinances to provide for all or

any of the following matters, namely :—

(c) the admission of students to the University and their

enrolment as such ;

_(b) the courses of study to be laid down for all_ degrees and

diplomas of the University ;

(c) the conditions under which students shall be admitted to

the degree and diploma courses and to the examinations
of the University and shall be eligible for the degrees and
diplomas ;

'</) the conditions of residence of the students of the Univer­

sity ; '

-» ;/) the affiliations of Colleges and recognition of the hostels ;
(./") the qualifying attendance required in the various cour­

ses ;

_*_ _\g) the extension of University teaching in any suitable cen­_

tre within the Province bv means of University extension

lectures or others ;


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the University ;

_(i) the fees to be charged for courses of study in the Univer­_

sity and for admission to the examinations, degrees and
diplomas of the University ;

( j ) the formation of Departments of Teaching in the Faculties ;
_(k) the constitution, powers and duties of the Boards of the_

University ;

_(l) the conduct of examinations ; and_ „

_(m) all matters which by this Act or the Statutes are to be_

or may be provided by the Ordinances.

Ordinance 24. (1) Save as otherwise provided, Ordinances shall be framed
how made. by the Executive Council:

Provided that—
(?) no Ordinance shall be made affecting the conditions of resi­

dence of students, except after consultation with the Resi­

dence, Health and Discipline Board, and

{??) no Ordinance shall be made—

(a) affecting the admission or enrolment of students or prescrib­

ing examinations to be recognised as equivalent to the
University examinations or prescribing the further quali­
fications mentioned in sub-section (2) of section 28 for
admission to the degree courses of the University, or

(Z>) affecting the conditions, mode of appointment or duties of

examiners or the conduct or standard of examinations or
any course of study,
unless a draft of such Ordinance has been proposed by the
Academic Council.

(2) The Executive Council shall not have power to amend any *

draft proposed by the Academic Council under the provision of sub­
section (1) but may reject it or return it to the Academic Council for
reconsideration either in whole or in part, together with any amend­
ment which the Executive Council may suggest.

(3) All the Ordinances made by the Executive Council shall be

presented, as soon as may be, to the Chancellor and the Court, and
shall be considered by the Court at its next meeting. The Court shall

have power, by a resolution passed by a majority of not less than two-
thirds of the members voting, to cancel any Ordinance made by the
Executive Council, and such Ordinance shall, from the date of such
resolution, be void.

(4) Where the Executive Council has rejected the draft of an

Ordinance proposed by the Academic Council, the Academic Council
may appeal to the Chancellor who may, if he approves the draft,
make the Ordinance. An Ordinance made under this sub-section

shall cease to have effect on the expiry of six months from the making
thereof.
                              -

Retaliations. 25. (1) The authorities of the University may make Regulations

consistent with this Act, the Statutes and the Ordinances-—

(a) laying down the procedure to be observed at their

meetings and the number required to form a quorum,

(A) providing for all the matters which by this Act, the Statutes*

or the Ordinances are to be prescribed by Regulations,-
and


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authorities and not provided for by this Act, the Statutes
and the Ordinances.

(2) Every authority of the University shall make Regula­

tions providing for the giving of notice to the members of such

authority, of the dates of meetings and of the business to be considered
at the meetings, and for the keeping of a record of the proceedings of
the meetings.

(3) The Executive Council may direct the amendment, in

such manner as it may specify, of any Regulation under this section
or the annulment of any Regulation made under sub-section (1) :

Provided that any authority of the University which is dissatisfied

with any such direction may appeal to the Chancellor, whose

decision in that matter shall be final.

Colleges. 26. (1) The Colleges shall be such as may be named in the

Statutes.

(2) The conditions of residence in the Colleges shall be

prescribed by the Ordinances, and every College shall be subject to
inspection by any member of the Residence, Health and Discipline

Board authorised in this behalf by the Board and by any officer of the
University authorised in this behalf by the Executive Council.

Halls. 27. (1) The Halls shall be such as may be maintained by the

University or approved and recognised by the Executive Council

on such grounds and conditions as may be prescribed by the Ordi­
nances.

(2) The Wardens and the superintending staff of the Halls

shall be appointed in the manner prescribed by the Statutes.

(3) The conditions of residence in the Halls shall be

prescribed by the Ordinances and every Hall shall be subject to

inspection by any member of the Residence, Health and Discipline
Board authorised in this behalf by the Board and by any officer of
the University authorised in this behalf by the Executive Council.

(4) The Executive Council shall have power to suspend or

withdraw the recognition of any Hall which is not conducted in
accordance with the conditions prescribed by the Ordinances.

Admission 28. (1) Admission of students to the University shall be made by
to University an Admission Committee (including at least one Principal)
Courses.

appointed for that purpose by the Academic Council.

(2) Students shall not be eligible for admission to a course of

study for degree unless they have passed the Intermediate Examina­
tion of an Indian University incorporated or constituted by any law for
the time being in force, or an examination recognised in accordance

with the provisions of this section as equivalent to such examination,
and possess such further qualifications, if any, as may be prescribed
by the Ordinances. Any such qualifications may be tested by

examinations:

Provided that, during a period of five years from the commence '

ment of this Act and such further period as the Chancellor may directs
any student who has passed the Matriculation Examination of any
such University, or any examination recognised in accordance with the
provisions of this section as equivalent thereto, and possess such furthei
qualifications as may be prescribed by the Ordinances, may be deemed
eligible for admission to the University. Any such qualifications may

be tested by examinations.

♦


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Examina- 29. (1) Subject to the provisions of this Act and of the Statut^q.

all arrangements for the conduct of examinations shall be made by the
Academic Council in such manner as may be prescribed by this Act
and the Ordinances.

(2) If, during the course of an examination, any examiner is

for any cause incapable of acting as such, the Vice-Chancellor shall
appoint an examiner to fill the vacancy and shall report the appoint­
ment to the Executive Council.

(3) At least one examiner, who is not a teacher or other person

in the service of the University or a College, shall be appointed for
each subject included in a Department of teaching and forming part of
the Course which is required for a University degree.

(4) The Academic Council shall appoint Examination Com­

mittees consisting of members of its own body or of other persons or
of both, as it thinks fit, to moderate examination questions, to moderate
and prepare the results of the examinations and to report such results
to the Executive Council through the Academic Council for publi­
cation.

Annual 30. The annual report of the University shall be prepared under
Report. the dii ection of the Executive Council and shall be submitted to the

Court on or before such date as may be prescribed by the Statutes and
shall be considered by the Court at its annual meeting. The Court

may pass resolutions thereon and communicate the same to the Exe­
cutive Council.

Annual

Accounts. 31. (1) The annual accounts and balance-sheet of the Uni­

versity shall be prepared under the direction of the Executive

Council and shall be submitted to the Chancellor for the purpose
of audit.

(2) The accounts when audited shall be published by the

Executive Council in the _Assam Gazette, and copies thereof shall,_

together with copies of the audit report, if any, be submitted to the
Court and to the Chancellor. The Executive Council shall also

submit to the Court, on or before such date as may be prescribed by

the Statutes, a statement of the firiancial estimates for the ensuing
year.

(3) The annual accounts and the financial estimates shall be

considered by the Court at its annual meeting, and the Court may
pass resolutions thereon and communicate the same to the Executive
Council.

Removal 32. The Chancellor shall, with the concurrence of not less
of names of than two-thirds of the members of the Court, have power to
Registered remove the name of any person from the register of registered gra-

Graduates.

d j l A -                -

Disputes as 33. If any question arises whether any person has been duly
to Consti­ elected or appointed as, or is entitled to be, a member ol any autho­

tution of

rity or other Body of the University, the matter shall be referred to

University,
Authorities the Chancellor whose decision thereon shall be final.
and Bodies.

34. No act or proceeding of any Authority or other Body of

Proceed­

ings not the University shall be invalidated merely by reason of the existence

invalidated of a vacancy or vacancies among its members.

by vacancies.


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^Aroitranon. a n y officer or teacher of the University shall, on the request of the

officer or teacher concerned, be referred to a Tribunal of Arbitration
consisting of one member appointed by the Executive Council, one
member nominated by the officer or teacher concerned, and an

umpire appointed by the Chancellor. The decision of the Tribunal

shall be final and no suit shall lie in any civil court in respect of the
matters decided by the Tribunal. Every such request shall be deemed
to be a submission to arbitration upon the terms of this section, within
the meaning of the Indian Arbitration Act, 1940, and all the pro- A ct
visions of that Act, with the exception of section 2 thereof, shall apply x of
accordingly. 1940.

Pension and 36. (1) The University shall constitute, for the benefit of its

Fund[dCnt] officers, teachers, clerical staff and servants, in such manner and

subject to such conditions as may be prescribed by the Statutes, such
pensions, insurance and provident funds as it may deem fit.

(2) Where such a Provident F und has been so constituted, the

Government may, notwithstanding anything contained in the Provi- A
dent Funds Act, 1925, by notification in the official Gazette, declare that x ix
the provisions of the Contributory Provident Fund Rules (Assam), t>f

1936, shall apply to such provident fund of the University, as if it I[925]-

were a Government Provident Fund.

Annual Con- 37, The Government shall, for the purposes of this Act, contrmute

from'^Gov [a n n u a] ’ly [t o] University a sum of not less than five lakhs of rupees

ernment. to meet the recurring charges of the University. All contributions made

under this section shall be charged to the revenues of the Province.

Removal of 38. jf a n y difficulty arises with respect to the establishment of the

difficulties. u n iv e r s ity Or in connection with the first meeting of any authority of
the University or in connection with the holding of the first examina­
tions of the University and publishing results thereof or otherwise in
first giving effect to the provisions of this Act, the Provincial
Government may, at any time before all the authorities of the Univer­
sity have been constituted, by order make any appointment or do
anything, consistent so far as may be with the provisions of this Act
and the Statutes, which appears to it necessary or expedient for the
purpose of removing the difficulty, and every such order shall have
effect as if such appointment or action had been made or taken in the
manner provided in this Act.

**Jcj.-UtU** THE SCHEDULE

***-1^.** **The Statutes o f the U niversity.**

X >’                 -

_[See Section 22(1)]_

Definitions. 1. In these Statutes, unless there is anything repugnant in the

subject or context,

_(a) “the Act” means the Gauhati University Act,_ 1947 and

“section” , “ sub-section” and “ clause” mean, respectively, a section,
sub-section and clause of the Act ; and

_(b) “ officers”, “authorities” , “ Professors” , “Readers”, “ Lecturers”,_

“ Clerical staff”, and “ Servants” mean, respectively, officers, authori­
ties, Professors, Readers, Lecturers, Clerical staff and servants of

the University.


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of the Court.Section (1) of section 9, the following persons shall be ex-ojjicio members of the'[rr]          -

9(l)(x). Court, namely :—

ft) the Inspector General of Civil Hospitals ;

(it) the Director of Agriculture ;

(tit) the Conservator of Forests ;

(«■») the Chief Engineer ;

(f) the Director of Industries ;               -

_(vi) the_ Director of Public Health ; and

_(vii)_ [the] Wardens.

Section 9(2). (2) The number of graduates to be elected as members of the

Court by the registered graduates from among their own body shall
be seven.

(3) The number of teachers to be elected as members of the

Court by the teachers other than Professors and Readers shall be
three.

(4) The number of persons to be elected as members of the

Court by associations or other bodies approved in these behalf by
the Chancellor shall not exceed four.

(5) The number of persons to be elected by the members of the

Assam Legislative Assembly from among their own numbers shall be
five.

(6) The number of persons to be appointed by the Chancellor

shall not be more than nine, and the purpose of the appointment
shall be to secure the representation of interests not otherwise in his
opinion adequately represented and to secure the advice of distingui­
shed educationists of other provinces. is

(7) Save as otherwise provided, members of the Court other than

_ex-officio members shall hold office for a period of three years :_

Provided, however, that a member nominated or elected in his

Capacity as a member of a particular body or as the holder of a
particular appointment shall hold office so long only within the

said period as he continues to be a member of that body or the holder
of that appointment, as the case may be.

Academic 3. (1) The members of the Academic Council, in addition to
Council. Vice-Chancellor shall be :
Section 14. [the] Class _I—Ex-officio Members—_

(t) the Deans of the Faculties ;

(it) the Principals
(tit) the Professors and Readers ; and
(it») the Librarian of the University.
Class II—Other Members-—

_(v) persons, if any, not exceeding three in number and not being_

_t_

teachers of the University, appointed by the Chancellor on i
account of their possessing expert knowledge in such
subjects of study as may be selected by the _ex-officio_
members of the Academic Council ;

_(vi) one person appointed by the Chancellor who is capable of_

advising the Academic Council on subjects connected

with Islamic learning and culture; and

(flit) two persons elected by the Court.


-----

shall co-opt as members teachers of the University not exceeding

one-tenth of its numbers as so constituted.

(3) Members other than _ex-officio members shall hold office for a_

period of three years :

Provided that Teachers of the University co-opted as such shall

hold office so long within the said period as they continue to be
Teachers of the University.

Powers of 4. The Academic Council shall have the following powers,

the Acade­ namely :•—-
mic Coun­
cil. («) to make proposals to the Executive Council for the institution

Section 14. of Professorships, Readerships, Lecturerships or other

teaching posts, and in regard to the duties and emoluments
thereof ;

               - />) to make Regulations for, and to award in accordance with

such Regulations, Fellowships, Scholarships, Exhibitions,

medals and other rewards ;

(c) to recommend examiners for appointments after report from

the Faculties concerned ; ,

_(d)_ to control the University Library,to frame Regulations regard­

ing its use, and to appoint a Library Committee under the
general control of the Academic Council to manage the
affairs of the Library ;

(e) to assign subjects to the Faculties ;

_.(f) to assign teachers to the Faculties ;_

_(g) to promote research within the University, including the_

establishment of a research Council and to require reports
on such research from the persons employed thereon ;

(/?) to provide for the inspection of Colleges and Halls in respect

of the instruction and discipline therein, and to submit
reports thereon to the Executive Council ; and

_(i) to organise the teaching of the University and to control the_

work of teachers and Colleges.

5. (1) Each Faculty shall consist of:

The Facul­
ties. (?) the Heads of the Departments comprised in the Faculty ;

Section
15(3). _(ii) such teachers of subjects assigned to the Faculty as m aybe_

appointed to the Faculty by the Academic Council ;

(???) such teachers of subjects not assigned to the Faculty, but

having, in the opinion of the Academic Council, an

important bearing on those subjects, as may be appointed

to the Faculty by the Academic Council ; and

(w) such other persons as may be appointed to the Faculty

by the Academic Council on account of their possessing expert
knowledge in a subject or subjects assigned to the Faculty.

(2) The total number of members of each Faculty shall not exceed,

in the case of the Faculties of Arts and Science, eighteen, and, in the
case of any other Faculty, twelve, except with the sanction of the
Chancellor given on the request of the Academic Council.


-----

ties.

Section _(a) to constitute Committees of Courses and Studies ;_
15(3). to recommend to the Academic Council the Courses of Studies

for the different examinations, after consulting the Commit­
tees of Courses and Studies ; .-V

to recommend to the Academic Council, after consulting the A

Committees of Courses and Studies, the names of examiners ,C
in subjects assigned to the Faculty ;

-y) to recommend to the Academic Council the conditions for 4*

the award of Degrees, Diplomas and other distinctions ;

(*) subject to the control of the Academic Council, to organise

research in the subjects assigned to the Faculty ; and

(y) to deal with any matter referred to it by the Academic

Council.

Board of Co­ 7. There shall be a Board of Co-ordination composed of the
ordination. Vice-Chancellor, who shall be the Chairman thereof, the Deans of Fa­
Section culties and the Registrar, to co-ordinate the teaching of the University,

17(«).

and in particular to co-ordinate the work and time-tables of the various
faculties, and to assign lecture-rooms, laboratories and other rooms to

the Faculties.

     - The Dean. 8. The Dean of each Faculty shall—

Section _(a) hold office for three years ;_

15(6).

(/>) be the executive officer of the Faculty and shall preside at

its meetings;

(c) issue the lecture lists of the University in the Departments

comprised in the Faculty, and be responsible for the con-
duct of teaching therein ; and

(d) have the right to be present and to speak at any meeting < 1

of any Committee of the Faculty, but not to vote unless he
is a member of the Committee.

The 9. The appointment of a Warden shall, in the case of a Hall
Wardens. maintained by the University, be made by the Executive Council,
Section and in other cases, be subject to the approval of the Executive Council.
27(2).

10. Every student not residing in a College or Hall shall be

Attach­ attached to a College or Hall for tutorial help and disciplinary super­
ment of
Colleges vision and for such other purposes as may be prescribed by the
and Halls, Ordinances:

Provided that special exemption from the provisions of this

Statute may be given to women students under conditions to be pres­
cribed by the Ordinances.

Withdra­ 11. The Court may, on the recommendation of the Executive
wal of

Council, by a resolution passed with the concurrence of not less

degrees
and Dip­ than two-thirds of the members voting, withdraw any degree or
lomas. diploma conferred by the University.
Section 11.

Honorary 12. (1) All proposals for the conferment of honorary degrees

degrees. shall be made by the Academic Council to the Executive Council, and

Section 5(c). shall require the assent of the Court before submission to the

Chancellor for confirmation :

Provided that, in cases of urgency, the Chancellor may act on

the recommendation of the Executive Council only.

(2) Any honorary degree conferred by the University may, with

the previous approval of two-thirds of the members present at any
meeting of the Court and the sanction of the Chancellor, be with­
drawn by the Executive Council.


-----

uates. a n c [j ] U[p]W[ards shall, on payment of such fees as may be prescribed by the ]
Statutes, be entitled to have their names enrolled in the Register of
Registered Graduates.

Section 7(x) 14. There shall be the following officers, namely :—

, ’ (z) two proctors to assist the Vice-Chancellor in the mainte­

nance of discipline in the University, and

  - ___ >—— (z’z) a Librarian for the University Library.

Committee 15. (1) No person shall be appointed or recognised as a teacher

of Selection. o f t }le [ University except on the recommendation of a Committee of ]

Selection constituted for the purpose.

(2) The Committee of Selection shall consist of the following

persons, namely:—

(z) the Vice-Chancellor,
(z’zj a person elected by the Academic Council, who need not

be a member of the Academic Council but shall be a
person unconnected with any of the Colleges,

(zzz) a person nominated by the Chancellor ;

and where the appointment or recognition of a professor or a

reader is in question,

(z‘») a person not connected with the University or any College,

with expert knowledge of the subject concerned, appointed
by the Executive Council, and

_' (v) the head of the Department_ concerned ;

and where the appointment or recognition of a teacher other

than a professor or reader is concerned,

_(vi) a person not connected with the University or any College,_

appointed by the Executive Council, and

H _(vii) the head of the Department concerned :_

Provided that the Principal of the College concerned shall

serve as an Adviser on the Committee of Selection.

(3) The Committee of Selection shall report to the Executive

Council which shall, if it accepts the recommendations of the
Committee, make the appointment or confirm the recognition as the
case may be. If the Executive Council doesnot accept the recom­
mendation of the Committee, it shall refer the case to the Chancellor
who shall appoint or recognise such persons as he thinks fit:

Provided that before referring the case to the Chancellor, the

Executive Council shall inform the College concerned of its decision
and the ground therefor, and the College shall be entitled to make
representation thereon. The representation of the College, if any,

together with the decision of the Executive Council and the grounds
therefor shall be laid before the Chancellor.

(4) Nothing in this Statute shall be construed as prohibiting the

University from accepting a gift for the establishment of a Professorship,
Lecturership or other post, subject to a condition that the person
appointed to the post shall be selected in such manner as shall have
been agreed between the donor and the University.

Recognition 16. (1) The qualifications of recognised teachers of the

teachers University shall be such as may be determined by the Ordinances,


-----

sity shall be made in such manner as may be laid down by the'

Regulations made by the Executive Council in that behalf.

(3) The period of recognition of a teacher of the University as

Professor, Reader or Lecturer shall be determined by the Ordinances
made in that behalf.

(4) A person in the service of a College, recognised as a teacher

of the University other than as a Professor, Reader or Lecturer, shalL,
continue to be recognised so long as he is in the service of the College.

(5) The Executive Council may, on a reference from the Vice-

Chancellor, withdraw recognition from a teacher :

Provided that the teacher of the College concerned may,

within a period of thirty days from the date of the order of withdrawal,
appeal against the order to the Chancellor whose decision shall be
final.

University 17. (1) The teachers of the University shall be :—

teachers.

(») appointed teachers of the University ; and

(«) recognised teachers of the University.

(2) Appointed teachers of the University shall be either—■
_(a) servants of the University paid by the University and_

appointed by the Executive Council as Professors,
Readers or Lecturers or otherwise as teachers of the
University, or

_(b) persons appointed by the Executive Council as honorary_

Professors, Readers or Lecturers or otherwise as teach­
ers of the University.

(3) Recognised teachers of the University shall be members of

the staff of a recognised College of the University, recognised by the
Executive Council as Professors, Readers or Lecturers or otherwise as
teachers of the University, whose teaching in their own College, in
subjects for which they are recognised, shall be regarded as recognised
teaching in courses of study pursued in the University.

Registration 18. (1) Application for enrolment in the Register of Register­
of gradu­ ed Graduates shall be made in the applicant’s own hand-writing to the

ates. Registrar in the form prescribed for the purpose by Regulations.
Section
21(f). (2) No graduate shall be entitled tohave his name enrolled, and

retained in the Register of Registered Graduates except on the payment
of the following fees, namely :—

(«) an initial fees of rupees fifteen, and

_(b) an annual fee of rupees ten for ten years or a compounded_

fee of rupees seventy-five.

(3) On the Registrar being satisfied that the application is in

order, and after receipt of the prescribed fees, he shall cause the name
of the applicant to be enrolled in the register.

(4) The annual fee shall be payable in advance by the last day of

April every year. If any registered graduate fails to pay the fee by

that date, the Registrar shall cause his name to be removed from the
register.

{5) A registered graduate whose name has been so removed may

by payment of all arrears to the University, have his name re-enrolled
jn the Register of Registered Graduates.


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of thirty days immediately preceding an election of graduates for
membership of the Court.

The Chan- 19. The Governor of Assam shall be the Chancellor,

cellor.

Powers of 20. (1) The Chancellor by virtue of his office shall be the

the Chan­ head of the University and the President of the Court and
cellor, shall, when present, preside at meetings of the Court and
Section 8.

at any Convocation of the University.

(2) Where power is conferred upon him by the Act

or by the Statutes to nominate persons to the authorities of the

University or other body thereof, the Chancellor shall, to the extent
necessary and without prejudice to such powers, nominate persons
to represent minorities and interests including Tribal people of the
hills and plains and scheduled castes not otherwise represented.

(3) Every proposal to confer an honorary degree shall be

subject to the confirmation of the Chancellor.

(4) The Chancellor shall have such other powers as may be

conferred on him by the Act or the Statutes.

The Vice- 21. (1) The Vice-Chancellor shall be appointed by the Chan­

Chancel­ cellor, after consideration of the recommendations of the Court and
lor.
Section 8. shall hold office for three years.

. (2) The Vice-Chancellor shall hold office subject to such con­

ditions and remuneration, if any, as may be prescribed by the

Statutes.

Powers and 22. (1) The Vice-Chancellor shall be the principal executive
duties of

the Vice- and academic officer of the University, and shall, in the

Chancellor. absence of the Chancellor, preside at meetings of the Court and at any
Section 8. Convocation of the University. He shall be an ex-officio member and

Chairman of the Executive Council and of the Academic Council•
and shall be entitled to be present and to speak at any meeting
of any authority or other body of the University but shall not be
entitled to vote thereat unless he is a member of the authority or
body concerned.

(2) It shall be the duty of the Vice-Chancellor to see that the

Act, the Statutes, the Ordinances and the Regulations are faithfully
observed.

(3) The Vice-Chancellor shall have power to convene

meetings of the Court, the Executive Council and the Academic

Council.

(4) («) In any emergency which, in the opinion of the Vice-

Chancellor, requires that immediate action should be taken, the Vice-
Chancellor shall take such action as he deems necessary, and shall at

the earliest opportunity thereafter report his action to the officer,

authority or other body who or which, in the ordinary course, would
have dealt with the matter.

_iff) When any such action_ taken by the Vice-Chancellor

affects any person in the service of the University, such person shall be
entitled to prefer an appeal to the Executive Council through the
officer, authority or other body within fifteen days from the date on

which such action is communicated to him.

(5) The Vice-Chancellor shall give effect to any order of the

Executive Council regarding the appointment, dismissal or suspension


-----

nition or withdrawal of the recognition of any such Teacher and shaft
exercise general control in the University. He shall be responsible for

the discipline of the University.

(6) The Vice-Chancellor shall exercise such other powers as may

be prescribed by the Statutes and Ordinances.

**The Regis­** 23. (1) The Registrar shall be a whole-time salaried officer

**trar.** of the University, and shall be appointed by the Executive
**Section 8.**

Council on such terms, conditions and remuneration as may be pres­
cribed :

Provided that the first Registrar shall be appointed for a period of

three years by the Chancellor with the advice of the Provincial Govern­
ment.

(2) The term of office of the Registrar shall be for five years but

he shall be eligible for re-appointment.

(3) The Registrar shall be _ex-officio Secretary of the Court and_

the Executive Council.

(4) It shall be the duty of the Registrar—

(a) to be the custodian of the records, Common Seal and such

other property of the University as the Executive Council
shall commit to his charge ;

(Z>) to act as Secretary to the Court and the Executive Council,

and to attend, as far as possible, all meetings of the
Court, the Executive Council, the Faculties and any Com­
mittees appointed by the Court, the Executive Council or
the Faculties and to keep minutes thereof;

fc) to conduct the official correspondence of the Court and

the Executive Council ;

(a) to issue all notices convening meetings of the Court, the

Executive Council, the Faculties, the Academic Council,

the Board of Examiners and of any Committees appointed                 -

by the Court, the Executive Council, the Faculties, the
Academic Council or any of the Boards ;

(«) co arrange for and superintend the examinations of the

University ; and

( / ) to perform such other work as may, from time to time, be

prescribed by the Executive Council.

**The Trea­**
**surer.** 24. (1) The Treasurer shall be a whole-time salaried officer
**Section 8.** of the University and shall be appointed by the Executive

Council on such terms, conditions and remuneration as may be pres­
cribed :

Provided that the first Treasurer shall be appointed for the first

term by the Chancellor with the advice of the Provincial Government.

(2) The term of office of the Treasurer shall be five years, but he

shall be eligible for re-appointment.

(3) The Treasurer shall exercise general supervision over the funds

of the University and shall advise it as regards its financial policy.

(4) Subject to the control of the Executive Council, he shall

manage the property and investments of the University and be respon-
sible for the preparation and presentation of the annual estimates and
statements of accounts. <

(5) Subject to the powers of the Executive Council, the Treasurer

shall be responsible for seeing that all moneys are expended for the
purposes for which they are granted or allotted.

(6) The Treasurer shall sign all contracts made on behalf of the

University.


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**21**

(7) The Treasurer shall exercise such other powers as may be

prescribed by the Statutes and the O rdinances:

Provided that the Chancellor may on the recom m endation of the

Executive Council in the case of any vacancy in the office of the
Treasurer, whether perm anent or otherwise, direct that the Registrar
shall act as Treasurer and perform all the duties and exercise all the
powers of the Treasurer, and when any such direction has been made
all references to the Treasurer in the A ct, the Statutes, the Ordinances
and the Regulations shall be deemed to be references to the Registrar.

Meetings of 25. (1) As soon as m ay be after the commencement of the

t e Court. Act, the first Court shall assemble at such place and time as the C han­
cellor may direct, in order to make the necessary appointm ents and
elections for the purpose of the Act and Statutes.

(2) An annual meeting of the Court shall be held during the

m onth of O ctober in each year, unless some other m onth be fixed by
resolutions at a previous general meeting, on such day and at such
hour as shall be appointed by the Executive Council.

(3) Special general meetings of the Court may be convened

by the Vice Chancellor at any time as provided in sub-section (2)

of section 10. One-fourth of the members of the Court shall form

a quorum .

(4) W here by the Statutes or the Regulations no provision is

m ade for a President or C hairm an to preside over the m eeting of any
authority, board or com m ittee or when the President or C hairm an so
provided is absent, the members present shall elect one of their
num bers to preside at the meeting.

Eligibility 26. Every officer of the University and every member of any

for re-ap- University authority whose terms of membership has expired shall

pointmcnt. e []jgjbi]e [ f]o r [ re-appointm ent or re-election as the case m ay be.]

Resignation; 27. Any mem ber of the Court, the Executive Council, Aca­

dem ic Council or any other University A uthority may resign by letter
addressed to the Secretary.

Removal. _J 28. A m em ber of the Court or the Executive Council may be_

removed from office by the Chancellor on conviction by a Court of law
of w hat, in the opinion of the Court or the Executive Council, as the
case m ay be, is a serious offence involving m oral delinquency.

A. G. P. (Leg.) No.29—75014-25—4-2-1948.


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