The Dibrugarh University (Amendment) Act, 1975
The 29ih October 1975

**No.LJL.395/75/7.—The followiag Act of the** Assam Legislative

Assembly which received the assent of **the** Governor **is** hereby publi­
shed for general information.—

ASSAM ACT XVI OF 1975

**(Received the assent of the Governor of** **A ssam on the 23rd day**

**of o ctober,** 1975)

## THE DIBRUGARH UNIVERSITY

(AMENDMENT) ACT, 1975.

**AN**

**ACT**

## further to amend the Dibrugarh University
 Act, 1965.

Preamble. Whereas it is expedient to amend the Assam Act

## Dibrugarh University Act, 1965, hereinafter VIII of
 called the principal Act, in the manner here- 1965,
 inafter appearing;

 It is hereby enacted in the Twenty-sixth
 year of the Republic of India as follows :—

Short title 1. (1) This Act may be called the Dibru­
and com­ garh University (Amendment) Act,

mencement.

## 1975.

 (2) It shall come into force at once.

Amendment 2. In Sub-section (1) of Section 3 of the

## of A^sam [3] principal Act, the word "Rector” shall be inser-

ActVIII of ted before the words "and the members of the

1965. Court,”

Amendment 3 In Section 7 of the principal Act, after
of Section 7

## of A^amAct’Wm (ii). the following shall be inserted as
 VIII of 1965.item "(iii)” and subsequent items shall be re­
 numbered as items (iv) and (v) respectively.
 "(iii) the Rector,”
 of'secti™™^ 4. Section 9 of the principal Act, after

of Assam Actsub-section (6), the following shall be inserted
VIII of 1965.as sub-section (7), namely :—

## "(7) The Chancellor as head of the Uni­
 versity shall have the power to suspend
 the activities of the various authorities
 of the University as and when circumstan­
 ces so demand and vest all powers and
 functions of these authorities in the Chan­
 cellor to control the affairs of the autho­
 rity or authorities so suspended in such
 manner and for such a period as deemed
 fit arfief reasonable by him.


-----

## Amendment 5. (i) For Sub-section (1) of Section 10 of
 of Awaia Acrh[e] principal Act, the following shall be sub-
**VIII «f 1965.stituted, namely :—**

## "(1) The Vice-Chancellor shall be appoin­
 ted by the Chancellor on the recommen­ dation 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 Board.”

 (2) For Sub-section (2) of Section 10 of
 the principal Act, the following shall be substituted, namely :—

 "(2) The Advisory Board shall reco­
 mmend a panel of names of three per­
 sons 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 re­ commended by the Advisory Board, he may call for a fresh recommendation.”

**Iasertio» of** 6. After Section 11 of the principal Act,

Se^tif>n the following new Sections shall be inserted

**1?B in [C]a'm-** [a s] Section "11 A” and Section "11B”, namely*.—

**»m Act VIII**
**of 1965.**

## "HA. The Rector shall be appointed by
 the Chancellor on the recommendation
 of the Vice-Chancellor on such emolu­
 ments and allowances as may be fix-ed
 by the Executive Council. He shall
 hold office for a term of two years and shall be eligible for re-appointment.”

 "1 IB. The Rector shall exercise and per­
 form such powers and duties of the
 Vice-Chancellor as may be delegated to him by the Vice-Chancellor.”

**Amendment** 7. In Section 15 of the principal Act,
**ef Section 15**
**of Assam Act** in sub-section Cl),
**VIII of 1965.**

## (i) after clause (li), the following shall be
 inserted as clause "(iii)” and subsequent
 clauses shall be re-numbered.
 "(iii) the Rector,”


-----

**.** **THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975** **955**

## (ii) the existing clause (x) shall be sub­
 stituted by the following, namely:—

 "(x) The Principals of Jorhat Engineering
 College and Assam Medical College,”

 (iii) the clause (xiii) shall be substituted
 by the following, namely :—
 "(xiii) one third of the Principals of
 Degree Colleges affiliated to the Univer­ sity at a time by election from amongst themselves and shall retire after every
 three years, in the manner prescribed
 by the Statutes,”

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

 "(xiv) 10 Head of Departments and
 Professors of the University being allott­
 ed Faculty-wise by rotation to be deci­
 ded by the Executive Council.”

 (v) the clause (xvi) shall be substituted
 by the following, namely :—

 "(xvi) Seven persons to be elected by the
 members of the Assam Legislative
 A-Ssembly from among themselves,”

 (vi) the word "seven” at the starting of
 clause "(xviii)” shall be substituted by
 the word "ten.”

 (vii) in clause (xxi) sub-clauses '(a) and
 (b)’ shall start with the words "seven”
 and "two” instead of words "three” and "one” respectively.

 (viii) in clause ( xxi), sub-clause '(c)’
 shall be deleted.

 (ix) after clause (xxi), the following shall
 be inserted as clause (xxii), namely :—

 "(xxii) two Registered Graduates to be
 elected by the Registered Graduates of
 the University who are not employees of the University or the affiliated colleges.”

 8. In Section 17 of the principal Act

**Amendment** (i) After clause (i), the following shall be

**of Section 17** inserted as clause "(ii)” and subsequent
**of As»am Act** clauses shall be re-numbered.

**y i n of 1965.**


-----

## "(ii) the Rector.”

 (ii) After clause (iii), the following shall
 be inserted as clause (iv) and (v) respec­ tively and subsequent clauses shall be renumbered.

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

 "(v) The Chairman, Board of Secondary
 Education, Assam.”

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

 "(v) two Principals of Non-Government
 affiliated Degree Colleges to be elected
 from amongst themselves.”

 (iv) After clause (v), the following shall
 be inserted as clause (vi) and subsequent
 clauses shall be re-numbered.

 "(vi) one Principal of Government Degree
 Colleges to be elected from amongst
 themselves.”

 (v) the word "and” occurring at the end
 of clause "(vii)” shall be deleted.

 (vi) the punctuation full-stop (.) occurring
 in clause (viii) shall be substituted by
 the punctuation "coma” (,).

 (vii) After clause (viii), the following shall
 be inserted as clause (ix), namely :—

 "(ix) 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,”

99. (1) In Section 19 - I n S e c t i o n 19 of the principal Act, of the principal Act.

of Assam Act[a f t e r] clause (1), the following shall be inserted
VIII of 1965.as clause (2) and subsequent clauses (2) to (9)

## shall be re-numbered accordingly,

 "(2) the Rector,” ' ... ' ' ’

 (2) The clause (3) of Section 19 of the
 principal Act shall be substituted by the following, namely :—


-----

THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975

## "(8) 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 hip election.”

 (3) After clause (8) of Section 19 of the
 principal Act, the following shall be
 inserted as clause (9) and clause (10) and subsequent clauses shall be re-numbered.

 "(9) The Director of Health Services,
 Assam.”
 "(10) One Education officer of the Board
 of Secondary Education, Assam to be
 nominated by the Chairman of the afore­ said Board.”

**Amendment** 10. In Section 21 of the principal Act,

**of Section 21a** [ft]e r [ clause (1), the following shall be inserted ]

## Vlll^me!*[33] clause (2)> [a n] d subsequent clauses shall be
 re-numbered.
 "(2) the Rector,”

**Amendment** H. (1) I* Section 23 of principal Act, after

**of Section 23clause (1), th i following shall be** inserted as

## r clause (2) an 1 subsequent clauses shall be re-

**1965.** i umbered.

## "(2) tl t Rector,”

 (2) The existing clause (5) of Section 23
 of the irincipal Act shall be deleted and followi g shall be inserted as clause (51 namely —

 "(5) ten i Arsons to be elected from amongst
 the tei ihers of the affiliated colleges,
 and”

**Amendment** 12. For f ection 29 of the principal Act,

**of A sT lm ^** Howing shal be substituted, namely: —
**Act VIII of**

**1965»** "29. (1) (a) There shall be a Selection

## Commit ;ee for making recommendations
 to the Executive Council for appointment of Proi (ssors, Readers, Lecturers, Regis­ trar, teasurer, Librarian a [n] d 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 Exe­
cutive 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 nomi­

nate one person as Member-Secretary

in consultation with the Executive Coun­
cil.

(b) In making recommendations for the

appointment of Professors of the Uni­

versity the Selection Committee shall

co-opt the Head of Department concern­
ed, if he is a Professor, one Professor of
the Department to be nominated by the
Vice-Chancellor and three persons not in
the service pf the University to be nomi­
nated by the Executive Council out of

a panel of not less than five names of

perrons recommended by the Academic

Council, who have special knowledge of
the subject for which the Professor is

to I 1 selected.

(c) I i making recommendations for the

app intment of Readers or Lecturers and
oth( r teachers of the University the

Self ,'tion Committee shall co-opt the

Hea 1 of the Department concerned, one

prol issor of the Department to be nomi­
n al 1 by the Vice-Chancellor and two

perl )ns to be nominated by the Executive
Cou icil out of a panel of not less than
five names of persons recommended by
the Academic Council, who have special
kno rledge or interest in the subject for
whii h the Reader or lecturer is to be

selei ted:

Provi led that, where the Executive Coun­

cil proposes to make an appointment


-----

otherwise than in order of merit arrang­

ed 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 io the Executive
Council the name of one person only and
that person is not acceptable to the Exe­
cutive 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 Sele­
ction Committee for making fresh reco­

mmendation and in so doing, commu'ni ate
to every member of the Selection Con ni-
ttee the reasons recorded as above.

(d) Where an appointment is to be nt ide

to a temporary vacancy of teachers of he
University, the appointment shall be

made, if the vacancy is for a perioc of

one year or more, on the re-commer la-

tion of the Selection Committee in ac »r-
dance with the provisions of the pri ce­

ding sub-sections and no ad-hoc appo it-
ment shall be made by the Execu ve

Council.

(2) If a member of the Selection Commi iee

is unable to attend, he may send iis

opinion in writing to the Vice-Char 'e-

llor and such opinion shall be tai sn

into consideration by the Selection Cc ti-

mittee in making its recommendatioi

Explanation :— For the purpose of ( his

Section, the co-opted members shall be

deemed to be members of the Selec! on
Committee for the purpose for w k ch

they are co-opted.


-----

## (3) The Executive Council shall consti­
 tute one or more Committees for making recommendations to the Executive Coun­ cil for appointment to other administra­ tive posts and may prescribe by Ordi­
 nance the procedure and methods to be followed in making such recommenda­
 tions.

Insertion of 13. After Section 29 of principal Act, the

Section 29A following new Section shall be inserted as

V111 oi l>oAcj tge c tio n 29A, namely :—

## "29A. (1) There shall be a Students’
 Advisory Council, which shall consist of the following members, namely :—

 (i) One Chairman to be nominated bv the
 Vice-Chancellor from amongst the tea­
 chers of the University.

 (ii) The Director of Students’ Welfare
 Ex-officio Treasurer.

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

 (iv) President and Secretary of the Uni­
 versity Law Students’ Union.

 (v) 10 students from Sen affiliated Degree
 Colleges to be selected by the Executive Council by rotation i i the manner to be prescribe 1 by the Stal ites.

 (vi) One student fr m each teaching
 faculty ( [ the Unive sity to be elected
 as prescr bed by the 1 tatutes.

 (vii) Five students one from each of the
 five acth ities mentioi ed below who have shown outstanding p rformances in / the following activities t< be nominated by
 the Vice-Chancellor, i imely :—

..<7

## (1) Sports , J
 (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’

Advisory Council shall elect from amongst

themselves the Secretary of the Council.

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

**Students’** Advisory Council, other than ex-

officio members shall be one year.

(3) **The** quorum to constitute **a** meeting of the
Students’ Advisory Council the rules of pro­

**cedures** and conduct of business to be followed
**at a meeting** the period within which a meet­
ing shall be called and such other matters

shall be prescribed by the Statu'es:

Provided that no student shall be eligible to

**be** or continue to be a studant member 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 tease** 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 die Exe­

cutive Council and the Academic Council

in the matters effecting the students cor­

porate life of the University in so far

as it concerns the students and the co-

curricular and cxtra-curricu’ar activities in
the University and the Degree colleges

affiliated to the University.

(ii) All rules affecting study, welfare, sports,

literacy, management of Hostels, Students

home, extension work, Social work, Students
health, National Service scheme, N. C. C , etc.
shall be placed before the Students Advisory
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.


-----

962 THE ASSAM GAZE!TE, EXTRAORDINARY, OCT. 29, 1975

(iv) The Chairman of the Students’ Advi­

sory Council shall be the authority to

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

(v) The Students’ Advisory Council shall

frame its own rules of business and

shall submit the same to the Executive

Council for consideration and approval.

Amendment

of Section 31 14. In Section 31 of the principal Act, sub-
of the'Assam section (5) shall be deleted and substituted by

Act VI11 of
1965. the following, namely :—

"(5) The annual budget estimates, refe­

rred to in Section 16(b) shall after these
are finalised 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.”

Amendment

of Section 15 In clause (f) of Section 32 of the

3 2 o f1965. ,^ r STa n01 l shall be inserted, namely :—principal Act, the following two proviso^

"Provided that no Statutes relating

to the management of the Degree Colle­
ges and Halls and the conditions of ser­
vices of the employees shall apply to the
Government Colleges and the Govern­

ment Aided Colleges in respect of which
the State Government shall make nece­

ssary 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 Uni­

versity shall have no jurisdiction to

permit and affiliate new Pre-University

Class or College :

Provided further that, the Executive

Council shall have jurisdiction over re­
cognition and affiliation of Pre-University
Section of Degree Colleges and also of

existing Pre-University Colleges having

Pre-University course only under its

jurisdiction and conduct the Pre-Univer-
sity Examination till such time the

State Government by a notification in

official Gazette appoint and vest all such
powers of the Executive Council to the
Board of Secondary Education, Assam.”


-----

A ^tvin’of[1] I n sub-section (1) the words "the

‘ 1965. Rector” shall be inserted in between "(,)”

and "or” in the third line.

(2) In clause (b) of sub-section (2) after

item (i), the following shall be inserted
as item (ii) and subsequent items shall

be re-num bered.

"(ii) the Rector,”

(3) In clause (c) of sub-section (2) after

item (i), the following shall be inserted as item
(ii) and subsequent item s shall be re-num bered.

"(ii) the Rector,”

. 17. In the principal Act,after Section 42,

^«ions[n]4°A^[o] ^ [o w] ^n g Sections shall be inserted as Sections

42B and 42C42A, 42B and 42C, nam ely:—

**in** **Assam**

**Act VIII of** "42A. (1) If at any tim e it appears to be
**1965.**

**“Emergency** necessary and expedient in the opinion
**power of the** of the State Government, the State
**State Gover­** Governm ent m ay w ith the prior consul­
**nment.”**

tation w ith the Chancellor, by a notifi­

cation published in the official Gazette,

suspend all or any of the powers of the
University as prescribed in Section 4 of
the D ibrugarh University Act and other
powers as m ay 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

arrangem ent and appointm ent of any

person or authority in connection w ith

any or more exam ination or publication

of the result of any such exam ination or
exam inations or to any m atter incidental
thereto for such period as m ay be speci­
fied in the notification and m ay be

exercised by the State Governm ent if

and when necessary during such period
in such m anner and through such offi­

cers or authority as m ay be considered
fit by the State Government.

(2) The provisions of the Statutes, Ordi­

nances and Regulations fram ed under

this Act relating to any one or more of
the m atters 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 the prior consultation
with the Chancellor and shall take

affect accordingly for the purpose of

exercising the powers under the prece­

ding sub-section.

(3) The State Government tnay constitute

an Advisory Committee consisting of at
least 3 persons who, in the opinion of

the State Government are eminent edu­
cationists for advising the State Govern­
ment in the matter of discharging the

powers, duties, functions and responsibi­

lities in respect of which such powers

are taken over by the State Government
under sub-section (1) of this Section.

(4) All actions taken under the preceding

sub-sections and all examinations held

and all results of any such examinations
published and all other actions taken

under this Section shall be deemed to have
been taken, held or published in accor­

dance 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 Govern­

ment may in consultation with the Chan­
cellor by order remove such difficulty as
may appear to be necessary for the pur­

pose of exercising these powers.’’

Savings. 13 42B. Notwithstanding anything con­

tained in this Act any decision given, order

made, anything done, any action taken or any
proceedings commenced under any of the pro­
visions of the Act or Rules, Statutes, Regula­
tions in force immediately before the com­

mencement 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, com­

menced under the provisions of the Act.


-----

-------------------------------------------------------------------------------------------------------------------------------------T "

Intel:rpreta- 19. 42C. If any dispute arises as to the

tio a . interpretation of any of the provisions of this

Act, the interpretation given by the

State Governm ent shall be final and binding

to all concerned.

Md. SAADULLAH,

Joint Secretary to the Govt, of Assam,

Law Department.

Gauhati:—Printed and published by the Supdt., i/c., Printing

Press, Directorate of Ptg. & Sty., Govt, of Assam (Ex­

Gazette) No.269— 1,560+1,400-29-10-1975.


-----

