j — ORDERS BY THE GOVERNOR — Roop's Law Assist Statutes

5 j 1320^ bC ' ii 33. ■’ 3r 'fs ottgboi 5 nc o IL "32. tl .•4 J i ! T '19 r Notwithstanding. anything contained in this section, the ■ Executive Council shall not submit the draft of any Statute affecting · the powers, duties and constitution of any authority of the University unless such authority has been " given an-opportunity to express its opinion in respect of the matters and, unless the Chancellor has given his approval, to the Executive Council to submit the draft to the Court. (5) Every new Statutes or addition to the Statue or any amendment or . .repeal of the Statute shall require the previous approval of Chancellor who may Sanction, . disallow or remit it for further consideration; (1) Subject to the provisions of this Act and Statutes, the Executive Council may make Ordinances for the purposes of carrying out the Statutes and in respect of all matters which by this Act or by the Statutes are required to be or may be provided for by Ordinances. ,f< f<2) Without prejudice to the generality of the preceding sub-Section, such Ordinance may provide for all or any of the following matters, namely:^-— (a) admission of students to the affiliated or recognized colleges and courses of study, for. all Degrees and . r Diplomas; (b) the rules and procedures for holding election to the Court, the Executive Council, Academic Council and ■other authorities and bodies of the University and for 'd determining the seniority of persons for the purposes of ; ; choosing o f member by rotation to different authorities " of the University; (c) ' creation of Provident Fund or other funds for the'benefit -?;»df the employees of the University, 'exercising (d ^Academic control and supervision over colleges, ;n- Uudristitutions and other bodies whether constituent, %>>. t5. affiliated or recognized; and r . ■*!.; (d^irivestigations or enquiries to be made by the Executive · - Council under this Act. . (3) Not withstanding anything contained in the preceding subsections, no Ordinances shall be made affecting the conditions of ffidmode of appointment and the duties of examiners or the conduct or standard of examinations or any course of study unless a draft of such Ordinance has been considered by the Academic Council on being referred to it by the Executive - Council and unless the Executive Council has considered the opinion of the Academic Council. (1) Subject to the provisions of this Act, Statutes and Ordinances, each of the authorities of the University may make Regulations, consistent with this Act, the Statutes and the Ordinances, for the purpose of carrying out the duties and for exercising the powers assigned to the authorities concerned under this Act, r the Statutes and the Ordinances. j* V (2) 1 Without prejudice to the generality of the preceding ' . 'sub-section, such regulations may provide for all or ' any of the following matters, namely :----(a) tire procedure to be observed at the meeting of the ' 1 1 authority concerned and number of members required to form a quorum; sth oio_aid imng VAS Acts or Proceedings 3 4 , not to be invalid by reason o f certain irregularities Chancellor's decision to 3 5 be final in certain matters, Period o f membership Of 3 6 . the authorities 6201 1 sMJ f bsbiao in ot (b) all matters which are required to be prescribed by the regulations under this Act, Statutes or the Ordinances; (c) all matters Solely concerning the authorities concerned and not otherwise provided for by or under this Act, the Statues or Ordinances. (3) Notwithstanding' anything contained in the preceding sub-sectioris the Executive Council may direct except the Court to make such amendments and annulments of any -regulations framed by the authority in such manner as it may specify: Provided that any authority which is dissatisfied with such directions of the Executive Council may appeal to the Chancellor and the decisions of the Chancellor given on the appeal shall be final. No act or proceeding of the University or of any authority or committee of the University shall be invalid merely by reason of the existence of any vacancy or vacancies among its members or by reason, of the invalidity of the election, nomination, appointment ©f any of its members or by reason of any irregularity in the manner of choosing a member. Whenever any question arises as to whether any person has been duly elected, appointed, chosen or nominated as, or is entitled to be,, a member of any authority or body of the University of .whether any decision of any of the authorities or bodies or. of, the Vice-Chancellor of the University is in conformity with this Act, the Statutes and the Ordinances, the question shall be referred to the Chancellor, whose decision thereon shall be final. All Ex-officio members of all authorities of University 1 shall hold office so long as they hold the memberships, offices or posts by virtue of which they become members of such Authorities. Save as otherwise provided in this Act, all other members of the authorities of the University shall hold office for a period of five years or till the expiry of the term of membership whichever is earlier, from the date of elecrion, nomination, appointment or choosing of the members concerned: 1 -J' Provided further that notwithstanding the expiry of the term of membership of any authority such members shall continue to hold the membership until the new, member is elected, nominated appointed or chosen in hispl^ce. Provided further that any member elected under clause (xiv) of sub-section (1) of section 16 shall hold office for a period of one year only from the date of his election as the case may be. He shall cease to be a member of the Court on his ceasing to be a student of the University, i - j i Any member elected, nominated, appointed or chosen to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the member in whose seat he is so elected, nominated, appointed or chosen. With the approval of the Court, the Vice-Chancellor may remove a member, elected under clauses (xiv) of sub-section (1) of section 16, if he does not fulfill the conditions laid down in the provision therein. j 1 t dawoaliyonnob •t n 9 0 x;v- Delegation 3 8 ? bonsinos » 10 U> After the commencement of this Act, any college or institution' applying for affiliation to the University shall satisfy the Executive Council - (a) that the college shall be under the management of a duly constituted Governing Body which shall include at least two '''representatives o f J the University and at least three representatives of the teaching staff of the college or institution as the case may be, including the Principal; (b) that the land and buildings of the college or institution, as the case may be, and the equipments for teaching therein are adequate and suitable; „ . (e) that the strength and; qualifications of the teaching staff arg .sufficient for the courses of instruction, to be sufficient for.foc courses of instruction to be imparted in the college or institution and that the tenure of office of the teaching staff is. reasonable; (d) ithat adequate arrangements will be made for the welfare, discipline and supervision of its students; (e) that the financial resources of the college or institution are adequate to make provisions for its continued maintenance afid efficient working; and (f) that the affiliation of the colleges or institutions having regard to foe educational facilities provided by the other colleges or institutions in the same neighborhood, will not be injurious to the interest of education, i . Subject to the provisions of this Act, the ViceChancellor, and with the previous approval of the Vice-Chancellor, the Rector or the Registrar may delegate any of his powers or duties conferred or imposed by under this Act, to an officer under his direct administrative control. Subject to the provisions of this A ct,:— (a) the Court may delegate any of its powers and _■ duties conferred or imposed by this Act, to - (i) the Vice-Chancellor, (ii) the Executive Council, or (iii) a committee constituted from among its own members. ... (b) the Executive Council may delegate any of its powers or duties conferred or imposed by under this (i) foe Vice-Chancellor, (ii) the Rector, (iii) foe Registrar, ’ . (iv) a committee constituted from among its own members, (v) foe Post-Graduate Board or foe Under-Graduate Board, or £vi) the Finance Committee. (c) The Academic Council may delegate any of its powers or duties conferred or imposed by under this Act, to — (i) the Vice-Chancellor, (ii) foe Rector, (iii) foe Registrar, ft & ------- -------- Tfffi.ASSAM GAZETTE, EXTRAORDINARY, JANUARY 4,2010 (iv) a conumittee constitutedfrom among its ownmembers, (iv) a committee constituted from among its own members, '(v) the Post-Graduate Board or the Under-Graduate Board, or (vi) any of the Boards of Studies. f ■ (d) The Finance Committee may delegate any of its powers and duties conferred or imposed by under this Act, to the Vice- Chancellor. " t.> Transitory Provision of 39 (1) The Chancellor shall, within three months from the date the commencement of this Act, appoint, on such terms conditions as TransitoryProvisionof39. he thinks fit, a person to be the Vice-Chancellor. The first Vice-Chancellor shall, within a period of three months from the date of his appointment or within such longer period' not exceeding six months from the date of his appointment as the Chancellor may notify direct, and with the assistance of a committee consisting of not more than six members nominated by the Chancellor, cause the first Statutes, the first Ordinance,, and the first Regulations, of the University to be gained or made and published with the approval of the Chancellor and the first Statutes, the first Ordinances and the ·, first Regulation so framed shall come into force with effect from tbe date of spch publication as if they were framed or (2) The first Vice-Chancellor shall, within a period of three a made upder the provisions of the Act relating to them. (3) The first Vice-Chancelior shall within three months or within such a longer period not exceeding six months as the State Government, by notification direct, from the date of coining into force of the first Statutes, the first Ordinance and the first Regulation cause arrangements to be made for constituting the first Court, the first Executive Council, the first Post-Graduate Board in accordance with the first Regulations. (4) The State Government shall by notification in the Official Gazette, appoint a date, and on and from such date the authorities of the University constituted under sub-section (3) shall commence to exercise the powers and duties conferred upon them under this Act, the first Statutes, the first Ordinances and the first Regulations, (5) The first Statutes, the first Ordinances and the first Regulations o f the University shall remain in force until new Statutes, new Ordinances and the first Regulations are made under the provision of this Act. (6) The first Vice-Chancellor may, subject to the sanction of the Chancellor appoint such administrative, ministerial and other staff as he deems necessary for giving effect to the provisions of the sanction. (7) Notwithstanding that alb the officers and members of the authorities, constituting the University have not been appointed, nominated, chosen or elected as the case may be, the University shall be deemed to have come into existence on and from the date'On which this Act Comes into force. (1) Notwithstanding anything contained in this Act, the first Rector and the first Registrar shall be appointed by the Chancellor, on such terms and conditions as may deem fit. (2) At any time after the commencement of this Act, any officer of the University may be appointed by the Vice-Chancellor, with the previous sanction of the Chancellor. msne Dntz grurtos llwllolbm dnstnn toutiemi sosglle pd1o rodriv -.t gniva enointiteni Jnliboaodrigt on First appointment o f 40'. Officers and Teachers First appointment of 40: ofUniversity * I ‘ c / obbtelldg 500 The Teachers of the University may be appointed by the ' Chancellor after considering the recommendations of an 1 1 , . t Any appointment made under sub-section (2) and (3) shall be for a period not exceeding five years and on such conditions as,, the appointing authority think fit to specify provided that no such appointment shall be made until financial arrangement has been made thereof. The State Government's 4] (1) If, at any time, the State Government are of opinion that powers of supervision special reasons exist that in any respect the affairs of the University are not managed in furtherance of the objects for which any grant or donation is specifically made by Government, Public bodies or individuals, or that the University funds are misappropriated or misapplied, the State Government may indicate to the Executive Council such matter in regard to which the State Government desire explanation and call upon that body within reasonable time to offer such explanation as it may desire to offer, with any proposal which it may desire to make. If the Executive Council fails to offer any explanation or makes proposal or proposals which, in the opinion of the State Government is or are unsatisfactory, the State Government may issue such instructions, as appear to them to be necessary and desirable in the circumstances of the case, and the Executive Council shall give effect to such instructions. (1) If, at any time, it appears to be necessary and expedient in the opinion of the State Government, the State Government may with prior, consultation the Chancellor, by a , notification published in the official Gazette, suspend all or any of the powers of the University as prescribed in Section 4 of the Act and other powers as may be ancillary to such powers and take over all or any of the powers of management, fimctions of such authorities or officers including holding, conduct and superintendence Of and arrangement, and appointment of any person or authority in connection with any examination or publication of the result of any such examination or to any matter incidental thereto for such period as may be specified in the notification and may be exercised by the State Government if and when necessary during such period in such manner and through such officers or authority as may be considered fit by the State Government; Provisions of the Statutes, Ordinance and Regulations framed under this Act relating to any one or more of the matters referred to in the preceding sub-section may be amended for any of the purposes mentioned therein in such manner as may be decided by the State Government with prior consultation with the Chancellor and shall take affect accordingly for the purpose of exercising the powers under the proceeding sub-section. The State Government may constitute an Advisory Committee consisting of at least 3 persons who, in the opinion of the State Government are eminent educationists for advising the State Government in the matter of discharging the powers, duties, fimctions and responsibilities in respect of which such powers are taken over bv the State Government under subsection (1) of this section. EnwrgMcy power o f the State Government eoqug#duoy moibo ue h.bobrog g .#. bsmlleaiq odotsi Savings mi n sbtnoaunula omoit#nelqxyasfl 4. beeon Interpretation 4 4 . OTJDDTSVOU Removal o f difficulties 4 5 . bak 快 43. u I t v v If for exercising, the powers under the preceding sub-section any difficulty arises in giving effect to any one or more of the provisions of this Act or of the Statutes, Ordinances and Regulations framed thereunder, the State Government may in consultation with the Chancellor by order remove such difficulty as may appear to be necessary for the purpose of exercising these powers. ■- ' Notwithstanding anything contained in this Act any decision given, order made, anything done, any action taken or any proceedings commenced under any action takes or any proceedings commenced under any of the jifroyisions of the Act or rules, Statutes, Regulations in force immediately before the commencement of this Ast, shall in so far as they are not inconsistent with the-provisions of this Act, continue to be in force and shall be deemed to have been given, made, done or taken, commenced under the provisions of the Act. If any dispute arises as to the interpretation of any of the provisions of this Act, the interpretation given by the State Government shall be final and binding to all concerned. 'ta. If any difficulty arises as to the first constitution or reconstitution of any authority of the University after '« commencement of this Act or otherwise in first giving effec t the provisions of this Act, the State Government may by o r do anything which appears to them necessary for the purpose removing the difficulties. MOHD. A. HAQUE, Secretary to the Government of Assam, Legislative Department, Dispur. (Ex-Gazette) No. 9-500+600-4-1-2010. GUWAHATI -Printed and published by the Dy.Director P&S)Directorate of Pg.and Sty.,Assam, Guwahati-21 .00 i3 1 no

Section 5