[Cites 0, Cited by 11]

State of Assam - Act

The Assam Agricultural University Act, 1968

ASSAM
India

The Assam Agricultural University Act, 1968

Act 24 of 1968

Published on 2 January 1968
Commenced on 2 January 1968
[This is the version of this document from 2 January 1968.]
[Note: The original publication document is not available and this content could not be verified.]

The Assam Agricultural University Act, 1968(Assam Act 24 of 1968)Last Updated 10th February, 2020Published in the Assam Gazette, Extraordinary, dated 2nd January, 1968.An Act to establish and incorporate a University for the development of agriculture in the State of Assam Whereas it is expedient to establish and incorporate an Agricultural University in the State of Assam to provide better facilities for education in agriculture and allied sciences and in particular for the development of agriculture and matters connected therewith :It is hereby enacted in the Nineteenth Year of the Republic of India as follows :

Chapter I
Preliminary

1. Short title, extent and commencement.

(1)This Act may be called the Assam Agricultural University Act, 1968.

(2)It extends to the State of Assam.

(3)It shall come into force on such date as the State Government may by notification in the official Gazette appoint.

2. Definitions.

- In this Act unless the context otherwise requires-

(1)"Academic Council" means the Academic Council of that University ;

(2)"Act" means the Assam Agricultural University Act of 1968 ;

(3)"Agriculture" means the basic and applied sciences of soil and water management, crop production including the production of all the garden crops, veterinary science, fisheries, forestry including farm forestry, home economics, agricultural engineering and technology, marketing, processing, co-operative land use and management, extension and the socio-economic upliftment of the rural people ;

(4)"Appointed day" means the day so appointed under sub-section (3) of Section 1;

(5)"Board" means the Board of Management of the University as constituted under Section 10 of this Act;

(6)"Authority" means any authority of the University specified in Section 9 of this Act;

(7)"College" means a constituent College of the University under the direct control and management of the Board and the Principal Executive Officer of the University, whether located at the head-quarter campus or elsewhere ;

(8)"Extension" means the educational activities concerned with training o farmers and home makers and other groups serving agricultural and veterinary science in improved practices of agriculture, veterinary science and animal husbandry including the dissemination and application of results of reaches, and the various phases of specific technology related to agriculture and agricultural production and marketing. It would involve but may not be limited to work through discussions and demonstrations and other methods for teaching improved practices in agriculture, veterinary science and animal husbandry and the training of workers required for the conduct of these education activities ;

(9)"Faculty" means the teaching, research and extension staff of a College or division of a University including all members of the staff having the rank of Assistant Professor and above ;

(10)"Government" means the Government of the State of Assam ;

(11)"Governor" means the Governor of the State of Assam ;

(12)"Hostel" means a place of residence for students of the University maintained or recognised by the University either as a part of or separate from a College ;

(13)"Officer" means an officer of the University as specified in Section 17 of this Act, or other persons in the employment of the University, designated as Officers by the Statutes ;

(14)"Prescribed" means provisions as set forth in the approved Statutes of the University;

(15)"Principal" means the Chief Executive Officer of a College which has been or is to be taken over to become a constituent College of the University. In this case the words "Principal" refers only to the status of such an officer prior to the College being taken over by the University, and such officer may have a different title under the University ;

(16)"Regulations" means the rules and procedures made for the operation and functioning of authorities as specified in Section 9 of the Act ;

(17)"Statutes" means the statutes of the University governing matters of policy and procedure as set forth in Section 41 of this Act;

(18)"Scheduled Castes" means the Scheduled Castes specified in relation to this State under Art. 341 of the Constitution of India ;

(19)"Scheduled Tribes" means the Scheduled Tribes specified in relation to this State under Art. 342, of the Constitution of India ;

(20)"Student of the University" means the person enrolled in the University for taking a course of study for a degree, diploma, certificate or other academic distinction duly instituted ;

(21)"Teacher" means a person appointed or recognised by the University for the purpose of imparting instructions and/or conducting and guiding research and/or extension programme and may include any other persons who may be declared by the Statutes to be a teacher ;

(22)"University" means the Assam Agricultural University as constituted under this Act;

(23)"Veterinary Science" means a science dealing with Anatomy, Physiology and Pathology of animals other than man and shall include the diagnosis, prophylaxis and treatment of their diseases and their infirmity ; their relationship to men with regard to inter communicable diseases and to the use of their flesh and other products and their scientific breeding, feeding and handling and diary science.

Chapter II
The University

3. Incorporation of the University.

(1)There shall be constituted in and for the State of Assam a University by the name of the Assam Agricultural University, which shall consist of a Chancellor, a Board of Management and an Academic Council and other Authorities and officers set forth in this Act as may be provided by the Statutes.

(2)The University shall be a body corporate having perpetual succession and a common seal, and shall sue and be sued by the said name.

(3)The University shall be competent to acquire and hold property both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it for the purpose of the University, and to borrow money and to receive grants and donations from the Central Government, State Government or from any body corporate approved by the State Government, to receive and accept grants and donations from any other source and to contract and to do all other things necessary for the purposes of this Act.

(4)The headquarters of the University shall be at Jorhat with such arrangements as may be necessary for the development of the constituent colleges including provisions for research and disseminations of the result to research and extension programme.

4. Jurisdiction.

(1)With respect to teaching in he University or College level, research and extension education programmes in the field of agriculture in the jurisdiction and responsibility for this University shall extend to the entire State of Assam.

(2)The University may assume responsibility for the maintenance of Gram Sevak Training Centres and for the programme of training of field extension workers, therein and for the establishment, development and operation of Agricultural Polytechnics as may be required in the various parts of the State.

(3)All Colleges, research and experimental stations or other institutions coming under the jurisdiction and authority of this University will be under the full management and control of the University Officers and authorities. No unit shall be recognised as an affiliated unit.

5. Objects of the University.

- The University shall be established and incorporated for the following purposes :

(1)Making provisions for imparting education to the people in agriculture and other allied branches of learning.

(2)Furthering the advancement of learning and prosecution of research in agricultural and other allied sciences.

(3)Undertaking the extension of such sciences specially to the rural people of the State.

6. Admission to the University.

(1)The University shall, subject to the provisions of this Act, the Statutes, and the regulations, be open to all persons ; provided that nothing in this section shall require the University to admit to any course of study any person who does not meet the prescribed standards for admission or to retain on the rolls of the University a person whose academic records are below the minimum standards required for the awards of a degree or whose personal conduct is such as to be inimical to the purposes of the University or to the appropriate rights and privileges of other students and staff.

(2)Subject to the above provisions, the State Government may direct that the University shall reserve in Colleges seats for Scheduled Castes, Scheduled Tribes and Other Backward Classes of the State and/or candidates from other States in India.

7. Powers and functions of the University.

- The University shall have the following powers and functions, namely :

(1)to provide for instructions in agriculture and other allied branches of learning as the University may deem fit;

(2)to make provisions for conduct of research in agriculture and other allied branches of learning ;

(3)to make provisions for dissemination of the findings of research and technical informations through an extensive education programme ;

(4)to institute degrees, diplomas and other academic distinctions ;

(5)to institute courses of study and hold examination for, and confer degrees, diplomas, certificates and other academic distinctions on person who has pursued a course of study as prescribed or carried out research in the University or institution recognised in this behalf by the University as may be prescribed ;

(6)to confer honorary degrees and other distinctions as may be prescribed ;

(7)to provide lectures and instructions for filed workers, village leaders, and other persons not enrolled as regular students of the University and to grant certificates to them as may be prescribed ;

(8)to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine subject to the limitations set forth in Section 4 of this Act;

(9)to maintain Colleges relating to agriculture, fisheries, diary, veterinary medicine, animal sciences, home science, agricultural engineering, forestry, and allied sciences ;

(10)to maintain laboratories, libraries, research stations, farms and institutions and museums for teaching, research and extension education;

(11)to institute teaching, research and extension education posts and to appoint persons to such posts ;

(12)to create administrative and other posts and to appoint persons to such posts ;

(13)to institute and award fellowships, scholarships and prizes in accordance with the Statutes ;

(14)to institute and maintain residential accommodation for students and staff of the University;

(15)to fix, demand and receive such fees and charges as may be prescribed ;

(16)to supervise and to control the residence, conduct and discipline of the students of the University ; and to make arrangements for promoting their health and welfare ;

(17)to do all such acts and things whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of the University.

8. Inspection and inquiry.

(1)The Chancellor shall have the right under extraordinary circumstances to cause an inspection to be made by such person as he may direct, of the University, its buildings, laboratories, libraries, farms, museums, workships and equipments and any institutions, college or hostel maintained or administered by the University, of the teaching and other work conducted by the University or under its auspices and of the conduct or any other functions including all matters connected with the administration and finances of the University.

(2)The Chancellor shall in every case give due notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.

(3)The Chancellor shall communicate to the University the views of the State Government with reference to the result of such inspection or inquiry, and may after ascertaining the opinion thereon of the University advise the University upon the action to be taken and fix a time limit for taking such action.

(4)The University shall, within the time limit so fixed, report to the Chancellor, the action which has been taken or proposed to be taken on the advice so rendered.

(5)The Chancellor may, where action has not been taken by the University to the satisfaction of the Chancellor within the time limit fixed, and after considering any explanation furnished or representation made by the University, issue such directions as the Chancellor may think fit and the University shall comply with such direction.

(6)Notwithstanding anything contained in the preceding sub-sections of this section, if at any time the Chancellor is of opinion that in any manner the affairs of the University are not managed in furtherance of the objects of the University, or in accordance with the provisions of this Act, or the statutory regulations or the special measures desirable to maintain the standards of the University, teaching, examinations or research extensions, he may indicate to the University any matter in reward to which he desires an explanation, and call upon the University to offer such explanations within such time as may be specified by the Chancellor.If the University fails to offer any explanations within the time specified or offers an explanation which in the opinion of the Chancellor is not satisfactory he may issue such instructions as appeared to him to be necessary and desirable in the circumstances of the case, and may exercise such powers as may be necessary for giving effect to these instructions.

(7)The University shall furnish such information relating to the administration of the University as the Chancellor may require.

Chapter III
Authorities of the University

9. Authorities of the University.

- The following shall be the authorities of the University, namely :-

(1)The Board of Management;

(2)The Academic Council ;

(3)The Board of Studies of each Faculty including Post-Graduate Studies; and

(4)Such other bodies of the University as may be declared by the Statutes to be authorities of the University.

10. Constitution of the Board.

(1)The Chancellor shall, as soon as may be, after the first Vice-Chancellor is appointed under the provisions of sub-sections (1) of Section 19 take action to continue the Board of Management.

(2)The Board shall consist of the following members :

(a)The Vice-Chancellor - Ex-officio Chairman ;

(b)

(i)the Finance Commissioner ;

(ii)the Secretary, Panchayat and Community Development Department;

(iii)the Agriculture Production Commissioner ; and

(iv)the Secretary, Veterinary Department;

(c)One eminent Agricultural Scientist with background of agricultural research, or education to be nominated by the Chancellor ;

(d)Two progressive farmers or livestock breeders ;

(e)A distinguished industrialist or manufacturer having special knowledge in Agricultural Development nominated by the State Government;

(f)One outstanding woman social worker preferably having background of rural advancement nominated by the State Government;

(g)Three members of the Assam Legislative Assembly to be elected by the Assembly;

(h)Two representatives of teachers, one from teachers teaching agriculture ; and the other from teachers teaching veterinary ;

(i)The Director of Agriculture ;

(j)The Director of Veterinary and Animal Husbandry ; and (k) A representative of Indian Council of Agricultural Research.

(3)The Vice-Chancellor shall be the ex-officio Chairman and Registrar the non-member Secretary of the Board. One-third of the members of the Board shall constitute quorum for the transaction of the business, provided all members had been given due advance notice of the meeting.

(4)The term of office of the non-official members shall be five years, and such a member shall be eligible to serve for more than one term.

(5)In case of a vacancy occurring before the expiry of the term of going members, his successor shall serve the remaining unexpired portion of his term.

(6)The members of the Board shall not be entitled to receive any remuneration from the University except such daily and travelling allowances as may be prescribed.

(7)If any member of the Board does not attend three consecutive meetings of the Board he shall be disqualified from being a member of the Board unless such absence has been caused for circumstances beyond the control of such member.

11. Powers and duties of the Board.

(1)The Board shall exercise and perform the following powers and functions, namely :

(a)to review and consider the financial requirements and estimates for the University and approve its budget ;

(b)to approve the recommendations for appointment of officers, teachers and other staff of the University in the manner prescribed ;

(c)to provide for the administration of any fund placed at the disposal of the University for the purpose intended ;

(d)to arrange for investment and withdrawal of funds of the University;

(e)to borrow money for capital improvements and make suitable arrangements for its repayment;

(f)to provide for accepting, acquiring, holding and disposal of property on behalf of the University ;

(g)to direct the form and use of the common seal of the University ;

(h)to appoint such committees, either standing or temporary as the Board may consider necessary and determining the terms of reference thereof within the limitations of the Act or the Statutes ;

(i)to determine and regulate all policies relating to the University in accordance with this Act or the Statutes ;

(j)to make financial provisions for instruction, reaching and training in such branches of learning and courses of study as determined by the Academic Council within the purposes of this Act ; and for the research and the advancement and dissemination of knowledge ;

(k)to provide for the establishment and for the maintenance of the Colleges, hostels, laboratories, experimental farms, and other facilities necessary for carrying out the purposes of this Act;

(l)to make provisions of instituting and conferring degrees, diplomas, certificates and other academic distinctions ;

(m)to provide for institution, maintenance and awards of scholarships, fellowships, studentships, medals, prizes, etc. ;

(n)to accept on behalf of the University, trust, bequests and donations ;

(o)to meet at such times and at such places as it considers necessary ; provided that it shall hold regular meetings at every two months and at least half of such meetings shall be held at same branch of the University; and

(p)to exercise such other powers and perform such other duties not inconsistent with this Act, or Statutes as may be necessary for carrying out the purposes of this Act.

(2)The Board may, for the purpose of consultation, invite any person having experience of special knowledge on any subject under-consideration to attend its meetings. Such person may speak in and otherwise take part in the proceedings of such meetings but shall not be entitled to vote at any such meeting. Any person so invited shall be entitled to such allowances for attending the meeting as may be prescribed.

12. Academic Council.

(1)The Academic Council shall be in charge of the academic affairs of the University and shall, subject to the provisions of the Act, and the Statutes, superintend, direct and control and be responsible for the maintenance of standards of instructions, education and examinations and other matters connected with the conferment of degrees or award of diplomas, certificates ; and shall exercise such other powers and perform such other duties as may be conferred or imposed on it by the statutes. It shall advise the Vice-Chancellor on all academic matters.

(2)The Academic Council shall consist of the following members, namely :

(a)The Vice-Chancellor - Ex-officio Chairman ;

(b)The Deans of the various Faculties ;

(c)The Director of Research ;

(d)The Director of Extension ;

(e)The Director of Student Affairs ;

(f)The Head of one Department from each College to be selected by the respective Colleges in the manner prescribed ;

(g)The Registrar - Ex-officio Secretary ;

(h)The Director of Colleges of Basic Sciences and Humanities ;

(i)The Chief Librarian ;

(j)The Dean of Post-Graduate Studies ;

(k)Such other members as may be prescribed ; and

(l)Two members shall be co-opted by he Academic Council to secure adequate representation of different fields of Agriculture.

13. Powers, functions and duties of the Academic Council.

(1)The Academic Council shall, subject to the provisions of this Act and the Statutes have the power by regulation of prescribing all courses of study and determining curricula, and shall nave general control on teaching and other educational programmes within the University and shall be responsible for the maintenance of standards thereof.

(2)It shall have power to make regulations consistent with this Act and the Statutes relating to all academic matters subject to its control and to amend and repeal such regulations.

(3)In particular and without prejudice to the generality of the foregoing powers, the Academic Council shall have powers-

(a)to advise the Board on all academic matters including the control and management of libraries;

(b)to make recommendations for the institution of professorships, associated professorships, readerships, teacherships, teaching assistantships, and other teaching posts including posts in research and extension and in regard to the duties thereof ;

(c)to formulate, modify or revise schemes, for the constitution or reconstitution of departments of teaching, research and extension education;

(d)to make regulations regarding the admission of students to the University and determine the number of students to be admitted ;

(e)to make regulations relating to the courses of study leading to degrees, diplomas and certificates ;

(f)to make regulations relating to the conduct of examinations and to maintain and promote standard ;

(g)to make recommendations regarding Post-graduate teaching, research and extension education ;

(h)to make recommendations regarding the qualifications to be prescribed for teachers in the University ; and

(i)to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under the provisions of this Act.

13A.

[Deleted].

13B.

[Deleted].

14. The Faculties.

(1)The University shall have such Faculties as may be prescribed.

(2)Each Faculty shall comprise of such departments with such assignments of subjects of study as may be prescribed.

(3)There shall be a Board of Studies of each Faculty the constitution and powers of which shall be prescribed.

(4)There shall be a Dean for each Faculty who shall be chosen in such manner and for such term as may be prescribed.

(5)The Dean shall be the Chairman of the Faculty and be responsible for the faithful observance of the Statutes and regulations relating to the faculty and for the organisation and conduct of the teaching, research and extension work of the departments comprised therein. In carrying out the research and extension programmes he shall work in dose co-operation with the Directors and the Associated Directors of Research and Extension respectively.

(6)Each department shall have a head whose appointment, powers and duties shall be as prescribed and who shall be responsible to the Dean for the proper organisation and working of the Department. He shall be responsible to the Directors and Associate Directors of Research and Extension respectively for the research and extension programmes entrusted to the Department.

15. Constitution of Committees.

- Every authority shall have the power to appoint Committees which may unless otherwise provided in the Act or Statutes consist of the members of the Authority and such other person as it may think fit.

16. Membership in authorities.

(1)Filling of casual vacancies. - Save as otherwise provided in this Act all casual vacancies among the members, other than ex-officio members, for any authority or other body of the University, shall be filled, as soon as conveniently may be, by the person or the body who appointed, elected or co-opted the members, whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the time for which the person whose place he fills would have been a member.

(2)Removal from membership. - The Board may remove any person from membership of any authority or body of the University on the ground that such person has been convicted of any offence involving moral turpitude ; provided that no order for removal shall be passed against any person without giving him an opportunity of being heard.

(3)A person who is a member of any authority of the University as representative of another body, whether of the University or not, shall retain his seat on the University authority or body, so long as he continues to be a member of the body by which he was appointed or elected and thereafter till his successor is duly appointed or elected.

(4)If any question arises whether any person has been duly appointed or elected as or is entitled to be a member of any authority of the University subordinate to the Board or whether any decision of the University is in accordance with this Act and Statutes, the question shall be referred to the Chancellor whose decision thereon shall be final.

Chapter IV
Officers

17. Officers of the University.

- The following shall be the officers of the University, namely :

(1)The Chancellor;

(2)The Vice-Chancellor;

(3)The Registrar;

(4)The Comptroller;

(5)The Director of Physical Plant;

(6)The Director of Student Welfare ;

(7)The Deans of Faculties ;

(8)The Director of the College of Basic Sciences and Humanities ;

(9)The Director or Research ;

(10)The Associate Director of Research ;

(11)The Director of Extension ;

(12)The Associate Director of Extension ;

(13)The Director of Post-Graduate Studies ;

(14)Two Librarians ; and

(15)Such other persons in the service of the University as may be declared by the Statutes to be officers of the University.

18. The Chancellor.

- The Governor of the State of Assam shall, by virtue of his office, be the Chancellor of the University.

(2)The Chancellor shall be the Head of the University and shall, when present, preside at any convocation of the University.

(3)Every proposal to confer an honorary degree shall be subject to the confirmation of the Chancellor.

(4)The Chancellor shall exercise such other powers and perform such other duties as may be conferred or imposed on him by this Act or the Statutes.

19. The Vice-Chancellor.

(1)The Vice-Chancellor shall be a whole time officer of the University. He shall be an eminent scholar and administrator with background of Agriculture, Animal Husbandry and Veterinary Education, Research and Development. The first Vice-Chancellor after the commencement of this Act shall be appointed by the Chancellor for a period not exceeding five years and on such terms and conditions as the Chancellor may determine. Subsequent Vice-Chancellors shall be appointed by the Chancellor from a panel of three names submitted by a Selection Committee consisting of-

(a)One eminent Agricultural Scientist or educationist nominated by the Board ;

(b)The Director-General of Indian Council of Agricultural Research ;

(c)A nominee by the State Government.

(1a)Notwithstanding anything contained in the Act or any contract express or implied, the existing appointment of the Vice-Chancellor shall cease to be operative after the commencement of this Act and the Chancellor shall proceed to appoint the Vice-Chancellor in accordance with the provisions of this Act.

(2)A member of the Selection Committee shall not be the member of the Board of Management of Employees of the University.

(3)The Vice-Chancellor shall normally hold office for a term of five years and shall be eligible for re-appointment for one additional term of five years. The emoluments and other conditions of service of the Vice-Chancellor shall be such as may be determined by the Chancellor.Provided that no person shall hold the office of the Vice-Chancellor beyond the age of 65 years.

(4)The Vice-Chancellor my, by writing under the hand addressed to the Chancellor, resign his office. The resignation shall be delivered to the Chancellor ordinarily at least 60 says prior to the date on which the Vice-Chancellor wishes to be relieved from his office, but the Chancellor may relieve him earlier. The resignation shall take effect from the date of relief.

(5)In the temporary absence of the Vice-Chancellor the senior-most officer amongst the Deans should temporarily carry on the routine duties of the office. Where the post of Vice-Chancellor falls permanently vacant either by resignation or otherwise, the vacancy shall be filled by the Chancellor in accordance with the provisions of sub-section (1) of this section and the Vice- Chancellor so appointed shall hold office for full term of five years.

20. Powers and duties of Vice-Chancellor.

(1)The Vice-Chancellor shall be the Principal Executive and Academic Officer of the University and ex-officio Chairman of the Board and the Academic Council. He shall, in the absence of the Chancellor, preside at the Convocation of the University and confer degrees on persons entitled to receive them.

(2)The Vice-Chancellor shall exercise general control over the affairs of the University and shall be responsible for the maintenance of discipline in the University.

(3)The Vice-Chancellor shall ensure the faithful observance of the provisions of this Act, the Statutes and the Regulations.

(4)The Vice-Chancellor shall be responsible for presentation of the annual financial estimate and the annual accounts and the balance-sheets to the Board.

(5)The Vice-Chancellor shall take such action in an emergency as may be deemed necessary and proper. He shall, in such cases and as soon as may be thereafter, report his action to the authority which ordinarily have dealt with the matter.

(6)Where any action taken by the Vice-Chancellor under sub-section (5) affects any person in he service of the University to his disadvantages, such person may prefer an appeal to the Board within thirty days from the date on which such person has notice of the action taken.

(7)Subject to the provision of the preceding sub-sections, the Vice-Chancellor shall give effect to the orders of the Board regarding the appointment, suspension and dismissal of officers, teachers and other employees of the University.

(8)The Vice-Chancellor shall be responsible for the proper administration of the University and for a close co-ordination and integration of teaching, research and extension education.

(9)The Vice-Chancellor shall exercise such other powers as may be prescribed for the carrying out of the purposes and provisions of this Act.

21. Extraordinary powers of the first Vice-Chancellor.

(1)The first Vice-Chancellor, for a period of one year from the date of his appointment or for such shorter period as may be determined by the Chancellor shall have the following powers :

(a)Subject to the approval of the Chancellor to make the first statutes to provide for functioning of the University ;

(b)With the previous approval of the Chancellor to constitute provisional authorities and bodies and on their recommendation make rules for the conduct of the work of the University ;

(c)Subject to the control of the Chancellor, to make such financial arrangements and to incur such expenditures as may be necessary to enable this Act and any part thereof to be brought into operation ;

(d)With the previous sanction of the Chancellor, to make such appointments as may be necessary to enable this Act or any part thereof to be brought into operation :

(e)With the previous sanction of the Chancellor, to appoint Committees that he may think necessary for discharging such of the functions as he may direct.

(f)Generally to exercise all or any of the powers conferred on the Board by this Act or the Statutes.

(2)Any order passed by the Vice-Chancellor in exercise of the powers conferred on him by Clauses (b), (d) and (e) of sub-section (1) shall continue to have effect after the expiry of the period specified thereunder until it is modified or set aside by the authority or body competent to deal with it in accordance with the provisions of this Act.

22. Registrar.

(1)The Registrar shall be a whole-time officer of the University and shall be appointed by the Vice-Chancellor subject to the approval of the Board.

(2)The Registrar shall be responsible for the due custody of the records and the common seal of the University. He shall be the ex-officio Secretary to the Academic Council and shall be bound to place before it all such informations as may be necessary for the transaction of business. He shall receive applications for entrance to the University and shall keep a permanent record of all courses, curricula and other information as deemed necessary.

(3)The Registrar shall be responsible for maintaining a permanent record of the academic performance of the students of the University including the courses taken, grades obtained, degrees awarded, prizes or other distinctions won, and any other items pertinent to the academic performance of the student.

(4)The Registrar shall perform such other duties as may be prescribed from time to time, or which may be assigned to him by the Board or the Vice-Chancellor.

23. The Comptroller.

(1)The Comptroller shall be a whole-time officer of the University and shall be appointed by the Vice-Chancellor subject to the approval of the Board.

(2)The Comptroller shall manage the funds and investment of the University and shall advise in regard to its financial policy.

(3)The Comptroller shall be responsible to the Vice-Chancellor for the preparation of the budget and statement of accounts of the University.

(4)The Comptroller shall be responsible to the Vice-Chancellor for ensuring that expenditures are made as authorised in the budget. When budget revisions are required in the interest of expanding new programmes, changed requirements and for other reasons, he shall be responsible for preparing the needed revision and for expediting their appropriate approval. He may disallow any expenditure which may contravene the terms of any statute or for which provision is required to be made by new statute.

24. The Director of Physical Plant.

(1)The Director of Physical Plant shall be appointed by the Vice-Chancellor with the approval of the Board.

(2)The Director of Physical Plant shall have the following duties, namely :

(a)to make arrangements for the purchase and maintenance of machinery and other equipment necessary for the purpose of the University;

(b)to make arrangements for the maintenance and constructions of the buildings, and other structures of the University ;

(c)to be responsible for the maintenance of the lawns, grounds and gardens of the University campus ;

(d)he shall be general custodian of all University property ; and

(e)such other duties as may be prescribed or as may be assigned to him by the Vice-Chancellor.

25. The Librarians.

- The Librarians shall be appointed by the Vice-Chancellor subject to the approval of the Board and shall be responsible to the Vice-Chancellor for all matters concerning the library, and the purchases, maintenance of books and journals, catalogue and operation of the library.

26. The Deans of Faculties of College.

(1)There shall be a Dean for each faculty who shall be a whole-time officer and shall be appointed by the Vice-Chancellor with the approval of the Board.

(2)The Dean shall be the Chairman of the Board of Studies of that faculty and shall be responsible to the Vice-Chancellor for the faithful observance of the Statutes and the regulations relating to the faculty and for the organisation and the conduct of those functions. He shall work in close liason with other officers, including the Associate Dean, Directors or Associate Directors of Research and Extension and would generally work through the Heads of the Departments of the Faculty.

(3)The Dean shall have such other duties and such other functions as may be necessary for the proper functioning as assigned by the Vice-Chancellor.

27. The Director of Post-Graduate Studies.

(1)The Director of Post-Graduate Studies shall be a whole-time officer of the University and shall be appointed by the Vice-Chancellor subject to the approval of the Board.

(2)The Director of the Post-Graduate Studies shall have the following duties, namely:

(a)to co-ordinate of Post-Graduate Studies in all Colleges, departments and sections of the University ;

(b)to effect general co-ordination of Post-Graduate thesis, research programmes with the on-going programme of the University's Agricultural Research Services, through the Director of Agricultural Research ;

(c)to supervise maintenance of records pertaining to Post-Graduate courses, instructions and studies.

28. The Director of Research, Agriculture and the Director of Research, Veterinary.

- There shall be a the Director of Research, Agriculture and the Director of Research, Veterinary who shall be a whole-time salaried officer of the University responsible to the vice-Chancellor. He shall be appointed by the Vice-Chancellor with the prior approval of the Board in accordance with the Statutes made in this respect. The Director of Research, Agriculture and the Director of Research, Veterinary shall be responsible for the direction and co-ordination of research programme as set forth in Section 33 of this Act and efficient working of the research stations.

(2)The Director of Research, Agriculture and the Director of Research, Veterinary shall exercise such powers and perform such duties as may be conferred or imposed on him by the Statutes.

29. The Director of Extension and Associate Director of Extension.

(1)There shall be a Director of Extension and an Associate Director of Extension who shall be whole-time salaried officer of the University responsible to the Vice-Chancellor. He shall be appointed by the Vice-Chancellor with the prior approval of the Board in accordance with the Statutes made in this respect.

(2)He shall be responsible for the Agricultural Extension Programme as set forth in Section 34 of this Act.

(3)The Director of Extension and the Associate Director of Extension shall exercise such powers and perform such duties as may be conferred or imposed on him by the Statutes.

30. The Director of College of Basic Sciences and Humanities.

- The College of the Basic Sciences and Humanities shall be headed by a Director who shall be responsible for giving general direction to the employment and the supervision of the staff necessary for providing courses for studies in the Basic Sciences and Humanities necessary in the curricula of students in the other Colleges of the University and for the development and supervision of instruction, programme in these fields as required for the curricula of the University.

31. The Director of Student Welfare.

(1)The Director of Student Welfare shall be whole-time officer and shall be appointed by the Vice-Chancellor with the approval of the Board.

(2)The Director of Student Welfare shall have the following duties, namely :

(a)to make arrangements of housing of students ;

(b)to arrange programme of student's counselling ;

(c)to arrange for the employment of students in accordance with the plans approved by the Vice-Chancellor ;

(d)to supervise the extra-curricular activities and look after the general needs of the students ;

(e)to assist in the placement of the graduates of the University ; and

(f)to perform such other duties a may be assigned to him by the Vice-Chancellor.

32. Remuneration of officers and employees.

- No officer or employee of the University shall be offered nor shall he accept any remuneration for any work in the University save such as may be provided for in the Statutes.

Chapter V
Research and Extension

33. Agricultural Research Programme.

(1)Agricultural Experimental and Research Stations shall be established under the University subject to the provisions of this Act and the Statutes which shall have the responsibility for Research both fundamental and applied. Research activities shall be conducted at the Central Research Stations and other Regional Research and Experimental Stations to be established in the different Agro-climatic Zones of the State.

(2)The Assam Agricultural College, Jorhat, and the Assam Veterinary College, Khanapara of the State Departments of Agriculture and Animal Husbandry and Veterinary together with their staff and funds shall be transferred to the Agricultural University on such terms and conditions as specified in subsections (2), (5), (6), (7) and (8) of Section 47. the Research and Experimental Stations of the Department of Agricultural and animal Husbandry and Veterinary Science together with their staff and funds shall be transferred to the Agricultural University on such terms and conditions as specified in sub-sections (4), (5), (6), (7) and (8) of Section 47.

34. Agricultural Extension Programme.

(1)An Agricultural Extension Programme shall be established in the University and shall subject to the provisions in this Act and the Statutes make useful information based upon the findings of research available to farmers and others to help and solve their problems. It shall conduct demonstrations and training programmes for the benefit of students, extension workers, cultivators, and rural people, Increased agricultural production shall be the principal objective of all extension activities and these activities shall be co-ordinated with the other functions of the University and other appropriate agencies of the State.

(2)The Assam Agricultural University shall be responsible for the Agricultural Extension Education activities in the State necessary to provide information and demonstrate practically to farmers and cultivators the findings and development of Agricultural, Animal Husbandry and Veterinary research to improve rural living and to increase agricultural production with special emphasis on food production and utilisation.

(3)In order that the University may conduct such educational activities, the State Government shall transfer to the University the necessary personnel, facilities and funds in accordance with a plan to be developed and mutually agreed upon by the Board and the State Government.

(4)The Agricultural, Animal Husbandry and Veterinary Extension Programmes shall be developed under the guidance of a Director of Extension and an Associate Director of Extension responsible to the Vice-Chancellor.

35. Co-ordination of functions.

(1)In consultation with the appropriate officers of the University, the Vice-Chancellor shall be responsible for taking such steps as may be necessary for the full co-ordination of teachings, research and extension activities of the University.

(2)The Vice-Chancellor shall be responsible for the creation of conditions conducive to maximum progress in the development of new information and technology in its natural physical and social sciences and their inclusion in the curricula and application in practice throughout the State.

(3)The University shall develop in programme of teaching, research and extension education keeping in view the needs of the State and shall provide appropriate technical support and consultative advice to the State Government Departments engaged in Agricultural, Animal Husbandry and Veterinary development work.

Chapter VI
Appointment of Teachers, Officers and Staff

36. Appointment of teachers and staff.

(1)Subject to the provisions of this Act the members of the staff of the University shall be appointed by the Vice-Chancellor with the approval of the Board.

(2)Except in cases otherwise provided for in the Statutes every salaried officer and teacher of the University shall be appointed under a written contract. The contract shall be lodged with the Vice-Chancellor and a copy thereof shall be furnished to the officer or teacher concerned. The contract shall not be inconsistent with the provisions of this Act and the Statutes for the time-being in force in relation to the conditions of service.

(3)The procedure for the selection of officers, teachers and other employees of the University unless otherwise provided in this Act shall be prescribed.

(4)All matters relating to superannuation and re-employment of University employees shall be prescribed subject to approval of the State Government.

Chapter VII
University Funds etc.

37. Pensions and provident funds.

(1)The Gauhati University may constitute for the benefit of its employees such as pensions, insurance and provident fund as it may deem fit.

(2)For such pension, insurance and provident funds so constituted by the University, the Government may declare that the provisions of the Provident Fund Act, 1925 and subsequent amendments shall apply to such funds as it were a Government Provident Fund : Provided that the University shall have power in consultation with the Finance Committee of the Board to invest the provident fund amount in such manner as it may determine.

(3)Persons in Government services transferred to the University shall be governed under such terms and conditions as may be agreed to between the University and the Government.

38. University funds and grants.

- (A) General funds. - The University shall have a general fund to which it shall be credited-

(1)its income from fees, endowments and grants, if any ;

(2)constitution or grants which shall be made by the Government on such conditions as it may impose ;

(3)grants, donations and benefactions ; and

(4)other receipts.

(B)Foundation fund. - (1) The University shall have a fund called the Foundation Fund from contribution and grants made by the Central Government and the State Government for being credited to that fund and such other sums from the University which may be credited to the said fund.

(2)The nominees in the Foundation Fund shall be invested in the securities mentioned or referred to in Clauses (a) to (d) of Section 19 of the Indian Trust Act, 1882.

(3)The University shall furnish statements, accounts, reports and other particulars as the State Government may require relating to any grant made by the Government and shall take such actions and furnish such statements, accounts, reports and other particulars relating to the utilisation of any grants within such time as the State Government may direct.

(4)It shall be competent for the University in furtherance to its objectives to accept grants from the Government of Assam or any other State Government or Central Government or Statutory Bodies endowments as donations under such conditions as may be agreed upon between the University and the grantor or donor.

(C)Other funds. - The University shall have such other funds as may be prescribed by the Statutes.

(D)Management of funds. - The General Fund, Foundation Fund and other funds of the University shall be managed according to provisions laid down by the Statutes.

(E)Government grant. - The State Government or Central Government shall every year make non-lapsable lump sum grant to the University as follows :

(1)A grant not less than a net expenditure incurred in the State of Assam on such of the activities on the institution of the Agricultural, Animal Husbandry and other Government Departments as transferred to the University ;

(2)A grant not less than the estimated net expenditure of pay and allowances of the staff, contingencies, supplied and services of the University other than in respect of the activities in institutions referred to in Clause (1);

(3)A grant to meet such additional items of expenditure, recurring and non-recurring, as the State Government may deem necessary also to the proper function of the University ;

(4)The Government shall also make a non-lapsable lump sum grant to the University in respect of schemes included in he Five Year Plan and transferred to it for implementation by the University of an amount equal to the net outlay shown in the annual plan. Adjustment may be made for the anticipated assistance from the Central Government and other agencies sponsoring such schemes provided such assistance may come to the University directly rather than through the State Government.

39. Finance Committee.

(1)The Board shall constitute Finance Committee consisting of the following persons, namely : the Vice-Chancellor. The Secretary o the Finance, Agricultural and Animal Husbandry, and Veterinary Departments to the Government of Assam, Comptroller, one member chosen by the Board from among its non-official members.

(2)The Finance Committee shall have the following powers, namely :

(a)to examine the annual account of the University and to advise to Board thereon ;

(b)to examine the annual budget estimates and to advise the Board thereon;

(c)to review the financial position of the University from time to time ;

(d)to make recommendations to the University of all matters relating to the finance of the University ; and

(e)to make recommendations to the Board on all proposals involving expenditure for which no provision has been made in the budget or which involves expenditure in excess of the amount provided in the budget.

40. Accounts and auditing.

(1)The annual accounts of the University shall be prepared by the Comptroller under the direction of the Vice-Chancellor and all monies accuring to or received by the University and all amounts disbursed and paid by the University shall be entered in the accounts.

(2)The annual accounts and the Balance sheet shall be submitted by the Vice-Chancellor to he State Government which shall cause audit to be carried by a Chartered Accountant or Accountant General as it may appoint in this behalf. The accounts when audited shall be printed and published in the official Gazette and the copies thereof, together with the audit report, shall be presented by the Vice-Chancellor to the Board and to the Vice-Chancellor.

(3)The Board shall submit a copy of the accounts and report to the State Government along with statement of the action taken by the University on the audit report and the State Government shall cause the same to be laid before the Legislature.

Chapter VII
Statutes and Regulations

41. The Statutes.

- Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely :

(1)The constitutions, powers and duties of the authorities ;

(2)the powers, functions, duties manner of appointment and conditions of service of the officers other than the Chancellor ;

(3)The designation, manner and appointment, powers and duties of officers ;

(4)The classification and manner of appointment of teachers and other non-teaching staff;

(5)The conferment and withdrawal of honorary degrees and academic distinction;

(6)The establishment, amalgamation, sub-division and abolition of faculties ;

(7)The establishment of department of teaching in the faculties ;

(8)The salaries and emoluments, allowances and other conditions of service of the Registrar, the Comptroller, the Director of Physical Plant, the Librarians, the Director of Post-Graduate Studies, the Directors and the Associate Directors of Research and Extension and the Dean of Student Welfare ;

(9)The manner of opponent and selection of officers other than the Vice-Chancellor and their powers and their terms and conditions of service;

(10)The establishment of a pension or provident fund and other insurance scheme for the benefit of officers, teachers and other employees of the University and the rules, terms and conditions of such funds;

(11)All other matters required to be prescribed under this Act.

42. Statutes how made.

(1)The first Statutes with regard to matters set out in Clause (1) to (11) of Section 41 shall he made by the Vice-Chancellor with the approval of the Chancellor.

(2)Additional Statutes may be made subsequently on all matters requiring Statutes, subject to approval by the Board and the Chancellor.

(3)Statutes may be proposed by the Academic Council, the Vice-Chancellor or by the Board. In case of a Statute proposed by the Board concerning the internal working of the University the draft Statute must be referred to the Vice-Chancellor for consideration in the University and sufficient time given to allow the University to review the proposed Statute and to make any suggestions for changes or modifications therein before final action is taken by the Board.

(4)Any Statute may be repealed by action of the Board and approval of the Chancellor.

(5)All Statutes made under the Act shall be published in the official Gazette.

43. Regulations.

(1)The authorities of the University may, by notification in the official Gazette, make regulations consistent with the Acts and the Statutes.

(2)Every authority of the University shall make regulations providing for the giving of notice to the members of such authority of the date of the meetings and the business to be considered at the meetings and for keeping of the records of the proceedings of the meetings.

(3)The Academic Council may subject to provision under the Statutes make regulations providing for Courses of Studies, system of examinations and degrees, certificates and diplomas of the University after receiving draft of the same from the Board of Studies concerned,

(4)The Academic Council may not alter a draft received from the Board of Studies but may reject the draft or may return it to the Board of Studies for further consideration together with the suggestions for the Council. The Academic Council shall, however, be the final authority for approval of such proposals.

(5)The Board may direct such amendment or amendments of any regulation made under the provisions of the Act as it may specify and such directions may be binding.

(6)The authorities of the University may make regulations in respect of the following matters namely :

(a)The procedure of meetings of such authorities including the quorum for the transaction of business.

(b)The holding of convocations to concern degrees and diplomas.

(c)The conferment of honorary degrees, academic distinctions and withdrawals of degrees.

(d)The establishment and abolition of hostels maintained by the University.

(e)The institution of fellowships, assitantships, scholarships and studentships, bursaries, medals and prizes and the conditions of award thereof.

(f)The allowances payable to members of the Board.

(g)The entrance or admission of the students to the University and their enrolment and continuance as such and the conditions and procedure for dropping students from enrolment.

(h)The fees which may be charged by the University.

(i)The courses of study to be laid down for all degrees, diplomas and certificates of the University.

(j)The conditions under which students shall be admitted to the degrees, diplomas or other courses and examinations of the University and their eligibility for the award of degrees and diplomas.

(k)The conditions for conferment of degrees and other academic distinctions.

(l)The maintenance of discipline among the students of he University.

(m)The special arrangements, if any, which may be made for residence, discipline and teaching of women students and the prescription of special courses of study for women.

(n)The conditions of residence of students of the University and the levy of fees for residence in hostels.

(o)The recognition of management of hostels not maintained by he University.

(p)The conditions of service, remuneration and allowances including travelling and daily allowances to be paid to officers, teachers and other persons employed under the University other than those mentioned in Section 39.

Chapter IX
Miscellaneous

44. Residence of students.

- Students shall reside in accommodation maintained or approved by the University.

45. Annual report.

- The Annual Report of the University shall be prepared under the direction of the Vice-Chancellor and shall be submitted to the Board at least one month before the annual meeting at which it is to be considered. The Board shall after consideration of the report forward it to the State Government with such comments as may be deemed necessary and the State Government shall cause copy of the report together with its comments to be laid before the Legislature.

46. Transitional provisions.

(1)Notwithstanding anything to the contrary in this Act or the Gauhati University or Dibrugarh University Act or Statutes, and Regulations made under any of these aforesaid enactments, any student, who immediately or prior to the appointed date was studying in a College, which has been or may hereinafter be admitted to the privileges of the University for degree, diploma or certificate of the Gauhati or the Dibrugarh University, shall in accordance with the regulations of this University made for the purpose, be entitled to be examined by, and if on the results of such examination be qualified to be entitled to be, conferred with corresponding degree, diploma or certificate, as the case may, of the University established under this Act.

(2)Any student of the Gauhati or Dibrugarh University or the Colleges which have become constituent Colleges of the University who immediately before the aforesaid date for studying was eligible for any examination of the Gauhati or Dibrugarh University, shall have the right to complete his course and preparation therefor and appear at the examination in accordance with the courses of study of the Gauhati or the Dibrugarh University Act.

47. Transfer of College and Institutions to the University.

(1)Notwithstanding anything contained in this Act or the Statutes or Regulations or orders made thereunder, the Assam Agricultural College, Jorhat; and the Assam Veterinary College, Khanapara, shall, as from such date as the State Government may, by notification in the official Gazette specify, be disaffiliated from Dibrugarh and Gauhati Universities respectively and shall be maintained by the Assam Agricultural University as constituent Colleges.

(2)The control and the management of the Colleges specified in sub-sections (1) shall, from the aforesaid day, stand transferred to the University and all properties and assets and liabilities and obligations of the State Government in relation thereto shall stand transferred to, vest in or devolve upon the Universities.

(3)Notwithstanding anything contained in this Act or the Statutes or Regulations made thereunder, any student of the College specified in sub-section (1) who is studying for any examination of the Dibrugarh or the Gauhati University, as he case may be, shall be permitted to complete his course and preparation therefor and the University shall make arrangements for holding for such student's examinations for such periods as may be prescribed in accordance with the curriculum of studies of the Dibrugarh or the Gauhati University. Such students shall appear at the examinations within 3 years of the period required for completing the said Courses of Studies.

(4)The control and managements of all research and educational institutions of the Department of Agriculture, the Department of Animal Husbandry and Gram Sevak Training Centres in the State shall, as from such date as the State Government may by order specify, be transferred to the University and thereupon all the properties and assets and liabilities and obligations of the State Government in relation to such institutions shall stand transferred to, vest in or devolve upon the University.

(5)After passing of this Act, every person employed in any of the Colleges specified in sub-section (1) or in any of the institutions referred to in sub-section (4) immediately before the appointed day or the day or the date specified in the Order under sub-section (4) shall from the appointed or specified day become an employee of the University ; and shall be subject to the provisions of this Act and the Statutes and Regulations made thereunder :Provided-

(a)that during the period of such employment all matters relating to pay, leave, retirement, allowances, pension, provident fund and other conditions of service of the members of such staff shall be regulated by the Assam Civil Services Rules or such other rules as may from time to time be made by the State Government;

(b)that any such members shall have a right of appeal to the State Government against any order of reduction, dismissal or removal from service or any other punishment.

(6)Subject to the provisions of sub-sections (7) and (8) all employees who are either permanent or on probation or on temporary service, taken over and employed by the University under sub-section (5) shall have a lien on their post in the service of the State Government and the period of their service under the University shall, if they choose to revert to the service of the State Government, be counted for their increment, pension, and other matters relating to their service.

(7)Notwithstanding anything contained in sub-sections (5) and (6), every officer and servant of the State Government taken over by the University, shall, within a period of two years from the date he is so taken over [or such further time (if any) as the State Government may decide], give notice in writing to the State Government-

(a)that he should be permitted to retire and thereupon he shall be permitted to retire from the Government service and shall be entitled to such terminal benefits as compensations, pension or gratuity or the like, as may be prescribed by the State Government; or

(b)that he should be permanently absorbed in the service of the University, and thereupon the University shall absorb him permanently. Any service rendered by him under the State Government shall be deemed to be service under the University, and he shall be entitled to receive from the University, such terms and conditions of service in respect of remuneration, leave and pension and such rights in respect of disciplinary matters or rights similar thereto as changed circumstances may permit as are not less favourable than those to which that person was entitled to immediately before he was taken over by the University ; or

(c)that, he should be permitted to revert to Government service and thereupon he shall be permitted to revert to the service on the same terms and conditions of service applicable to him immediately before he was taken over by the University.

(8)If any officer or servant of the State Government fails to give notice under sub-section (7) in time he shall be deemed to have opted to be permanently absorbed in the service of the University under clause (b) of sub-section (7).

48. Savings of validity.

(1)No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members or by reason of some person having taken part in the proceedings who is subsequently found not to have been entitled to do so.

(2)Save as otherwise provided in this Act all acts and orders in good faith done and passed by the University or any of its authorities shall be final and no suit shall be instituted against or damage claimed from the University or its authority for anything done or purported to be done in pursuance of this Act and the Statutes and regulations made thereunder.

(3)No suit, prosecution or other proceedings shall lie against any officer or other employees or the University for any act done or purported to be done under this Act or the Statutes without the previous sanction of the Board.

(4)No officer or other employee of the University shall be liable in respect for any such act in any civil or criminal proceedings if the act was done in good faith in the course of the discharge of duties and functions imposed by or under this Act.

49. Removal of difficulties.

(1)If any difficulties arise in giving effect to the provisions of this Act, the State Government may by order published in the official Gazette do anything which appears to it to be necessary for the purpose of removing the difficulties.

(2)No order made under sub-section (1) shall be questioned in any Court of Law on the Ground that no difficulty as is referred to in the said sub-section existed or was required to be removed.

(3)Every order published under this section shall as soon as may be after its publication be laid before the State Legislature.

50. Delegation of Powers.

- The Board may by Statutes delegate to any officer or authority of the University any of the powers conferred on it by this Act or by the Statutes to be exercised subject to such restrictions and conditions as may be prescribed.

Legal Document View

Unlock Advanced Research with PRISMAI

State of Assam - Act