ASSAM RAJIV
GANDHI UNIVERSITY OF COOPERATIVE MANAGEMENT ACT, 2010 THE ASSAM RAJIV GANDHI UNIVERSITY OF COOPERATIVE MANAGEMENT ACT,
2010 [Act No. 25 of 2010] [31st August, 2010] An Act to establish and constitute
a teaching and residential University in the state of Assam to Secure to all
the stakeholders of the Cooperative Management, education for widening
knowledge and learning, training for enhancing skill and managerial capacity,
research for searching new innovative spheres, promotion for building cadres of
professional managers, functionaries to man, organize, develop ever growing
numbers of cooperatives and to make efforts for all-round development of
Cooperative movement and rural economy. Whereas it is expedient to
establish and constitute a teaching and residential University in the State of
Assam to secure to all the stakeholders of the Cooperative Movement, education
for widening knowledge and learning, training for enhancing skill and
managerial capacity, research for searching new innovative spheres, promotion
for building cadres of professional managers and functionaries to man,
organize, develop evergrowing numbers of Cooperatives and to make efforts for
all round development of Cooperative movement and rural economy and matters
connected therewith or incidental therewith; It is hereby enacted in the
Sixty-first Year of the Republic of India as follows:- (1)
This Act may be called the Assam Rajiv Gandhi University of
Cooperative Management Act, 2010. (2)
It shall come into force on such date as the State Government may,
by notification in the official Gazette, appoint. Save as otherwise provided
in this Act, the general powers of the University conferred by or under this
Act shall extend to the entire State of Assam. In this Act and in the
Statutes, unless there is anything repugnant in the subject or context,- (a)
"allied subjects" means subjects relating to social,
economic and rural development, trade and Commerce, development of Co-operative
business, Information Technology and any other subjects introduced by the
University; (b)
"Authority" means the authorities of the University as
mentioned in Section 24. (c)
"AICTE" means All India Council of Technical Education; (d)
"Court" means the court of the University constituted
under section 25; (e)
"Co-operative Movement" means a joint and collective
effort of persons for achieving a common goal of all round socio-economic and
cultural development of the persons through democratic control and autonomous
functioning; (f)
"Executive Council" and "Academic Council"
means the Executive Council and the Academic Council constituted under section
29 and 32 respectively; (g)
"Employees" means a person, not being an office bearer,
employed by the University on a salary or similar form of remunerations; (h)
"Educator" means an employee of the University with
expertise in English and Regional language for enabling training and education
to field level functionaries and does not include a Faculty; (i)
"Faculty" means all employees other than educator who
are recognized as "teacher" by the University. (j)
"Fee" means collection made by the University from the
students/research scholars and against rendering consultancy services, by
whatever means it may be called, which is not refundable; (k)
"Finance Committee" means the Finance Committee
constituted under section 43; (l)
"Government" means the Government of Assam; (m)
"Head of Department" means Teacher-in-charge of a
department and designated as such by the university and includes any other
person designated as such by the University; (n)
"hostel" means a place of residence for the students/research
scholars of the University or its off campus centers maintained and recognized
to be as such by the University; (o)
"Moderation Board" means a Board set up in the manner as
provided in section 33 (ii) for the purpose of scrutinizing and moderating the
question papers of various examinations held and conducted by the University
from time to time; (p)
"Management Committee" means a committee newly formed by
the First Vice Chancellor or adopt an existing one in consultation with State
Government in Co-operation Department for the purpose of transacting
various/business of the University under this Act; (q)
"NAAC" means the National Assessment and Accreditation
Council; (r)
"off campus centre" means a centre of the University
established by it outside the main campus operated and maintained as its
constituent unit, having the University's complement of facilities, faculty and
staff; (s)
"Patron of the University" means a person who has made a
donation of not less than Rs. 10,00,000/- (Rupees ten lakh only) to the fund of
the University and has been declared by the Chancellor to be a patron of the
University; (t)
"Prescribed" means prescribed by rules made under this
Act; (u)
"Registrar of Co-operative Societies" means a person
appointed to perform the duties of a Registrar of Co-operative societies under
the Assam Co-operative Societies Act, 1949 (Assam Act 1 of 1950); (v)
"Regulating body' means a body established by the Central
Government for laying down norms and conditions for ensuring academic standards
of higher education such as UGC, AICTE, NAAC, etc. or any such body that may be
established afresh or by amalgamation in future and includes State or Central
Government; (w)
"Rules" means the rules made under this Act; (x)
"Registered Graduate" means a graduate registered under
the provisions of Act; (y)
"Selection Committee" means the Selection Committee
constituted under section 42 of this Act; (z)
"Statutes" "Ordinances" and
"Regulations" mean respectively, the Statutes, Ordinances and the
Regulations of the University made under this Act; (za)"Stake
holders" means the persons with whom any stake or interest is vested or
created to facilitate the promotion of Cooperative movement, which shall
include the regulators, Co-operators, promoters, educators and facilitators of
the co-operative movement; (zb)"Student"
means a student of the University and includes any person who enrolled himself
for pursuing any course of study of the University; (zc)
"Syllabus" means a concise statement or an ordinance of a course of study; (zd)
"Schedule" means the Schedule to this Act; (ze)
"Sponsoring Body" in relation to the University established under
this Act means,- (a)
Co-operative Society registered under the Assam Co-operative
Societies Act, 1949 (Assam Act 1 of 1950) for the time being in force or any
such Act repealing or replacing it in future or any other Co-operative
Societies Act of any other State of India, Or a society registered under the
Societies Registration Act, 1860 (Act No. 21 1860). (b)
any public trust registered under the Indian Trust Act, 1882 (Act
No. 2-of 1982). (c)
a company registered under the section 25 of the Companies Act,
1956 (Act No. 1 of 1956). (d)
Central Government or any State Government or any foreign
government; (e)
any other NGO (Non Government Organization)/SHG (Self Help Group)
which is accepted by the Union/State as such; (f)
any institute or organization duly established in India; (g)
any Institute or Organization outside India with which MOU
(Memorandum of Understanding) has been executed by the University; (zf)
"Teachers" means a Professor, a Reader or a Lecturer of the
University, whether imparting instructions or guiding Research and designated
as teacher by the University and includes a person recognized as a teacher by
the University; (zg)
"University" means the Assam Rajiv Gandhi University of Cooperative
Management; (zh)
"University Professor" or "University Reader" means a
Professor or a Reader appointed by or recognized by the University; (zi)"UGC"
means the University Grants Commission. (1)
There shall be established a University by the name of the Assam
Rajiv Gandhi University of Co-operative Management in the state of Assam. (2)
The head quarter of the University shall be at Sivasagar and it
may also establish off campuses and Training centers in such other places
within the State of Assam or Training Centres outside the State of Assam at
such places as it may deem fit. Any existing training institute within the
state of Assam may be brought under the fold of the University. (3)
The University may have a small Capital Campus at Guwahati for
various works like liaisoning, publicity, seminars and workshops, etc. (1)
The following shall be the objectives of University, namely: (i)
to provide instructions, teaching and training in higher education
in Co-operatives and allied subjects and make provisions for research,
advancement and dissemination of knowledge; (ii)
to create higher level of intellectuals, teachers, managers and
professionals in the field of Co-operatives and allied sectors: (iii)
to establish state of the art facilities for Co-operative
education and training; (iv)
to carry out teaching and research and offer counseling and
continuous education programme in the field of cooperative education and allied
sectors; (v)
to create Centre of Excellence for research and education and for
sharing knowledge and its application in the development of Co-operative
movement and allied sectors; (vi)
to institute degrees, diplomas, certificates and other academic
distinctions on the basis of examination, or any such other method as may be
prescribed in the Statutes; (vii)
to pursue any other objective as may be approved by the authority
of the University; (viii)
to establish off campus centre by the Authority of the University; (ix)
to participate in and contribute to the formulation of policy for
Co-operatives; (x)
to collaborate with other institution in India and abroad in
furtherance of its objectives; (xi)
to provide consultancy to State Government, Central Government or
any institute or organization. (xii)
to build database and case studies of successful Cooperative
movements the world over and to promote interactions with the stakeholders of
successful cooperative movements. (2)
Notwithstanding anything contained in any other law for the time
being in force but without prejudice to the provisions of this Act, it shall be
the duty of the University to take all such steps as it may benefit for the
promotion of the University and for the determination of standards of teaching,
evaluation and research in such system and for the purpose of performing these
functions, the University shall have such powers, including the power to
allocate and disburse grants to off campus centre whether admitted to its
privileges or not or to any other University or institutions of learning as may
be specified by the statutes. The University shall have
the following powers namely: (i)
to provide for instruction and a research in Co-operative
development and allied subjects and to secure the advancement, diffusion and
extension of knowledge in the field of Co-operative development and other
allied subjects; (ii)
to hold examination and to grant and confer degrees and other
academic distinctions to the persons who have passed course of study in or
prescribed by the University; (iii)
to confer honorary degrees or other distinctions on approved
persons as laid down in the statutes; (iv)
to grant such diplomas to and to provide such lectures and
instructions for, persons not being members of the University, as the
University may determine; (v)
to withdraw or cancel Degree, Diploma, Certificate or other
distinctions granted or conferred; (vi)
to collaborate or Co-operate with other Universities and
authorities in such manner and for such purposes as the University may
determine; (vii)
to institute any professorship, Readership, Lecturership and any
other teaching posts required by the University; (viii)
to institute or recognize persons as Professor Readers or
Lecturers or otherwise as teachers of the University; (ix)
to institute and award fellowship, scholarship, exhibitions and
prizes in accordance with the statutes and Regulations; (x)
to demand and receive payments of such fees and others charges as
may be authorized by the Ordinances; (xi)
to supervise and control the residence and discipline of students
of the University, and to make arrangements for promoting health and general
welfare of the students; (xii)
to receive for grants from State and Central Government and also
from any body corporate recognized by Government and any donations or
sponsorship from private individual, private and public companies, or
associations, for specific or general purposes; (xiii)
to provide grants from the funds of the University for assisting
extra teaching, if needed; (xiv) to
receive, purchase or hold for the purposes of the University and property
movable or immovable including any fund, which is or may become vested in the
University or placed at its disposal and to grant, demise, alienate, transfer
or otherwise dispose or administer all or any such property or fund for any
purpose of the University under this Act including construction of any
buildings, roads, tanks, pipelines, or any other structure and also to do all
other acts incidental or appertaining thereto; (xv)
to constitute for the benefit; of its officers and employees such
pensions and provident funds as it may deem fit in such manner and subject to
such conditions as may be prescribed in the Statutes; (xvi) to do all
such other acts and things whether incidental to the powers aforesaid or not as
may be requisite in order to further the objects of the University and a
Teaching and Examining Body, and to cultivate and promote all branches of
teaching related to Co-operative, social, rural and economic development, etc.; (xvii) to
determine and provide for examinations for admission into the University; (xviii)
to organize and to undertake extra teaching and extension
services; (xix) to borrow
money with the approval of the State Government by giving security of the
University property, for the purpose of the University; (xx)
to establish and maintain off campus centre as may be determined
by the University from time to time; (xxi) to
provide for the preparation of instruction and materials using multimedia
educational kits and other software; (xxii) to
organize and conduct courses, workshop, seminars and other programmes for
teachers, educators and other academic staff of the University and also
sponsoring body as required and as per terms and conditions agreed upon by the
authority of the University; (xxiii)
to create administrative, ministerial and other necessary posts
and to make appointment thereto; (xxiv)
to appoint either on contract or otherwise to contribute to for
furtherance of the objects of the University; (xxv)to maintain hostels by the
University; (xxvi)
to demand and receive payments of such fees, others charges as may
be authorized by the Ordinances; (xxvii)
to assess internally its own activities or be assessed by NAAC or
by any authority to be decided by the Executive Council. (1)
The Chancellor, the Vice Chancellor, the Reader and the members of
the Court, the Executive Council and the Academic council so long as they
continue to hold such office or membership shall constitute a Body Corporate by
its name the Assam Rajiv Gandhi University of Co-operative Management. (2)
The University shall have perpetual succession and a common seal
and shall sue and be sued by that name. The University shall be
open to all persons irrespective of sex, race, caste, creed or class and it
shall not be lawful for the University to adopt or impose any test whatsoever
of religious belief or profession in order to entitle a person to be admitted
thereto as a teacher or student or to hold any office therein as to graduate
these at or to enjoy or exercise any privilege thereof, except where such test
is specifically prescribed by the statutes or in respect of any particular
benefaction accepted by the University and when such test is made a condition
thereof by any testamentary or other instrument creating such benefaction. The following shall be the
officers of the University: (i)
The Chancellor; (ii)
The Vice-Chancellor; (iii)
The Registrar (Administration); (iv)
The Registrar (Academic) (v)
Finance and Accounts officer; (vi)
Treasurer; (vii)
The Director, Multi-Media Course Material Centre; (viii)
The Director (Computer); (ix)
Dean; (x)
Such other officers as may be declared by the Statutes to be the
officers of the University. (1)
The Governor of Assam shall be the Chancellor of the University. (2)
The Chancellor by virtue of his office shall be the President of
the Court and shall, when present, preside at the convocation of the
University. (1)
Where power is conferred upon the Chancellor by this act or by the
statutes to nominate persons to the authorities of the university or other
bodies thereof, the Chancellor shall to the extent provided in this Act, or
Statute, as the case may be, nominate person to represent the interest of the
minorities, Scheduled Tribes and Scheduled castes and interests not otherwise
represented. (2)
Every proposal to confer an Honorary degree shall be subject to a
confirmation by the Chancellor. (3)
The Chancellor shall have the power to cause an inspection to be
made by such person or persons as he may direct of the University, its
buildings, Laboratories and equipments and off-Campus centre maintained by the
University and also of the examination, teaching and other work conducted or done
by the University and to cause an enquiry to be made in like manner in respect
of any matter connected with the University. (4)
The Chancellor shall in every such case, give notice to the
Executive Council of his intention to cause an inspection or enquiry to be made
and the Executive Council shall be entitled to appoint a representative who
shall have the right to be present and be heard in such inspection or enquiry. (5)
The Chancellor may address the Vice chancellor with reference to
the result of such inspection and enquiry and the Vice-chancellor shall
communicate to the Executive Council the views of the Chancellor with such
advice as the Chancellor may offer upon the action to be taken thereon. (6)
The Executive council shall communicate through the Vice-chancellor
to the Chancellor such action, if any, as it is proposed to take or has taken
upon the result of such inspection or enquiry. (7)
When the Executive Council does not within a reasonable time, take
action to the satisfaction of the Chancellor, the Chancellor may, after
considering any explanation furnished or representation made by the Executive
Council, issue such directions as he may think fit and the Executive Council
shall be bound to comply with such directions. (8)
Expenses that may be incurred in connection with such inspection
or enquiry and certified as such by the Chancellor shall be charged on the
University. (9)
The Chancellor as head of the University shall have the power to
suspend the activities of the various authorities of the University as and when
circumstances so demand and vest all powers and functions of these authorities
in the Chancellor to control the affairs of the authority or authorities so
suspended in such manner and for such period as deemed fit and considered reasonable
by him. (10)
The Chancellor shall have such other powers as may be specified by
Statutes. (11)
In case of any temporary vacancy in the office of the
Vice-Chancellor, by reason of long leave, illness, resignation or other causes,
the Chancellor shall make such other arrangements temporarily in consultation
with Executive Council to exercise the powers and performing the duties of the
Vice-Chancellor for such period as deemed necessary. The Chancellor in
consultation with Executive Council shall determine the emoluments or
allowances of, if any, payable to such persons temporarily appointed to
exercise the powers and duties of the Vice-Chancellor. (12)
The Chancellor shall determine the emoluments, perks and other
terms and conditions of service of Vice-Chancellor. (1)
The Vice-Chancellor shall be appointed by the Chancellor in such
manner, for such term and on such emoluments and other conditions of service as
may be prescribed by the statutes. (2)
The Vice-Chancellor shall be a whole time officer of the
University who shall hold office for a period of five years. Notwithstanding
the expiry of the above period of five years, he shall be eligible for
re-appointment: Provided that
notwithstanding the expiry of the aforesaid period of five years, he shall
continue in office until his successor is appointed and enters upon his office. (3) The
Vice-chancellor shall retire on the date he attains the age of 65 years. (1)
The Vice-Chancellor shall be the principal executive and academic
officer of the University and shall, in the absence of the Chancellor, preside
at the meeting of the Court and any convocation of the University. He shall be
an ex-officio member and chairman of the Executive council, the Finance
Committee, the Construction committee and of Academic council or any other
Councils/committees/Boards, etc. and shall be entitled to be present and to
speak at any meeting of any authority or other bodies of the University. When
present, he shall preside over all such meetings or authorize one from the
members to preside such meeting of any councils, committees, and Boards, etc. (2)
It shall be the duty of the Vice-Chancellor to ensure that the
provisions of this Act, the statutes, the ordinances and the Regulations are
faithfully observed and he shall have all powers for that purpose. (3)
The Vice-Chancellor shall have power to convene meetings of the
Court, the Executive council, Academic Council, the Finance committee,
Development and Maintenance committee or any other Councils, Committees and
Boards, etc and may for that purpose direct the Registrar to convene such
meetings at times and places to be specified by the Vice-chancellor and the
Registrar shall be bound to comply with such direction. The venue of meeting
may be at any place other than the campus or off campus of the University, in
case such a necessity arises. (4)
In any emergency which in the option of the Vice-chancellor
requires that immediate action should be taken, the Vice-Chancellor shall take
such action as he deems necessary and shall at the earliest opportunity
thereafter report his action to the officer, authority or other body who or
which in the ordinary courses, would have dealt with the matter. (5)
Any person in the service of the University if affected by any
action taken by the Vice-Chancellor shall be entitled to prefer an appeal to
the Executive council through the officer, recognized authority or body of the
University within thirty days from the date on which such action is
communicated to him. Decision of the Executive Council in the appeal shall be
final and binding on him. (6)
The Vice-Chancellor shall give effect to any order of the
Executive Council regarding the appointment, dismissal or suspension of any
officer or teacher of the University or regarding the recognition or withdrawal
of the recognition of any such officers or teacher and shall exercise general
control over the University. He shall be responsible for the discipline of the
University. (7)
The Vice-Chancellor shall exercise and discharge such other powers
and duties respectively as may be prescribed by the statutes and ordinances. (8)
The Vice-Chancellor shall exercise general control and supervision
over the affairs of the University and shall give effect to the decisions of
the University. (9)
The Vice-Chancellor shall be the appointing authority in all cases
of appointments. (1)
The first Vice-Chancellor shall be appointed by the State
Government. On the basis of recommendations by a committee headed by Chief
Secretary, Government of Assam with the following as members: (1)
Principal Secretary, Personnel (A) Department-Member (2)
Principal Secretary, Co-operation Department as Member Secretary. (3)
The first Vice-Chancellor shall hold such qualification and
experience as are required for appointment in the similar post in other
Universities of the State: Provided that the first
Vice-Chancellor shall retire from his office if during the term of his office
he completed the age of 65 years. Every Dean shall be
appointed in such manner, on such emoluments and other conditions of services
and exercise such powers and performs such functions as may be prescribed by
the Statutes. (1)
There shall be two Registrars in the University, namely: (a)
The Registrar (Administration); (b)
The Registrar (Academic); (2)
All the Registrars shall be whole time salaried officer of the
University and shall be appointed by the Executive council on such terms,
conditions and remuneration as may be prescribed by the Executive Council. (3)
The Registrar (Administration) shall be the Ex-officio Secretary
of the Court, Executive council and the Development and Maintenance Committee,
and the Registrar (Academic) shall be the Ex-Officio Secretary of Academic
Council, Board of Studies and Examination Committee, etc. (4)
?The term of office of the
Registrars shall be for a period of five years but they may be eligible for
re-appointment. (5)
Division of work among Registrar (Administration) and Registrar
(Academic) shall be done by Vice-Chancellor. (6)
Vice-Chancellor in case of necessity may authorize one Registrar
to perform the work of other Registrar in the interest of the University. It shall be the duty of the
Registrar,- (i)
to be the custodian of the records, common seal and such other
property of the University as the Executive Council shall commit to his charge
and to manage such properties; (ii)
to verify and sign all contracts and agreements made on behalf of
the University and to act as Secretary of such other committees as may be
prescribed by the Statutes; (iii)
to conduct the official correspondence of the Court and the
Executive Council; (iv)
to issue all notices convening meetings of all such committees or
councils or Board of which he is the Secretary. (v)
to arrange for and supervise the examination of the University
till such time when the University appoint other officers, if any, for this
purpose; and (vi)
to perform such other work as may, from time to time, be
prescribed by the Executive Council or the Vice-Chancellor; (vii)
to exercise general supervision over the funds of the University
and to advise the Executive council and the Finance Committee in regard to the
financial policy of the University; (viii)
to prepare and to present to the Executive Council, the Annual
Report of the working of the University, the Annual statement of accounts and
the budget of the University for the next financial year, and to maintain
properly, the accounts of the University; (ix)
to make appointments to the ministerial and grade IV posts of the
University; (x)
if not otherwise mentioned specifically, the Registrar
(Administration) shall be the Member Secretary of any committee, Board and
Council, etc. of the University. The Finance and Accounts
officer shall be appointed in such manner, on such emoluments and other
conditions of service and shall exercise such powers and perform such duties as
may be prescribed by the Statutes. The Treasurer shall be
whole time salaried officer of the University and shall be appointed by the
Executive Council for a period of five years on such terms, conditions and
remuneration as may be prescribed by the statutes. He may be eligible for
reappointment. (1)
The Treasurer shall exercise general duties of supervision over
the funds of the University and advise in regard to its financial policy. (2)
Subject to the control of the Executive Council, he shall manage
the investments of the University and be responsible for the preparation and
presentation of the Annual estimates and statements of accounts and for proper
maintenance of the accounts. (3)
Subject to the powers of the Executive Council, the Treasurer
shall be responsible for ensuring that all money are expended for the purpose
for which they are granted or allotted. (4)
The Treasurer shall exercise such other powers as may be
prescribed by the Statutes and the Ordinances: Provided that the
Chancellor may, on the recommendation of the Executive Council in case of any
casual vacancy in the office of the Treasurer, direct that the Registrar
(Administration) shall act as Treasurer and exercise all the powers of the
Treasurer, and when any such direction has been made, all references to the
Treasurer in this Act, the Statutes, the Ordinances and the Regulations shall
be deemed to be a reference to the Registrar (Administration). Notwithstanding anything
contained in this Act, the first Registrar, the first Finance and Accounts
officer and the first Treasurer shall be appointed by the Chancellor on such
terms and conditions as he may deem fit after recommendation of persons holding
such qualifications and experience as are required for appointment in the
similar post in other Universities of the state, by a committee, with the Chief
Secretary as Chairperson, Principal Secretary, Co-operation as Member and
Vice-Chancellor as Member Secretary, on the basis of the bio-data received
through advertisement and on the basis of selection. The first Registrar, the
first Finance and Accounts officer and the first Treasurer shall function as
per orders or instructions issued by the first Vice-Chancellor from time to
time in accordance with the first Statutes. The manner of appointment,
emoluments, other conditions of service and powers and duties of other officers
of the University shall be such as may be prescribed by the Statutes. The following shall be the
authorities of the University:- (i)
the Court; (ii)
the Executive Council; (iii)
the Academic Council; (iv)
the Finance Committee; (v)
the Development and Maintenance Committee; (vi)
the Selection Committee; (vii)
the Custodian Committee; (viii)
the Examination Committee; (ix)
the Legal Committee; (x)
any other Committee formed and declared as the authority of the
University by the Executive Council. The Court shall consist of
the persons as follows:- A-Ex-officio Members i.
the Chancellor; ii.
the Vice-Chancellor; iii.
the Registrar (Administration); Member Secretary iv.
the Registrar (Academic) v.
Minister in charge of Cooperation Department of Assam; vi.
the Principal Secretary Cooperation Department, in his absence the
Secretary to the Government of Assam, Cooperation Department; vii.
the Registrar of Cooperative Societies, Assam, viii.
the Regional Head of NABARD, NE Region; ix.
the Regional Head of Reserve Bank of India; x.
the Director of Agriculture, Assam; xi.
the Chairman/Chief Executive Officer of the Assam State
Cooperative Union; xii.
Members of eminent institutions/organizations like VAMNICOM/Tata
Institute of Social Sciences/NDDB/NFDB/IRMA etc. subject to acceptance by the
concerned authorities; xiii.
the Regional Head of IIM, NE Region. B-Other Members (i)
persons not exceeding three in number nominated by the Chancellor
from amongst the patrons on recommendation by Executive Council through
examination of bio-data, etc. and who are not members of any other State
University; (ii)
two persons to be elected by the members of the Assam Legislative
Assembly from amongst themselves and who are not members of any other State University; (iii)
five persons distinguished in Co-operation, Law, Commerce, economics, social
and rural economy and public life to be nominated by the Chancellor on
recommendation by the Executive Council through examination of bio-data, etc.
and who are not members of any other State University; (iv) ??two eminent cooperators to be nominated by
the Chancellor on recommendation by the Executive Council through examination
of bio-data, etc. and who are not members of any other State University; (v) ??two representatives (one male, one female) to
be elected by the students of the University from among themselves: Provided that a student to
be so elected must have been students of the University for atleast one year
prior to his election: Provided further that no student
who has taken more than one year in excess of the period prescribed for the
course of which he is a student shall be eligible for such election. (vi)? ?in the
event of election by the students of the University not being held for whatever
reason, the Vice-Chancellor in consultation with the student community may
nominate two representatives (one male, one female) from among themselves to be
representatives in the Court. (1) Save as
otherwise provided and except the ex-officio members, all other members as
mentioned in section 25B (i) to (iv) shall hold office for a period of three
years from the date of their election or nomination, as the case may be: Provided that any member
elected or nominated under section 25B (v) and section 25B (vi) under this Act
shall hold office for a period of one year only from the date of his election
or nomination, 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. (2) All such
persons chosen or nominated under section 25B (i) to (iv) shall end their term
on the expiry of three years from the date of such election or nomination and
in no case the term shall exceed more than 3 years. Exercise to choose or nominate
such member shall be completed between January and March every year. Any member
chosen, elected or nominated after March shall be included in the Court only in
the next year: Provided that no person
nominated or elected in his capacity as member of a particular body or as a
holder of a particular appointment shall be member after he cases to be a
member of that body or holder of appointment, as the case may be. (3)
When a person ceases to be a member of the Court, he shall cease
to be a member of any of the authorities or committees of the University. (4)
With the approval of the Court, the Vice-Chancellor may remove a
member, if he does not fulfil the conditions laid down in the provision of the
Act or Statutes. (1)
The Court shall meet once in a year on dates to be fixed by the
Vice-Chancellor in consultation with the Chancellor. Such meeting shall be held
once every year and be called as Annual General Meeting. The Court may also
meet at such other time as it may, from time to time determine. (2)
The Vice-Chancellor may, whenever he thinks fit and shall upon a
requisition in writing signed by not less than one-third of the members of the
court, convene a special meeting of the Court. Subject to the provisions
of this Act, the Court shall have the following the powers and duties, namely:- (i)
to review, from time to time, the broad policies and programmes of
the University and to suggest measures for the improvement and development of
such policies, programmes, works and other affairs; (ii)
to consider the Annual Report, the Annual accounts, the audit
report and the statement of the financial estimates, for the ensuing year, to
approve the financial estimates, with such comments if any, to express its
views on the Annual Report and to suggest such measures as it may deem proper
on the matters covered by them; (iii)
?to approve, with or without
modifications, the Statutes submitted by the Executive Council: Provided that before making
any modification to the Statutes submitted by the Executive Council, the
Executive council shall be given an opportunity to consider the modifications
proposed by the Court and the Court shall consider the opinion expressed by the
Executive council on such modifications; (iv) ?to advise the Chancellor in respect of any
matter which may be referred to it for advice; and (v)
?to perform such other
functions as may be prescribed by the Statutes. The Executive Council shall
be the executive body of the University and shall consist of the following
members, namely:- A-Ex-officio Members: (i)
the Vice-Chancellor; (ii)
all the Registrars; (iii)
the Registrar of Cooperative Societies, Assam; B-Other Members (i)
two Heads of the Department of the departments of University who
are Professors to be chosen by the Vice-Chancellor by rotation for a period of
three years according to seniority; (ii)
one person nominated by the State Government of Assam in the
Cooperation Department; (iii)
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; (iv)
two members of the court, other than the employees of the
University to be elected by the Court at its Annual General Meeting; (v)
two persons nominated by the Chancellor based on recommendation of
Executive Council in its meeting after examination of bio-data, etc. (1)
Save as otherwise provided and except the ex-officio members, all
other members shall hold office for a period of three years from the date of
their elections or nomination, as the case may be. (2)
All such persons chosen, elected or nominated under section 29
shall end their term on the expiry of the period of three years from the date
of their election or nomination and in no case the term shall exceed more than
3 years. Exercise to chose, elect/or nominate such members shall be completed
between January and March. Any member chosen, elected or nominated under
section 29 after March shall be included in the Executive council only in the
next year: Provided that no person
nominated or elected in his capacity as member of a particular body or as a
holder of appointment shall be member after he ceases to be a member of that
body or holder of appointment, as the case may be. (3) When a
person ceases to be a member of the Executive Council, he shall cease to be a
member of any of the authorities of the University of which he may happen to be
a member by virtue of his membership of the Executive Council. Subject to the provisions
of this Act and the Statutes, the Executive Council shall have the following
powers and duties, namely:- (i)
to hold control and administer the property and funds of the
University and shall appoint a Finance Committee to advise it on matters of
finance; (ii)
to do all works appertaining to or incidental to the construction
of buildings, roads, tanks, pipeline and other structures of the University and
for the purposes shall appoint a Development and Maintenance Committee
consisting of members as provided under section 34; (iii)
to determine the form and regulate the use of the common seal of
the University. It shall also decide the emblem, hologram and flag etc. for the
University; (iv)
to lay before the Government annually a full statement of the
financial requirements of the University, its off-campuses, etc. maintained by
it; (v)
to administer funds placed at the disposal of the University for
any specific purpose of building, roads, tanks, pipelines and other structures
of the University; (vi)
to appoint the officers (other than the Vice-Chancellor),
teachers, the clerical staff and other employees of the University and define
their duties and conditions of the service and shall provide for the filling up
of temporary or permanent vacancies subject to the provisions of this Act and
the Statutes; (vii)
to have power to accept, on behalf of the University, bequests,
endowments, donations or transfer of any movable or immovable property; (viii)
to regulate and determine all matters under this Act concerning
the University in accordance with this Act, the Statutes and the ordinances and
on advice of the Vice-Chancellor: Provided that no action
shall be taken by the Executive council in respect of the matters,
qualifications or emoluments of teachers otherwise than in consultation with
the academic Council; (ix)
to exercise all the powers of the University not otherwise
provided for in this Act or the Statutes; and (x)
to appoint from time to time, the officers, the Librarians of the
University and holders of the administrative posts of the University, after
considering the recommendations of the Selection committee and other
Committees, as the case may be, duly constituted for the purpose. (1)
The Academic Council shall be the academic body of the University
and shall, subject to the provisions of this Act, the Statutes and the
ordinances have the control and general regulation of and be responsible for
the maintenance of standards of the instruction, education and examination
within the University. (2)
The Academic Council shall consist of the following members,
namely:- Ex-officio Members: (i)
the Vice-Chancellor; (ii)
the Deans of Faculties; (iii)
the Professors of the University; (iv)
the University Readers who are Heads of Department; (v)
the Librarian of the University. The Academic Council shall
have the following powers, namely:- (i)
to make proposals to the Executive Council for the Institution of
Professorship, Readership, Lecturership or other teaching posts and in regard
to the duties and emoluments thereof; (ii)
to submit to the Executive Council draft Regulations, regarding
methods and manner of conducting examinations including setting up of the
Moderation Board and to award in accordance, with such Regulations, Fellowship,
Scholarship, Exhibitions, Medals and other rewards; (iii)
to recommend examiners for appointments to be made by the Vice-Chancellor
after report from the faculties concerned; (iv)
to control the University Library, to frame Regulations regarding
its use, and to constitute a Library committee under the general control of the
Academic Council to manage the affairs of the Library: Provided that the Committee
so constituted shall hold office for a period of three years from the date of
constitution. (v) Such
other powers as may be assigned to the faculty by the Academic council on
account of their possessing expert knowledge in a subject or subjects assigned
to the Faculty with the approval of Executive Council. The University shall have
one Development and Maintenance committee with the following persons, namely:- (i)
Vice-Chancellor as Chairperson; (ii)
Registrar (Administration); (iii)
Finance and Accounts Officer; (iv)
One member to be nominated by the Executive Council; (v)
Security Officer; (vi)
Chief Engineer or in his absence Executive Engineer as Member
Secretary However,
the Committee may co-opt any other officer of the University involved in the
development and maintenance process of the University as Members, if considered
necessary. (1)
The Development and Maintenance committee shall form the following
wings for proper functioning of the University:- (i)
Engineering Cell; (ii)
Sanitation Cell; (iii)
Security Cell; (iv)
Transport Cell; (v)
Event management Cell; (vi)
any other Cell which the Development and Maintenance committee
considers it necessary for the benefit of the University. (2)
The Development and Maintenance Committee shall decide the
composition of various cells and define their functions and duties. (3)
?Pending finalization of the
Statutes, ordinances or Regulations, the First Vice-Chancellor shall form the
Development and Maintenance committee with the following members:- (i)
Vice-Chancellor as Chairperson (ii)
Registrar (Administration); (iii)
Registrar (Academic); (iv)
Finance and Accounts Officer; (v)
Technical Expert of the level of Chief Engineer or in his absence
Executive Engineer either appointed or borrowed on deputation or otherwise. (4)
The Development and Maintenance committee formed by the first
Vice-Chancellor under sub-section (3) shall perform all the duties necessary
for the University. The shall be a Custodian
Committee for all movable and immovable properties of the University consisting
of the following:- (i)
Vice Chancellor as Chairperson; (ii)
All Registrars; (iii)
Finance and Accounts Officer; (iv)
Treasurer; (v)
Chief Engineer or in his absence Executive Engineer; (vi)
Estate Officer as Member Secretary; (vii)
The Committee co-opt any officer of the University as may be
considered necessary in the interest of the University. The duties of the Custodian
Committee shall be,- (i)
to keep proper and safe custody of all movable and immovable
properties of the University; (ii)
to maintain different registers for different kinds of properties.
It shall maintain a University Record Room for the purpose of preserving all
circulars, notifications, old files and important results etc; (iii)
to take steps for disposal of property either damaged or partially
damaged as required to be disposed of for different reasons subject to approval
of Executive Council; (iv)
to take over of any immovable or movable properties donated,
gifted, etc; (v)
to take possession of any hired building to be utilized for the
use of University; (vi)
any other power or duty entrusted by the Executive Council. The Examination Committee
shall be constituted with the following members:- (i)
the Vice-Chancellor as Chairperson; (ii)
the Registrar (Academic); (iii)
three persons from amongst the Professors and/or Heads of
Departments of the University to be nominated by the Academic Council; (iv)
two members of the Academic Council who are not Professors or Heads
of the Department of the University; (v)
two members who may or may not be Professor or Head of the
Department of the University to be nominated by the Vice-Chancellor; (vi)
Controller of Examinations as Member Secretary. The function and duties of
the Examination Committed shall be,- (i)
to conduct all examination of the University (ii)
to appoint paper setters, moderators and examiners, etc; (iii)
to prepare results of the examination and to report to the Executive
Council with its recommendation for consideration and publication of the
results; (iv)
to carry on research and investigation into the system of
examination and assessment; (v)
recommend to the Executive Council for disciplinary measures
against person adopting unfair means in examination or causing disturbance in
smooth-holding of examinations etc.; (vi)
to decide on matters of question paper printing, its custody and
despatch etc.; (vii)
to prepare design of Marksheets, Certificates, etc for various
courses and training etc.; (viii)
any other duty that may be extended either by Academic council or
Executive Council. (1) (i) There
shall be a Board of Studies in the University. (ii) ???Each Board of Studies hall consist of the
following members, namely:- (a)
the Vice-Chancellor shall be the Chairperson of the Board of
Studies; (b)
Head of Department of each department as recognized by the
University to be Member; (c)
Head of the Training Division of the University. (2)
Subject to the previous approval of the Vice-Chancellor, the Board
may consult other expert or experts when necessary on any matter as and when
felt necessary. Subject to the provisions
of this Act, the Statutes and the Ordinances, each Board of Studies shall have
the following powers and duties, namely:- (i)
to make recommendations to the Academic Council about the matter
of pattern of courses, curricula and syllabi to be laid down for different
courses and the examinations to be held for such courses and to make
recommendations for revision of courses, syllabi, curricula and examinations in
so far as they relate to the field of the particular branch of study; (ii)
to prepare and when necessary revise the panels of examiners for
the different examinations for submission to the Examination Committee; (iii)
to consider any other matter referred to it by the Academic
Council or the Executive Council, as the case may be, and to submit a report to
the authority concerned upon the matter so referred; (iv)
the Board of Studies may suggest hiring experts or scholars from
reputed Institutions and Organizations outside the State or even abroad on
contractual basis for a maximum period of five years which may be renewed for
another five years based on terms and conditions of such persons and the same
to be communicated to the Academic Council and then for consideration and
approval by the Executive Council; and (v)
to suggest to the Academic Council for student and
Faculty/exchange programme with reputed institution of the country. (1)
There shall be a Selection Committee for making recommendations to
the Executive Council for appointment of Professors, Readers, Lecturers,
Registrar, Treasurer, Librarian and other officers of the University as may be
provided for by the Statutes consisting of the following Members:- (a)
the Vice-Chancellor as the Chairperson of the Selection Committee; (b)
the Registrar (Administration) shall be the Ex-officio Member
Secretary of the Selection Committee except for the Selection committee of the
appointment of Registrar in which case the Vice-Chancellor shall nominate one
person as Member Secretary in consultation with the Executive Council; (c)
the Vice-Chancellor in consultation with the Executive Council
shall constitute a selection committee for the purpose of selection of
candidates for filling up of any others posts based on requirements of the
post, the composition of the Selection committee shall not exceed seven and
should not be below three including Vice-Chancellor and Registrar
(Administration); (d)
where the Executive Council proposes to make an appointment
otherwise than in order of merit arranged by the Selection Committee in case of
the posts of Professor, Reader or Lecturers, it shall record its reason 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 purpose its original proposal, it shall refer
the matter with full justification again to the Chancellor for his decision,
which shall be final: Provided that when a
Selection Committee recommends to the Executive Council the name of one person
only in case of posts of Professor, Reader or Lecturer and that person is not
acceptable to the Executive Council, the Executive Council shall record its
reason in writing for not accepting the recommendation, and direct the Registrar
to advertise the vacancy again and convene a meeting of the Selection Committee
for making fresh recommendations and in so doing communicate to every member of
the Selection Committee the reasons recorded as above. (2) (a) When
an appointment is to be made to a temporary vacancy of Teachers of the
University, the appointment shall be made, if vacancy is for a period of one
year or more on the recommendations of the Selection Committee in accordance
with the provision of the preceding sub-section and no adhoc appointment shall
be made by the Executive Council. (b) ???if a member of the Selection Committee is
unable to attend, he may send his opinion in writing to the Vice-Chancellor and
such opinion shall be taken into consideration by the Committee in making its
recommendations. Explanation: For the
Purpose of this section, the co-opted members shall be deemed to be members of
the Selection Committee for the purpose for which they are co-opted. (c) ???If the Executive Council does not accept any
of the recommendations of the Selection Committee in case of posts of Professor,
Reader or Lecturer, it shall refer the matter to the Chancellor, stating
clearly the reasons for not agreeing with the Selection Committee and the
decisions given by the Chancellor thereon shall be final. (d) ??In all other posts, the Executive Council
shall consider the recommendation of the Selection Committee as constituted for
concerned posts and unless serious faults are observed, the Executive Council
shall recommend for appointment as per recommendation of Selection Committee. (e)? ?In
special situation, Vice Chancellor in consultation with Executive Council may
relax norms required for selection of candidates for any post including that of
faculty. However, such relaxation may be only for a definite timeframe and
candidate so selected shall have to obtain the requisite qualification required
for this post. There shall be a Finance
Committee of the University consisting of the following members, namely:- (a)
the Vice-Chancellor as the Chairperson; (b)
two Members elected by the Court from amongst its Members; (c)
two Members elected by the Executive Council from amongst its
Members and (d)
two Members to be nominated by the State Government, one in the
Co-operation Department and one in the Finance Department. (1)
The Finance Committee shall have the following powers and duties,
namely: (i)
to examine the Annual Budget estimates and to give advice and
suggestions to the Executive Council thereon; (ii)
to make recommendations to the Executive Council relating to the
finance of the University; (iii)
to examine every proposal for new expenditure involving sum of
money exceeding rupees one lac and to advise the Executive Council thereon; (iv)
to review the financial position of the University periodically; (v)
to suggest in general the means for the improvement of the
financial position of the University; (vi)
to consider and recommend revision of grades of pay and the grades
of pay of new posts to the Executive Council; and (vii)
to deal with such other matters relating to the financial matters
of the University as may be prescribed by the Statutes and the Ordinances. (2)
The Finance Committee may delegate any of its powers and duties
conferred or imposed by or under this Act to the Vice-Chancellor. (1)
There shall be a Legal Committee for the University. (2)
The constitution and members of the Legal Committee shall be as
follows:- (i)
Vice-Chancellor shall be the Chairperson of the Legal Committee;or
He may authorize Registrar (Admn.) or Registrar (Academic) to head a meeting of
legal committee in his absence; (ii)
any officer of any Branch; Department or off-campus center, etc of
the University may be co-opted as a Member for a particular meeting in which
issues relating to concerned Branch, Department or off-campus centers, etc may
come up. (iii)
all Registrars-Members (iv)
Head of Department of Law-Member-Secretary. The Legal Committee shall
have the following powers and duties under this Act:- (i)
sit from time to time to discuss and dispose of various issues
relating to legal implication of any Branch, Section, Department or off-campus
centers, etc of the University. (ii)
take care of all RTI (Right to Information) and court cases and
take appropriate action in this regard; (iii)
suggest for appointment of Standing Counsel to defend cases in
various courts and also recommend for their fees, etc to Executive Council. (iv)
any other legal issues that may be entrusted by authority
concerned. Subject to the provisions
of this Act, the Statutes may provide for all or any of the following matters,
namely:- (i)
the conferment of honorary Degrees; (ii)
the institution of Fellowships, Scholarship, Exhibitions and
Prizes,; (iii)
the terms of office, the method of appointment and the conditions of
service of the officers of the University; (iv)
the designation and the powers of the officers of the University; (v)
the constitution, powers and duties of the authorities of the
University; (vi)
the Institution of off-campus and Hostels and their maintenance; (vii)
the constitution of Pension, Insurance and Provident Funds for the
benefit of the officers, Teachers, Staffs and other Servants of the University; (viii)
the maintenance of a register of registered passed out students,;
and (ix)
all matters which by this Act are to be or may be prescribed by
the Statutes. (1)
Subject to the provisions of this Act and with the approval of the
Court, the Executive Council may make Statutes for the purpose of carrying out
the provisions of this Act, and in respect of all matters which are required to
be or may be provided for by Statutes. (2)
The draft Statutes or draft amendments may be approved or amended
or rejected by the Court in the manner hereinafter provided: Provided that no draft
Statutes or draft amendments to Statutes with financial implication shall be
amended without further reference to the Executive Council. (3)
Every draft of Statutes proposed by the Executive council shall be
submitted to the Court for consideration. Such draft shall be considered by the
Court at its next meeting. The Court may pass the Statutes or may amend it or
may return the Statutes to the Executive Council for reconsideration. (4)
Any draft of Statutes proposed by the Executive council and
rejected by the Court shall be submitted to the Chancellor who may refer it
back to the court for reconsideration. (5)
Statutes passed by the Court shall be submitted to the Chancellor
who may give or withhold his consent or refer it back to the Court of
reconsideration. (6)
A Statute passed by the Court shall have no validity until it has
been assented to by the Chancellor. (7)
Any member of the Court may propose to the Executive council the
draft of any Statutes, and the Executive Council shall submit such proposed
draft to the Court with its comments. Subject to the provisions
of this Act, and the Statutes, the Executive council may frame Ordinances to
provide for all or any of the following matters, namely:- (i)
the admission of students to the University and their enrolment as
such; (ii)
the courses of study to be laid down for the University; (iii)
the conditions under which the students shall be admitted to the
degree and diploma courses and the examination of the University and shall be
eligible for the Degrees, Diplomas and Certificates, etc.; (iv)
the conditions of residence of the student of the University; (v)
the qualifying attendance required in the various courses; (vi)
the extension of University teaching in any suitable off-campus centre
within the state by means of University extension lectures or others; (vii)
the emoluments and conditions of service of teachers of the
University; (viii)
the fees to be charged for study in the University and for
admission to the examination, degrees and diplomas, etc.; (ix)
the formation of departments of teaching in the University; (x)
the constitution, powers and duties of the Boards of the
University; (xi)
the conduct of examinations; and (xii)
all matters which by this Act or the Statutes are to be or may be
provided by Ordinances. (1) Save as
otherwise provided, Ordinance shall be framed by the Executive Council: Provided that no Ordinances
shall be made effecting,- (i)
The conditions of residence of students, except after consultation
with the concerned authority constituted or to be constituted for the purpose; (ii)
the admission or enrolment of students or prescribed examination
for admission to the degree courses of the University; (iii)
the conditions, mode of appointment or duties of examiners or
conduct or standard of examination or any course of study, Unless a draft of
such ordinance has been proposed by the Academic Council. (2)
The Executive Council shall not have power to amend any draft
proposed by the Academic Council under the provision of this Act but may reject
it or return it to the Academic Council for reconsideration either in whole or
in part, together with any amendment which the Executive council may suggest. (3)
Such of the draft ordinance proposed by the Academic council as
are rejected by the Executive council under this Act shall be placed by the
Executive council with its comments before the Chancellor whose decisions
thereon shall be final. (1)
The authorities of the University may make Regulation Consistent
with this Act, the Statutes and the Ordinances- (a)
laying down the procedure to be observed at their meeting and the
number required to form a quorum, (b)
providing for all matters which by this Act, the Statutes and
Ordinances are to be prescribed by Regulations; and (c)
providing for all other matters solely concerning such authorities
not provided by this Act, the Statutes and Ordinances. (2)
Every authority of the University shall make Regulations providing
for the giving of notice to the members of such authority, of the dates of
meeting and the business to be considered at the meetings and for the keeping
of record of the proceeding of the meetings. (3)
The Executive Council may direct any amendment, in such manner as
it may specify of Regulation under this Act or the Annulment of any Regulations
made under this Act. The Annual Report of the
University shall be prepared under the direction of the Executive Council and
shall be placed before the Court on or before such date as may be prescribed by
the Statutes and shall be considered by the Court at its Annual meeting. The
Court may pass resolutions and communicate the same to the Executive Council. There shall be one fund for
the University called "University Fund". This Fund shall have three
different heads as defined below:- (1) General
Head- The General head of the
University shall be the head to which shall be credited all the income, fees,
finances, contributions, donations, loans and advances, etc. from any sources
like state Government, Central Government, U.G.C., DONER etc. for capital
expenditure. (2) Recurring
Head- Out of the Grants in Aid
received from State Government, a portion of the Fund according to necessity
shall be kept separately in a "Recurring Head" of the University Fund
to meet recurring expenditure of the University. The Government shall, for
the purposes of this Act, contribute annually to the University at least a minimum
sum of rupees 1 (one) crore to meet the recurring charges of the University.
All contributions made under this section shall be charged to the revenues of
the State. (3) Corpus
Head- The University shall
maintain a 'Corpus Head' under "University Fund" from the
sponsorship, patronage and ten percent from the recurring grants, which shall
not be utilized by the University at any time. However, the interest accrued
thereon may be utilized for meeting expenditures on institution of scholarship,
research facilities and meeting urgent unforeseen expenditures. Further, any unutilized
fund received from any sources for general or specific purpose at the end of
the financial year shall be devolved to the corpus Head as volatile temporarily
for the purpose of review of utilization in next financial year by the
Executive Council. During the short period, the University may earn income from
such deposits. (1)
The annual accounts and balance sheet of the University shall be
prepared under the direction of the Executive council and shall be submitted to
the Chancellor for the purpose of audit. (2)
The accounts when audited shall be published by the Executive
Council in the Assam Gazette through Department of Co-operation, Government of
Assam and copies thereof shall, together with copies of the audit report, if
any, be submitted to the Court and the Chancellor. The Executive council shall
also submit to the Court, on or before such date as may be prescribed by the
Statutes, a statement of the financial estimates for the ensuing year. (3)
The annual accounts and the financial estimates shall be
considered by the Court at its annual meeting, and the court may pass
resolutions thereon and communicate the same to the Executive Council. No act or proceedings 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, and
appointment of any of its members or by reason of any irregularity in the
manner of choosing a member. (1)
Every employees of the University shall be appointed under a
written contract, which shall be lodged with the University and a copy of which
shall be furnished to the employees concerned. (2)
Any dispute arising out of the contract between the University and
any employee shall, at the request of the employee, be referred to a Tribunal
of Arbitration consisting of one member, appointed by the Executive Council,
one member nominated by the employee concerned and Chairman appointed by the
Vice-Chancellor. (3)
The decision of the Tribunal shall be final, and no suit shall lie
in any civil court in respect of the matters decided by the Tribunal. (4)
Every request made by the employee under the Act, shall be deemed
to be a submission to arbitration upon the terms of this Act and within the
meaning of the Arbitration and Conciliation Act, 1996 (Central Act 16 of 1996). (5)
The procedure for regulating the work of Tribunal shall be
prescribed by the Statutes. (1)
Any student or candidate for an examination whose name has been
removed from the rolls of the University by the orders or resolution of the
Vice-Chancellor, Discipline Committee or Examination Committee, as the case may
be, and who has been debarred from appearing at the examinations of the
University for more than one year, may within ten days of the date of receipt
of such orders or copy of such resolution by him appeal to the Executive
Council and the Executive Council may confirm, modify or reverse the decision
of the Vice-Chancellor or the Committee, as the case may be. (2)
Any dispute arising out of any disciplinary action taken by the
University against a student shall, at the request of such student, be referred
to a Tribunal of Arbitration. Every employee or student of the University,
shall notwithstanding anything contained in this Act. have a right to appeal
within such time as may be prescribed by the statutes to the Executive Council
against the decision of any officer or authority of the University and
thereupon the Executive Council may confirm, modify or reserve the decision
appealed against. (1)
The Wardens and superintending staff of the Hostel shall be
appointed in the manner prescribed by the Statutes. (2)
The conditions of residence in the Hostels shall be prescribed by
the ordinance and every Hostel shall be subject to Inspection by any member of
the Residence, Health and Discipline Board if formed and by any officer of the
University authorized in the behalf by the Executive Council. (3)
The Executive Council shall have power to suspend or withdraw the
recognition of any Hostel which is not conducted in accordance with the
conditions prescribed by the Ordinances. An appeal in respect of a
dispute arising out of a contract between the University and any officer or
teacher of the University shall be preferred in the case of dispute between an
officer or teacher and an authority of the University other than the Executive
Council, to the Executive Council and in respect of a dispute between an Officer
or teacher and the Executive Council, to the Chancellor, as the case may be,
who may either dispose of the appeal or refer it to a Board of Arbitration. The
constitution of any terms of reference to the Board of Arbitration shall be
such as may be prescribed by the Statutes. The decision of the Board of
Arbitration shall be final and no suit shall lie in any Civil Court in respect
of the matters decided by the Board of Arbitration. (1)
The University shall constitute, for the benefit of its all
employees, in such manner and subject to such condition as may be prescribed by
the Statutes, such pensions, insurance and provident funds as it may deem fit. (2)
Where such a provident fund has been so constituted, the
Government may, notwithstanding anything contained in the Provident fund Act,
1925 (Central Act 19 of 1925), by notification in the Official Gazette, declare
that the provision of the Contributory Provident Fund Rules (Assam), 1936,
shall apply to such provident fund of the University as if it were a Government
Provident Fund. (3)
The University may introduce only new scheme of pension, provident
fund or insurance scheme for the benefit of employees after due deliberation
and approval of Executive Council. If any question arises as
to whether any person has been duly elected or appointed as or is entitled to
be, a member of any authority or other body of the University, the matter shall
be referred to the Chancellor whose decision thereon shall be final. (1)
Where any authority of the University is given power by this Act.
or the Statutes to appoint Committees, such Committees shall, save as otherwise
provided, consist of the members of the authority concerned and of such other
person, if any, as the authority in each case may think fit. (2)
All casual vacancies among the members (other than ex-officio
members) of any authority or other body of the University shall be filled, as
soon as may be, by the person or body who appointed, elected or co-opted the
member whose place has become
vacant and person appointed, elected or co-opted to a casual vacancy shall be a
member of such authority or body for the residue of the term for which the
person whose place he fills would have been a member. (3)
If any question arises whether any person has been duly elected or
appointed as or is entitled to be, a member of any authority or other body of
the University, the matter shall be referred to the Chancellor whose decision
thereon shall be final. (1)
No act or proceeding of any authority or other body of the
University shall be invalidated merely by, reason of existence of a vacancy or
vacancies among its members. (2)
The proceedings of all authorities shall be written in English. (3)
Medium of instruction of the University shall be English. All correspondences
made by the University shall be in English only. (4)
Instructions given by the Educators to field level functionaries
of Cooperatives may be bilingual for their benefit in which case both English
and regional language may be made. No suit or other legal
proceeding shall lie against any officer or other employee of the University
for anything which is done in good faith or intended to be done in pursuance of
any of the provisions of this Act, the statutes or the Ordinances. A copy of any receipt,
application, notice, order, proceeding, resolution of any authority or
committee of the University, or other documents in possession of the
University, or any entry in any register duly maintained by the University, if
certified by the Registrars, shall be received as prima facie evidence of such
receipt, application, notice, order, proceeding, resolution or documents or the
existence of entry in the register and shall be admitted as the matters and
transactions therein where the original thereof would, if produced have been
admissible in evidence. Notwithstanding anything
contained in this Act,- (1)
It shall be the duty of the First Vice-Chancellor to make
arrangements for constituting the first Councils, Committees, Boards and other
authorities of the University within six months of coming into force of this
Act or such longer period not exceeding one year as the Government may by notification
direct. (2)
The Council, Committees, Boards and other authorities constituted
under sub-section (1) shall commence to exercise their functions on such date
as the Government may by notification, specify in this behalf. (4)
The First Vice-Chancellor shall within a period of three months
from the date of his appointment or within such longer period not exceeding one
year from the date of his appointment as Vice-Chancellor may, by notification, 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 ordinances and
the first Regulations of the University to be framed or made and published with
the approval of the Chancellor and first statutes, the first ordinances and the
first Regulations so framed shall come into force with effect from the date of
such publication as if they were framed or made under the provisions of this
Act relating to them. (5)
The first Statutes, the first ordinances and first Regulations of
the University shall remain in force until new Statutes, new Ordinances and new
Regulations are made under the provisions of this Act. (6)
The first Vice-Chancellor may, subject to the approval of the
first Executive Council appoint such administrative, ministerial and others
staff as he deems necessary in accordance with the provision of this Act for
giving effect to the provisions of this Act. The staff so appointed shall be
treated as regular appointment for the purposes of this Act. If any difficulty arises in
giving effect to the provisions of this Act, the State Government may, by order
published in the official Gazette make such provisions, not inconsistent with
the provisions of this Act, as appear to it to be necessary or expedient for
removing the difficulty: Provided that no such order
shall be made under this section after the expiry of three years from the
commencement of this Act. (1)
Every Statutes, Ordinances and Regulations made under this Act
shall be published in the Official Gazette. (2)
Every Statutes, Ordinances or Regulations made under this Act
shall be laid as soon as may be after it is made before the Assam Legislative
Assembly while it is in session, for a total period of fourteen days which may
be comprised in one session or in two or more successive sessions, and if,
before the expiry of the sessions immediately following the Assam Legislative
Assembly agree in making any modification in the Statutes, Ordinances or
Regulations or the Assam Legislative Assembly agree that the Statutes,
Ordinances or Regulations should not be made, the Statutes, Ordinances or
Regulations shall thereafter have effect only in such modified form or be of no
effect, as the case may be, so however, that such modification or annulment
shall be without prejudice to the validity of anything previously done under
that Statutes, Ordinances or Regulations. 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. All suits and actions
arising out of or relating to the Assam Rajiv Gandhi University of Cooperative
Management shall be instituted within the jurisdiction of Courts at Siva sager,
Assam only.
Preamble - THE ASSAM RAJIV GANDHI UNIVERSITY OF COOPERATIVE
MANAGEMENT ACT, 2010PREAMBLE