MAJULI
UNIVERSITY OF CULTURE ACT, 2017 THE MAJULI UNIVERSITY OF CULTURE ACT, 2017 [Act No. 37 of 2017] [16th October, 2017] An Act to establish and constitute
a teaching and affiliating Cultural University in the State of Assam. Whereas it is expedient to
establish and constitute a teaching and affiliating Cultural University in the
world's largest river island Majuli in the State of Assam. It is hereby enacted in the
Sixty-eighth Year of the Republic of India as follows:- (1)
This Act may be called the Majuli University of Culture Act, 2017. (2)
It extends to the whole of Assam. (3)
It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint. In this Act, unless the
context otherwise requires,- (a)
"Academic Council" means the Academic Council of the
University; (b)
"Affiliated Institution" means a College or an
Institution affiliated to the University and includes a college or an
institution deemed to be an affiliated college or institution under this Act; (c)
"Board" means the Board of Management of the University; (d)
"Board of Studies" means the Board of Studies of the
University; (e)
" Chancellor'' means the Chancellor of the University; (f)
"College" means an Institution admitted to the
University in accordance with the provisions of this Act and the Statutes and
includes a College managed by the University; (g)
"Constituent College" means a College established,
managed, maintained and controlled by the University and includes a College or
an institution deemed to be a constituent college of the University; (h)
"employee" means every person in the whole-time
employment of the University;
(i)
"faculty" means a faculty of the University; (j)
"Government" means the Government of Assam; (k)
"Institute" means the Institute, College or centre
attached to the University as an affiliated Institute, or a constituent
Institute and the word "institution" shall be constructed
accordingly; (l)
"Other Universities" means the Universities established
or deemed to have been established under any other enactments; (m)
"performing arts" include music, dance, drama, culture
which were created by Mahapurush Shankardeva, Madhabdeva and other great
luminaries of this art and it would also include all other forms of traditional
music, dance, drama and other cultural activities prevailing among different
indigenous communities of Assam; (n)
"prescribed" means prescribed by Statutes, Regulations
or Rules; (o)
"section" means a section of this Act; (p)
"State" means the State of Assam; (q)
"Statutes", "Regulations" and
"Rules" means respectively the "Statutes",
"Regulations" and "Rules" of the University made under this
Act; ? (r)
"Teacher" means a Professor, Reader, Lecturer or such
other person imparting instruction or conducting or supervising research either
in the constituent college or in the department of the University or in an
affiliated college as the context may imply; and (s)
"University" means me Majuli University of Culture
established under this Act. (1)
The Chancellor, the first Vice-Chancellor, Members of the Board
and the Academic Council and all persons, who may hereafter become such
Chancellor, Officers and Members so long as they continue to hold such office
or membership shall constitute a body corporate, by the name of the Majuli University
of Culture and such body corporate shall have perpetual succession and a common
seal and may sue and be sued by that name. (2)
The headquarters of the University shall be located in Majuli
District of Assam. (3)
Subject to the provisions of this Act and the Statutes, 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 may have been acquired by it for
the purposes of the University and to contract and do all other things
necessary for the purpose of this Act. The University shall have
following objects:- (i)
to promote education, research and training in various spheres of
culture including language, literature, visual arts, performing arts, satriya
dance, ankia bhaona, mukha (mask making) etc; (ii)
to impart education and disseminate learning in architecture and folklore
for the advancement of knowledge and for the betterment of society; (iii)
to generate and disseminate learning and promote creating
excellence in various spheres of culture, providing the infrastructure for
instruction, research and creativity and in particular, to take appropriate
measures for promoting into disciplinary, academic and creative pursuits in the
University; (iv)
to promote ethnic studies like ethno archaeology. ethnomusicology,
satriya sanskriti; (v)
to provide facilities and opportunities for graduate,
post-graduate, doctorate and post-doctorate education in various sphere of
culture including language, literature, visual arts, performing arts,
architecture and folklore by instruction, training, research and development
and extension and by such other means as the University may deem fit; (vi)
to serve as a centre for fostering co-operation and exchange ideas
among the academic and research communities; (vii)
to organize exchange programmes with other Universities and
institutions of repute in India and abroad; and (viii)
to undertake such other activities as may be required to fulfill
the above objects. The University shall in
particular exercise and perform the following powers and functions, namely:- (a)
to provide for guidelines in creative arts and allied branches of
learning; (b)
to grant, subject to such conditions as the University may
determine diplomas or certificates and confer degrees and other academic
distinctions on the basis of examination evaluation or any other method of
assessment, on deserving persons; (c)
to confer honorary degrees or other distinctions on persons for
the creative excellence; (d)
to institute Fellowships, Awards, Medals and Scholarships; (e)
to recognize institution of higher learning and research for such
purposes as the University may determine; (f)
to appoint persons working in any other University or organization
as Fellows and Visiting Professors of the University for specific periods; (g)
to collaborate or associate with other Universities or authorities
of institutions of higher learning; (h)
to establish and maintain Colleges, Academies, Institutes and
Cultural Complexes; (i)
to take up documentation, translation and publication and for the
purpose, enter into arrangements with other institutions or bodies; (j)
to declare a College, Academy or Institute as Autonomous; (k)
to determine standards for admission into the colleges of the
University; (l)
to make arrangements for promoting general welfare of the
teachers, employees and students; (m)
to regulate and enforce discipline among the employees and
students; (n)
to receive donations and to acquire, hold, manage and dispose of
any movable or immovable property; (o)
to make arrangements for promoting the health, general welfare and
moral well-being of students and take such measures as would foster in them
habits of hard work, self-discipline and spirit of service to society; (p)
to fix the fees payable to the University and to demand and
receive such fees; (q)
to hold and manage endowments and bursaries; and institute and
award fellowships, scholarships, studentships, medals and prizes; (r)
to institute and provide funds wherever necessary for carrying out
the functions of the University; (s)
to co-operate with the other Universities or Institutions or
Authorities or Associations in such manner and for such purposes as the Board
may determine; (t)
to establish, maintain, manage and confer recognition to hostels; (u)
to co-ordinate, supervise, regulate and control the teaching and
conduct of research work in me affiliated institutions to the extent deemed
necessary; (v)
to determine the powers and duties of the officers and other
employees of the University other than those provided in this Act; (w)
to provide for inspection of affiliated institutions and lay down
standards of instruction and research; (x)
to institute and establish professorships, readerships,
lectureships and any other teaching and research posts required by the
University and to appoint persons to such professorships, readerships,
lectureships and other teaching and research posts; and (y)
to do all such acts and things as may be required in furtherance
of the objects of the University. No person shall, on grounds
only on religion, race, caste, sex descent, residents, language, political
opinion or any other of these, be ineligible for, or discriminate against in
respect of any employment or office under the University or Membership of any
of the authorities or bodies of the University or admission to any course of
study or research in the University: Provided that me University
may, in consultation with the Government, reserve seats for the members of the
Backward Class of Citizens or Scheduled Castes or Scheduled Tribes or women or
any other category of persons for the purpose of admission as students to any
of the constituent colleges or the institutions of the University or affiliated
colleges and institutions. (1)
The Governor 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 the meeting of the convocations of the University. (3)
The Chancellor shall exercise the powers of overall supervision
over the University and take requisite steps to develop it as centre of
excellence in creativity, research and learning. (4)
The Chancellor may, either suo moto or on a reference made to him
by the Vice-Chancellor under the provision of sub-section (8) of section 10 or
by the State Government, by order in writing, annul any proceedings of any of
the authorities of the University which is not in conformity with this Act, the
Statutes, the Regulations, the Rules, or any other law for me time being in
force: Provided mat before making
any such order, the Chancellor shall call upon such authority to show cause as
to why any such order should not be made and consider the cause if any, shown
by such authority within a period not exceeding sixty days as may be fixed by
the Chancellor. (5) The
Chancellor shall have the right to suspend or dismiss any of the authorities of
the University and to take measures for the interim administration of the
University: Provided that before taking
any such action the Chancellor shall give an opportunity to such authority to
show cause as to why such an action should not be taken. (6)
Every proposal, for the conferment of an honorary degree shall be
subject to confirmation of the Chancellor. (7)
An appeal shall lie to the Chancellor against any order of
dismissal passed by the Board or the Vice-Chancellor against any employee
concerned. (8)
An appeal under sub-section (7) shall be filed within sixty days
from the date of service of the order of dismissal on the employee concerned. (9)
The Chancellor shall have power to remove the Vice-Chancellor from
office by an order in writing on charges of mismanagement of funds or
misconduct or for any other good and sufficient reasons: Provided that orders
removing the Vice-Chancellor under this sub-section shall not be passed until
such charges are proved by an enquiry conducted by an officer not below the
rank of Secretary to the Government, appointed by the Chancellor for the
purpose: Provided further that the
Vice-Chancellor shall not be removed under this sub-section unless he has been
given a reasonable opportunity of showing cause against the action proposed to
be taken against him. The following shall be the
officers of the University, namely:- (i)
me Vice-Chancellor; (ii)
the Registrar;
(iii)
the Finance and Accounts Officer; (iv)
the Controller of Examinations; and (v)
such other officers as may be declared by the Statutes to to
Officers of me University. (1) The
Vice-Chancellor shall be appointed by the Chancellor on the unanimous
recommendation of a Search Committee appointed by him consisting of three
members, one nominated by the Chancellor, one elected by the Board and the
third nominated by the Government and the Search Committee shall make its
recommendations within a period of three months from the date of its
appointment: Provided that no person
shall be eligible to be a member of the Committee if he is a member of any of
the authorities of the University or an employee of the University or of a
college or institution maintained or recognized by or affiliated to the
University: Provided further that the
first Vice-Chancellor may be appointed by the Chancellor on the recommendation
of the Government for a term not exceeding two years. (2)
In case the Committee appointed under sub-section (1) is unable to
recommend a name unanimously, the Vice-Chancellor shall be appointed by the
Chancellor from the panel of three names submitted to him by the Committee
within the period specified in the preceding sub-section. (3)
If the Committee fails to make a unanimous recommendation or
submit a panel of names as aforesaid, another Search Committee shall be
appointed by the Chancellor in the same manner as provided in sub-section (1)
to make unanimous recommendation or submit a panel of three names to the
Chancellor, who shall appoint a Vice-Chancellor accordingly. (4)
No person who has completed seventy years of age shall be eligible
to hold the office of the Vice-Chancellor. (5)
The Vice-Chancellor shall hold office for a term of five years
from the date on which he enters upon his office and shall be eligible for
reappointment for another term till he attains the age of seventy, whichever is
earlier, following the procedure specified in sub-section (1). (6)
The remuneration payable to, and the other conditions of service
of the Vice-Chancellor shall be determined by the Chancellor; Provided that the
emoluments and other conditions of the service shall not be varied to the
disadvantage of the Vice-Chancellor during his tenure as Vice-Chancellor. (1)
The Vice-Chancellor shall be the principal of academics and
executive officer of the University and all other officers of the University
shall be subject to general supervision and control of the Vice-Chancellor. (2)
The Vice Chancellor shall be the Chairman of the Board and the
Academic Council, and shall be entitled to be present at and to address any
meeting of any authority of the University, but shall not be entitled to vote,
thereat, unless he is a member of the authority concerned. (3)
It shall be the duty of the Vice-Chancellor to ensure that the
provisions of this Act, the Statutes, Regulations and Rules are observed and he
shall have all the powers necessary for this purpose. (4)
The Vice-Chancellor shall have the right of visiting and inspecting
institutions maintained by or affiliated to the University. (5)
If the Vice-Chancellor is of the opinion that any order or
decision which is required to be passed or made by any authority of the
University is necessary to be passed or made immediately and it is not
practicable to convene a meeting of the said authority for that purpose he may
pass such order or take such decision as he deems proper and place the matter
before the said authority at its next meeting within sixty days for
ratification and where the authority differs from the Vice-Chancellor, the
matter shall be referred to the Chancellor whose decision thereon shall be
final. (6)
Subject to the provisions of this Act and the Statutes, the
Vice-Chancellor shall have the power,- (a)
to make appointment to posts of non-teaching employees or to such
posts as may be prescribed and specify their duties; ? (b)
to suspend, dismiss or otherwise punish any non-teaching employee
of the University; and (c)
to take disciplinary action against students of the University. (7)
The Vice-Chancellor shall have the power to convene meetings of
the Board or the Academic Council or any other authority of the University. (8)
It shall be the duty of the Vice-Chancellor to ensure that the
proceedings of the University are carried on in accordance with the provisions
of this Act, the Statutes, the Regulations and the rules made there under. If
the Vice-Chancellor is of opinion that any proceedings or order of an authority
of the University is volatile of any of the provisions of this Act or the
Statutes, Regulations or Rules made there under, he may by an order in writing,
stay the operation of such proceedings or orders and send a report and make a
reference to the Chancellor for a final decision in accordance with the
provisions of sub-section (4) of section 7. (9)
The Vice-Chancellor shall exercise such other powers and perform
such other functions as may be prescribed by the Statutes and the Regulations. (10)
In the event of absence of Vice-Chancellor from the headquarters
or during his inability to act due to reasons like illness, the Chancellor may
make such arrangement for performance of the duties of the Vice-Chancellor as
he may deem fit during such absence (11)
In the event of the occurrence of vacancy in the office of the
Vice-Chancellor, by reasons of death, resignation or otherwise, the Chancellor
may appoint any person to act as Vice-Chancellor until regular appointment of
Vice-Chancellor is made in accordance with section 9; Provided that the period of
such interim arrangement shall not exceed six months. (1)
The Registrar shall be a whole time officer of the University and
shall be appointed by the State Government for such period and on such terms
and conditions as may be prescribed by the Statutes. (2)
The Registrar shall be responsible for,- (a)
the custody of the records and the common seal of the University; (b) maintaining
a permanent record of the academic performance of students
of the University including the courses taken, grades obtained, degrees
awarded, prizes or other distinctions won and any other items pertaining to the
academic performance of the students; ? (c)
executing all contracts on behalf of the University; and (d)
acting as the Secretary of the authorities of the University. (3)
The Registrar shall exercise such other powers and perform such
other duties as are imposed on him by the Statutes. (4)
Suits and other legal proceedings by or against the University
shall be instituted by or against the Registrar. (1)
The Board shall appoint a person selected from among a panel
containing the names of officers belonging to the Assam Finance Service,
Class-I furnished by the Government or from any other source as may be provided
in the Statutes, as the Finance and Accounts Officer of the University for such
periods and on such terms as may be prescribed by the Statutes. (2)
The Finance and Accounts Officer shall,- (a)
act as the Treasurer of the University and be responsible for the
proper investment of the funds and managements of the assets of the University; (b)
exercise general supervision over operation of all funds; (c)
tender advice with regard to financial transactions of the
University; (d)
present annual financial estimates and statement of accounts; (e)
ensure utilization of the allocations for the programmed schemes
and projects of the University;
(f)
scrutinize the statement of accounts of the constituent colleges
or other institutions maintained by the University and submit report thereon to
the Vice-Chancellor and the Board; (g)
receive all contributions, grants, bequests, endowments and
interests on investments on behalf of the University; (h)
collect fees, fines, sale proceeds and other amounts of casual
income accruable to me University; (i)
operate schemes relating to scholarship funds, stipends and fellowship
amounts; (j)
be responsible for the day-to-day financial transactions and
maintenance of accounts thereof; (k)
administer such petty cash funds as may be needed; (l)
operate the funds contributed by the students for various
purposes; (m)
prepare pay and allowance bills of officers, teachers and other
employees of the University and draw and disburse the amounts thereof; (n)
scrutinize other bills and, if they are in order, ensure prompt
payment; (o)
prepare utilization certificates for funds received from Government
and other funding agencies and get them promptly transmitted to the relevant
quarters through the Registrar; (p) develop and operate an internal audit
system and ensure that all the registers, records and documents are properly
preserved for presentation before the audit; (p)
place statement of accounts at such intervals as specified by the
Board and the Vice-Chancellor; (q)
bring serious irregularities, if any, in financial transactions of
the University to the notice of the Board through the Vice-Chancellor; (r)
render such assistance to the Registrar as may be required in
management of assets and investments and scrutiny of the contracts and
agreements; and (s)
perform such other functions as may, from time to time, be
assigned to him by the Vice-Chancellor. (3)
the Finance and Accounts Officer shall be answerable to the
Vice-Chancellor and the authorities of the University for effective financial
management and augmentation of resources of the University. (1)
The Controller of Examinations shall be appointed by the
Vice-Chancellor, on deputation from Government or any other organization. (2)
The Controller of Examinations shall be responsible for advanced
preparatory action, effective conduct of examinations, proper evaluation of the
answer scripts, tabulations, timely declaration of the results and expeditious
distribution of the Diplomas and Certificates. (3)
The Controller of Examinations shall perform such other functions
as may be entrusted to him by the Vice-Chancellor. (1)
All posts of officers except the Vice-Chancellor, teachers and
other employees of the University including the constituent colleges shall be
created and me scales of pay thereof shall be determined by the
Vice-Chancellor, subject to allotment of funds in the budget of the University
and with the approval of the Government. (2)
The conditions of service and other incidental matters relating to
the other employees shall be such as may be prescribed by the Statutes. Notwithstanding anything
contained in sections 11, 12 and 13, the first Registrar, the first Finance
Officer and the first Controller of Examinations shall be appointed by the
Vice-Chancellor on the recommendations of the Government. The following shall be the
authorities of the University, namely:- (a)
the Academic Council; (b)
the Board; (c)
the faculties;
(d)
the Board of Studies; (e)
such other authorities as may be declared from time to time by the
Statutes to be authorities of the University. (1)
The Academic Council shall consist of the following members,
namely:- ? (a)
the Vice-Chancellor; (b)
The Senior most Secretary to the Government of Assam, Higher
Education Department or his nominee not below the rank of a Joint Secretary; (c)
Three Awardees belonging to Assam, each of? (i)
National Sahitya Akademy. (ii)
National Lalit kala Akademi; and (iii)
National Sangeet Natak Akademy, all to be nominated by the
Chancellor; (d)
Senior most Secretary to the Government of Assam, Cultural Affairs
Department or his nominee not below the rank of Joint Secretary (e)
two members of the Assam Legislative Assembly to be nominated by
the Government; (f)
Director of Higher Education, Assam; (g)
Director of Cultural Affairs, Assam; (h)
Secretary, Srimanta Shankardeva Kalakshetra; (i)
President, Asom Sahitya Sabha; (j)
three eminent scholars one each from the spheres of literary arts,
visual arts and performing arts, to be nominated by the Government; (k)
the Registrar;
(l)
the Controller of examinations; (m)
the nominee of the Centre for Cultural Resources Training; and (n)
the Director, North East Zone Cultural Centre; (2)
The Academic Council shall ordinarily meet twice a year and
formulate recommendations on the programmes, schemes and academic affairs of
the University. ? (3)
One third members shall constitute the quorum for holding the
meeting of the Academic Council. (4)
The Academic Council shall be the principal academic body of the
University and subject to the provisions of this Act and Statutes, it shall
coordinate and exercise general supervision over the academic programmes and
policies of the University. Subject to the provisions
of this Act and of the Statutes, the Academic Council shall have the following
powers and functions, namely:- (i)
to advice the Board on all academic matters; (ii)
to make regulations and to amend or repeal the same on the
following matters.- (a)
prescribing courses of studies and schemes of examinations; (b)
conducting annual review of courses offered, content of curriculum
and prescribing new courses to be introduced keeping in view the needs of the
society prescribing modifications in curriculum; (c)
prescribing qualifications for admission of students of various
courses of studies, to research degrees and the examinations and the conditions
under which exemptions may be granted; (d)
prescribing standards of evaluation of the performance of students
and classifications of students on the basis of their performance in the
examination; (e)
prescribing the conditions for admission of candidates for
research degrees and the requirements for the award of such degrees; (f)
prescribing the qualifications for recognition of teachers and
scholars as supervisors for research; (g)
prescribing the equivalence of examinations, degrees, diplomas and
certificates of other Universities or institutions of the Country; (h)
prescribing the qualification of teachers; and (i)
prescribing the norms for the upgradation of teaching posts; (j)
to examine and act upon the recommendations of the various
faculties in making regulations; (k)
to determine the degrees, diplomas another academic distinctions
which shall be granted by the University and to award the same; (l)
to institute scholarships and fellowships; (m)
to recommend to the Board the conferment of honorary degrees and
other distinctions; (n)
to consider the annual reports and to make suggestions theron to
the Board; and (o)
to exercise such other powers and perform such other functions as
may be prescribed by the Statutes. (1)
The Board shall consist of the following members, namely:- (a)
the Vice-Chancellor; (b)
the Senior most Secretary to the Government of Assam, Higher
Education Department or his nominee not below the rank of a Joint Secretary; (c)
the Senior most Secretary to the Government of Assam, Finance
Department or his nominee not below the rank of a Joint Secretary; (d)
the Senior most Secretary to the Government of Assam, Cultural
Affairs Department or his nominee not below the rank of a Joint Secretary; (e)
Director of Higher Education, Assam; (f)
Director of Cultural Affairs, Assam, Guwahati; (g)
Director of Archaeology, Assam Guwahati; (h)
three persons (one each from the spheres of literary arts, visual
arts and performing arts) to be nominated by the Chancellor from among the
members of the Academic Council; (i)
President, Asoni Sahitya Sabha; (j)
the Registrar; (k)
the Finance and Accounts Officer; (l)
the Controller of Examinations; and (2)
The Board shall ordinarily meet once in two months to transact its
business. (3)
One third of the members shall constitute the quorum for the
meeting of the Board. Subject to the provisions
of this Act and the Statutes, the Board shall exercise and perform the
following powers and functions, namely:- (i)
to exercise the executive powers of the University including the
general superintendence and control over its institutions; (ii)
to admit an institution to the University as an affiliated
institution in accordance with the terms and conditions prescribed by the
Statutes; (iii)
to make Statutes for considerations and approval of the
Government; (iv)
to hold, control and administer the properties and funds of the
University including investment of money in such stocks, funds, shares or
securities as deemed fit; (v)
to provide buildings, premises, furniture, apparatus and other
requisites for carrying on the work of the University and to that end enter
into, vary, carry out and cancel contracts on behalf of the University; (vi)
to direct the form and use of the common seal of the University; (vii)
to establish, maintain and manage departments and institutions of
research and other advanced centres of learning as it may from time to time,
deem necessary; (viii)
to appoint teachers and officers and to prescribe their duties; (ix)
to create teaching, specialist, administrative, ministerial and
other necessary posts with the approval of the Government; (x)
to suspend, discharge, dismiss or otherwise take disciplinary
action against teachers and officers; (xi)
to fix and regulate the fees payable by the students; (xii)
to create research fellowships, honorary or otherwise; (xiii)
to create fellowships, scholarships, studentships, bursaries,
medals and prizes; (xiv) to
exercise supervision and control over the residence and discipline of students; (xv)
to consider and pass the Financial Estimates, the Annual Accounts
together with the Audit Report and the Annual Report of the University in
accordance with the provisions of the Statutes; (xvi) to have
overall supervision over conduct of examinations and approval and publication
of the results thereof; (xvii) to
appoint members to the Faculties and Board of Studies; (xviii)
to delegate any of its powers to the Vice-Chancellors or any other
authority or officer as it may deem fit; (xix) to
prescribe procedure for the inspection of affiliated institution so as to
ensure compliance with the conditions of affiliation and to decide on the
continuance of affiliation; (xx)
to accept grants, endowments, bequests, donations, and transfers
of movable and immovable properties to the University on its behalf; (xxi) to negotiate
with other Universities and institutions of the country for the recognition of
the examinations of the University; and (xxii) to
exercise such other powers and perform such other duties as may be prescribed
by the Statutes. (1)
The University shall constitute such number of faculties as may be
prescribed by the Statutes from time to time and each of such faculty shall,
subject to the control of the Academic Council, be responsible for the
co-ordination of study and research in the branches presented in the Board of
studies coming under its purview. (2)
The term of the faculty, its constitution and membership shall be
prescribed by the statutes. (3)
Subject to the provisions of this Act, each faculty shall exercise
such powers and perform such duties as may be prescribed by the Statutes. (4)
There shall be a Dean for each faculty, who shall be nominated by
the Vice-Chancellor. (5)
The Dean of each faculty shall be responsible for the due
observance of the Statutes and Regulations and in guiding the deliberations of
the faculty. (6) The Dean
of a faculty shall hold office for a term of three years. (1)
There shall be a Board of Studies for each branch of study or
branches of study as the Board may decide. (2)
The constitution, powers and functions of the Board of Studies
shall be prescribed by the Statutes. (1)
A person shall cease to be a member of any of the authorities of
the University, if- (a)
he dies or is found to be of unsound mind or permanently invalid;
or (b)
he is found to be bankrupt and insolvent; or (c)
he is convicted for an offence involving moral turpitude; or (d)
being a nominated member, his nomination is withdrawn by the
nominating authority; or (e)
being an ex-officio member, he ceases to hold the relevant office;
or (f)
being a nominated member, his membership terminated by the
Chancellor for any act of omission and commission, after affording him an
opportunity of being heard; or (g)
being a nominated member, he resigns or absents himself from three
consecutive meetings without pre-written intimation. (2)
The term of the nominated members of the authorities of the
University shall be three academic years including part of the academic year.
Vacancies arising due to death or otherwise, the nominated membership of any
authority of the University may be filled up by fresh nomination and the
persons nominated shall continue as member for the residual period of the term. (3)
No act or proceeding of any Authority, committee or body of the
University shall be invalid merely by reason of existence of a vacancy, or
vacancies among its members. The University shall
undertake courses, schemes, programs and projects for promotion of excellence
in study, creative research translation and inter language interaction in
respect of various languages such as Assamese, Sanskrit, Hindi and English etc. (1)
The University may confer the degree of Doctorate of Literature in
Creative Writing in a language subject on a person for a work of poetry,
fiction or drama as per the following procedure, namely:- (a)
Awardees of the National Sanitya Akademi or Asom Sahitya Sabha
(for poetry/fiction/drama) or persons who have at least one earlier work which
is certified by two awardees of the National Sahitya Akademi to be of high
standard of creativity, shall be eligible to submit four copies of a published
work of poetry/fiction/drama, along with a brief commentary that may be
interpretative/analytical/critical for consideration of the University. (b)
The Board shall thereupon appoint three members from among the
awardees of the National Sahitya Akademi other than those who had certified
about the standard of creative or other eminent creative writers of national or
international stature, to assess the said published work and furnish their
reports; (c)
In case at least two of the examiners affirm that the published
original work is a creative work constitute significant contribution to
literature, the Board may accept the said work for award of the degree of
Doctor of Literature in the language concerned for Creative Writing and the
result thereof. (d)
The Diploma in the specific form conferring the said degree shall
be presented either at the annual convocation or at a special ceremony
organized by the University, as the case may be. (1)
The University may institute a Post-Graduate Diploma Course in
Applied Translation in national, State recognized local languages and creative
writing in National, State languages, recognized local languages in the
Distance Education pattern as per the regulations to be formulated by the
Academic Council and operate it through literary institutions or organizations
within or outside Assam, specially affiliated to the University for the said
purpose. (2)
In order to be eligible for such special affiliation, the
Institution or organization must fulfill the following conditions, namely:- (a)
it should have been registered as a society or a trust; (b)
it should have been operative for a period of not less than three
years; (c)
its balance-sheet certified by a Chartered Accountant should
indicate a standing balance of at least rupees one lakh; (d)
it should have engaged on whole time or part-time basis an eminent
litterateur or creative writer or translator or academic scholar as Director or
Principal; and (e)
it should be having a library with a reasonable number of books in
stock. The University shall
undertake courses, schemes, programmes and projects for promotion of excellence
in study, creative research and documentation in respect of various aspects
relating to visual arts and performing arts. (1)
The University shall establish a fund to be called the University
fund. (2)
The following shall form a part of, or be paid into, the
University fund, namely:' (a)
any contribution or grant by the Government, Central Government,
University Grants Commission, Industrial Undertaking, Corporations, Companies
Associations, other bodies or local authorities; (b)
any income of the University from all sources including income
from fees and charges and sale proceeds; (c)
bequests, donations, endowments and other grants, if any, received
by the University; and (d)
miscellaneous receipts. (3)
With the prior approval of the Government, the University may,
from time to time, establish such other funds in such name and for such
specific purposes as may be decided by the Board. (4)
The fund shall be kept in a Nationalised or Scheduled Bank or
invested in such securities as may be decided by the Board. (5)
The funds and all monies of the University shall be managed in
such manners as may be prescribed by the Statutes. The University may, with
the previous sanction of the Government as regards the purpose and amount of
loan and subject to such conditions as may be specified by the Government as to
security and rate of interest, borrow a sum of money from any Nationalized Bank
or Scheduled bank or any other corporate body or other financial institution. (1)
The University shall prepare the Financial Estimate of receipts
and expenditures of the University in such manner as may be prescribed by the
Statutes. (2)
The Board shall consider the estimates so prepared and approve
them with or without modification. (3)
The University shall submit such estimates as approved by the
Board to the Government for its sanction. (4)
The Government may pass such orders with reference to the said
estimates as it thinks fit and communicate the same to the University which
shall give the effect to such order. (5)
The Board may, in urgent cases where expenditure is in excess of
the amounts provided for in the budget is found to be necessary, for reasons to
be recorded in writing, incur such expenditure. (1)
The annual accounts of the University shall be prepared by the
Finance and Accounts Officer under the direction of the Board and all monies
accruing to, or received by the University, from whatever sources and all
amount disbursed and paid by the University shall be entered in the Books of
Accounts. (2)
The Accounts of the University shall, at least once in every year
and at interval of not more than fifteen months, be audited by Local Audit. (3)
All reports of audit made under sub-section (2) shall, as soon as
may be after they are received from the Examiner of the Local Audit, be laid
before the State Legislature for a total period of fourteen days which may be
comprised in one or more sessions. (4)
The Government shall have power to conduct special audit if
required in respect of utilization of funds and the University shall comply
with the directions issued by Government on such audit. (5)
The University shall forthwith rectify any defect or irregularity pointed
out by the auditors and report the action taken thereon to the Government. (1)
The Board shall prepare the annual report of the University
containing such particulars as the Government may specify covering each
financial year, and before its final approval, it shall be presented to the
Academic Council for its review on or before such date as may be prescribed by
the Statutes. (2) Copies of the Annual Report and the Annual Accounts shall be
sent to the Government and the Government shall place them before the State
Legislature. Subject to the provisions
of tins Act, the Statutes may provide for all or any of the following matters,
namely:- (a)
the constitution, function and powers of the faculties, Board of studies
and other authorities of the University and such other bodies as may be
declared to be authorities of the University; (b)
the method of recruitment, conditions of service, powers and
duties of the officers, teachers and other employees of the University; (c)
the conferment of honorary degrees; (d)
the award of degrees, diplomas, titles, certificates and other
academic distinctions; (e)
the withdrawal of degrees, diplomas, titles, certificates and
other academic distinctions; (f)
the institution of fellowships, scholarships, studentships,
exhibitions, medals and prizes;
(g)
the procedure to be followed at meetings of authorities of the
University for the transaction of business by them; (h)
the classification of teachers of the University and other employees; (i)
acceptance and management of bequests, donations and endowments; (j)
the grant of affiliation to institutions; (k)
recognition of examinations of Universities of other educational
institutions as equivalent to the examinations of the University; (l)
fees to be charged for the courses of studies in the University
and for admission to the examination of degrees and diplomas of the University. (m)
conditions relating to the award of fellowships, scholarships,
studentships, exhibitions, medals and prizes. (n)
conduct of examinations, including the term of office, manner of
appointment and duties of examination bodies, examiners and moderators; (o)
supervision of students engaged in research and special studies in
constituent or affiliated institutions or attached centres; ? (p)
fees to be charged for the services rendered by the University;
and (q)
any other matters which are required to be or may be prescribed
under this Act or by the statutes. (1)
The first Statutes of the University shall be made by the
Government by notification in the Official Gazette and shall continue to be in
force until amended or superseded by Statutes made by the Board in accordance
with the provisions of this section. (2)
The Board may, from time to time, make new or additional Statutes
of may amend or repeal the Statutes in the manner hereinafter provided. (3)
No Statutes affecting the powers or duties of any authority of the
University shall be made by the Board unless the draft of such Statutes is
referred by the Vice-Chancellor to such authority concerned for expressing its
views thereon within such period as may be specified in the reference or within
such further period as the Vice-Chancellor may allow and views, if any, so
expressed are duly considered. (4)
Every Statute passed by the Board shall be submitted to the
Government, who may give or withhold its approval thereto or refer it back to
the Board for reconsideration with such observations as it may deem fit (5)
No Statutes passed by the Board shall be valid until approved by
the Government and it shall come into force on the date of its publication in
the Official Gazette or such other dates that the Government may fix. (1)
The Academic Council may, subject to the approval of the Board,
make regulations consistent with this Act and the Statutes. (2)
The regulations may provide for the exercise of all or any of the
powers and functions enumerated in clause (ii) of section 18 of this Act. (3)
Every Regulation shall come into force on the date of its
publication in the Official Gazette or on such other prospective date as the
Board may direct. (1)
The Academic Council, Faculties and the Board of Studies of the
University may, subject to me approval of the Board, make rules consistent with
this Act and the Statutes and the Regulations made there under. (2)
The rule may provide for,- (a)
the giving of notices to the members of each authority, the dates
of meetings and the business to be transacted at such meetings and also for
keeping a record of the proceedings of meetings. (b)
the procedure to be followed at the meetings and number of members
required to form the quorum for the meetings. (c)
all matters solely concerning such authority or the matters not
provided for by this Act, the Statutes or the Regulations made under this Act. (3)
The Board may refuse to approve the rules submitted to it or may
return them to the authority concerned for further consideration or may approve
the rules without modification or subject to such modification as the Board may
deem fit. (4)
Every rules made under this section shall come into force on the
date of their publication in the Official Gazette or such other prospective
date as the Board may direct. (1) All
colleges and institutions imparting education in literary, arts, visual and
performing arts existing in the State and affiliated to other Universities
immediately before the date of commencement of this Act shall be deemed to have
been disaffiliated from the respective other Universities and have been
affiliated to the University from such period and subject to such terms and
conditions, as has been specified in the order of the respective Universities
from which they obtained the affiliation: Provided that the
University may impose such other terms and conditions for continuation or
further extension of the term of affiliation, not inconsistent with the
provisions made under this Act, as it may deem fit and the college or
institution shall be bound to comply with such terms and conditions, within
such reasonable time as may be prescribed by the University. Provided further that the
University shall have power to alter or withdraw the affiliation deemed to have
been granted under this sub-section, if the college or institution concerned
does not comply with the terms and conditions so imposed. (2)
For the purpose of deemed affiliation provided in sub-section (1),
the college or institution concerned shall submit a copy of a valid letter of
affiliation granted by other Universities concerned to the Registrar of the
University within a period of three months from the date of commencement of
this Act and the acknowledgement of the receipt of such copy by the University
shall be a valid evidence for the purpose of such deemed affiliation. Notwithstanding anything
contained in this Act, the Statutes or Regulations, every students of the
colleges or institutions which have been disaffiliated or transferred from
other Universities in accordance with provisions of section 37 who was studying
in such colleges or institutions and was eligible to be admitted to any
examination held or conducted by other Universities, shall be permitted to
complete his courses of study or be admitted to the examination of the
University and the University shall make arrangement,- (a)
for the instruction, teaching, training and hold examination for
such student for such period in such a manner as may be determined by the
Vice-Chancellor in accordance with the course of studies of other University
concerned, and (b)
for the conferment of the corresponding degrees, diplomas or other
academic distinctions of the University upon any qualified students on the
result of such examinations. All acts and orders done or
passed in good faith by the University, any of its authorities, bodies or
officers shall be final and accordingly no suit or legal proceedings shall be
instituted against, or damage claimed from the University or its authorities,
bodies or officers for anything done or purporting to be done or any order
passed in good faith in pursuance of this Act, the Statutes, Regulations and
rules made there under. (1)
If any question arises regarding the interpretation of any
provision of this Act or any Statutes or as to whether a person has been duly
appointed or nominated or is entitled to be a member of any authority or body
of the University, the matter shall be referred to the Chancellor. (2)
The Chancellor shall after taking such advice as he may deem
necessary decide the question and his decision thereon shall be final. (1)
The Government shall have the right to cause inspection, to be
made by such person or persons as they may direct, of the University, its
buildings, libraries, museums, workshops and equipment or any institution
maintained, affiliated to or approved by the University, and to cause enquiry
to be made in respect of any matter connected with the University. (2)
The Government shall, before taking any action under subsection
(1), give notice to the University of their intention to cause such inspection
or enquiry to be made and the University shall be entitled to be represented
there at (3)
The Government shall communicate to the Board the result of any
inspection or inquiry made under sub-section (1) and may, after ascertaining
the opinion of the Board thereon, convey their views to the Vice-Chancellor and
to the Board. (4)
The Government may, after considering views of the Vice Chancellor
and the Board on the result of any inspection or inquiry made under sub-section
(1) advise the University upon the action to be taken in the matter. (5)
The Board shall report to the Government the action, if any, which
is proposed to be taken or has been taken upon the result of any inspection or
inquiry made under sub-section (1). ? (6)
A report under sub-section (5) shall be submitted to the Government
with the opinion of the Board thereon and within such time as the Government
may direct. (7)
Where the Board docs not, within a reasonable time, take any
action referred to in sub-section (4) to the satisfaction of the Government,
the Government may after considering any explanation furnished by the Board in
the matter, issue such directions as it may think fit, and the Board shall
comply with such directions. With the prior approval of
the Government, the University may make appropriate provisions for the benefit
of its officers, teachers and other employees under its control in matters of
pension, insurance and provident fund and for such other benefits as it may
deem fit, in such manner as may be prescribed by the Statutes. If any difficulty arises as
to the first constitution of any Authority of the University or otherwise in
first giving effect to the provisions of this Act after the commencement of
this Act, the State Government may, by order, take such appropriate necessary
action, which appears to it to be necessary for the purpose of removing the
difficulties.
Preamble - MAJULI UNIVERSITY OF CULTURE ACT, 2017PREAMBLE