[THE ASSAM AIDED COLLEGE MANAGEMENT RULES, 1976][1] In exercise of the powers
conferred by the proviso to clause (g) of Section 21 of the Gauhati University
Act, 1947 (Assam Act, XVI of 1947) as amended uptodate and proviso to clause
(f) of Section 32 of the Dibrugarh University Act, 1965 (Assam Act, VIII of
1965) as amended upto date the Governor of Assam is pleased to make the
following rules, namely ? (1) These
rules may be called the Assam Aided College Management Rules, 1976 after
supersiding the old rules framed vide Government Notification No. ECL.
17/62/33, dated 1st July, 1965 and Notification No. ECL. 17/62/50, dated 26th
May, 1966. (2) These
rules shall come into force from such date[2] as
the Government by a notification appoint and publish in the Official Gazette.
The Governing Bodies of Aided College constituted or reconstituted under Rule 3
of the Assam Aided College Management Rules, 1966 (as amended till date) shall
stand dissolved from the date the Assam Aided College Managment Rules, 1976
come into force. Every Government Aided College shall be Governed by a
Governing Body the constitution of which has been approved by the Director of
Public Instruction, Assam save in cases where the Sectretary to the Government
of Assam in Education Department allow as an exception under special
circumstances. Constitution of Governing/Special Body of Govt. Aided College
-Governing Body is a meanful institution and has to play a definite role and
cannot be used as power - Four Governing Body were constituted within a period
of two years and third was allowed to function only for 13 day's - No
sufficient reasons assigned - Held: Constitution of Governing Body is solemn
task and to be done with allowed object of attaining public policy -
Dissolution of special body constituted 13 day's back is arbitrary and
discriminatory.[3] In another Case of [4]the
precondition for nominating the Vice-Principal as Ex-officio Secretary in
Governing Body was absent, hence violation of rule 22. DPI has no power to constitute or reconstitute a
Governing Body - under special circumstances a special body may be sanctioned
but that power is with the Secretary to the Govt., of Assam in the Education
Department.[5] Save in cases where Secretary to the Government of Assam
in the Education Department sanctions a Special Body under special
circumstances each Governing Body shall consist of the following members namely
? (a) (i) One
President; (ii) One Secretary; (iii) Two representatives of the teaching staff to be
elected annually from among themselves; (iv) Two persons to be nominated by the Gauhati
University/ Dibrugarh University; (v) Donor's nominee-Donors who paid Rupees 25,000.00 or
more or their nominees not more than one persen nominated by each donor would
continue to be life member. For new donors, representation will be limited to
one to be elected by new donors, from among themselves in rotation every two
years; (vi) Five persons to be nominated by the Government of
whom one shall be a lady; (vii) Two persons other than members of teaching staff to
be coopted by other members of whom one shall be a guardian; (viii) Vice-Principal-Ex-officio; (b) The
President shall be nominated by the Government from members nominated under
clauses (a) (vi) above; (c) In deficit
aided Colleges, the Principals of the Colleges shall be Nominated by the
Government as Ex-Officio Secretary of the Governing Body of the College.
In other aided Colleges, an outsider may be nominated by the Government as
Secretary and in that case the Principal of the College shall be nominated as member
and Joint Secretary in the Governing Body by virtue of his office with
corresponding reduction in nomination of non-official members by the Government
under clause (a) (vi) above; (d) The
Government Officials shall be Ex-Officio members in the body."][6]
The Governing Body shall be deemed to have been
constituted with effect from the date the President and other members are
nominated by the Government. Seven members shall from a quorum. The Governing Body shall meet at least once a quarter but
can meet at a shorter interval also if circumstances so demand and the
President of the Governing Body is satisfied that such meeting is necessary. An
emergency meeting can be held on requisition of the two third members of the
Governing Body. No act or proceedings of the Governing Body shall be
invalidated merely because of any vacancy in its membership. The Director of Public Instruction, Assam may dissolve
and reconstitute a Governing Body at any time, if circumstances so demand.
Pending reconstitution of the Governing Body the Director of Public Instruction
may take over the control and management of a college for a period not
exceeding three months and make arrangement for the management of the college in
such a manner as considered fit by him. This period may be extended for a
further period of three months with the approval of the Government. Subject to rule 8 above the terms of a Governing Body
will ordinarily expire after a period of 3 (three) years from the date, the
President and other nominated members are appointed by the Government. Subject to rules 8&9 above an ex-officio member of
the Governing Body shall automatically cease to be a member as soon as he
vacates the particular office during the tenure of and by virtue of which he
was appointed as such, and his successor will be deemed to be appointed as
ex-officio member of that Governing Body in the capacity of his predecessor.
Such changes should be reported immediately by the Secretary of Governing Body
to the Director of Public Instruction. No member of the Governing Body being an employee of the
college shall attend any meeting at which any matter relating to his pay,
promotion or conduct is under discussion. Bt it will be opened to the President
to call him for making any statement or representation on the subject but he
will have to leave the meeting after doing so. No member of a Governing Body shall enter into contract
for work, supply of materials or for any sale or purchase with the Governing
Body except with the permission of the President of the body where he is
District or Subdivisional Officer. If the President is not a District or
Subdivisional Officer the previous permission of the Director of Public
Instruction shall have to be obtained. Any member who absents himself from three consecutive
meeting of the Governing Body without consent of the Body shall cease to be
member of that Body and the Secretary shall report the fact to the Director of
Public Instruction, Assam for confirmation Further, office of a member of a
Governing Body other than Ex-Officio member shall be vacated subject to
confirmation by the Director of Public Instruction ? (i) If he
becomes insolvent; (ii) If by reasons
of his physical or mental disability he becomes in capable of acting as such; (iii) On death
or resignation; (iv) On his
being convicted of a criminal offence which in the opinion of the Director of
Public Instruction is of a serious nature. Occurence of any vacancy in a Governing Body shall be
reported to by the Secretary of the Governing Body forthwith the Director of
Public Instruction who shall take steps to fill up the vacancy in the manner in
which it was originally filled up. A meeting of the Governing Body will be called for by the
Secretary with the consent of the President if it is not a requitioned meeting
by the two-third members of the Governing Body. Not less than sevent days'
notice should be given of the meeting. The notice will setforth the business to
be transacted at the meeting and no business other than that so stated will be
transacted, except with the consent of three-forth of the members present.
Except any emergency meeting which should be so notified, all Meeting of the
Governing Body shall be held in the college premises. The proceedings of the
meeting should be recorded in the proceeding books by the Secretary and signed
by all members present. If any note of dissent given by any member, it should
also be recorded in the Proceeding Book. All records of the Governing Body of a
college must be kept in the college office and the Principal of the college
shall be responsible to preserve these records properly. In the absence of President, the Governing Body may elect
one of the members of the Governing Body present to preside over the meeting
already fixed with the consent of the President. Under direction of the Governing Body, the Secretary will
carry on correspondences with the proper authority on behalf of the Governing
Body provided that no correspondences shall be made direct to the State
Government who can be addressed through the Director of Public Instruction. The proceedings of the Governing Body's meeting of aided
colleges under deficit system of grant-in-aid shall be sent to the Director of
Public Instruction and to the Gauhati University or Dibrugarh University and no
final decision regarding appointment, promotions, suspension, termination,
removal or dismissal of teaching or non-teaching staff including the Principal
or construction involving 5,000,00 or more shall be taken without prior
approval of the Director of Public Instruction. The Proceeding books shall be
kept open for inspection by any officer of the Education Department and the
Gauhati University/ Dibrugarh University. So far as other aided colleges are concerned, the
Governing Bodies are not required to send the proceedings of the meetings to
the Director of Public Instruction to call for the proceedings of the meeting.
If any complaint is received against the Governing Body arising in any of the
matters referred to in para above and any direction given thereon by the
Director of Public Instruction shall be final and binding to the Governing
Body. The following particular duties are assigned to the
Governing Body ? (i) To
undertake financial management of the Colleges to collect authorised
subscriptions, to see that the fees are realised and that exemptions from
payment of fees are not granted except in accordance with the rules in force; (ii) To arrange
for the maintenance of the college buildings, furniture and equipment as
required; (iii) To grant
leave to the teachers subject to prescribed rules. The grant of leave other
than casual leave and the arrangement made to fill the vacancy being reported
to the Director of Public Instruction, Assam and the Gauhati
University/Dibrugarh University; (iv) To appoint
persons in connection with the affairs of the college as per provisions of
rules in force; (v) To arrange
for half-yearly internal audit for the all college funds and verification of
stock and furniture. Thses duties shall ordinarily be entrusted to one or two
members of the Governing Body, other than the office bearers and teacher
members. If there is no such member in the body competent to take up these
duties the body may employ outsider for the purpose on reasonable payment if
funds permit; (vi) To reply
the audit objections on the accounts audited by the auditors of Education
Department, Examiner, Local Accounts, Assam and the Accountant General Assam.
The replies to the objection raised by the auditor along with the explanatory
note on each point must furnished to the concerned authorities including the
Director of Public Instruction, Assam within 30 days from the date of receipt
of the audit objections; (vii) To see
that the scholarship/ stipends sanctioned to the student by the Government are
disbursed by the Principal in time. The following particular duties are assigned to the
President of the Governing Body ? (i) To preside
over in all the meetings of the Governing Body. If he is unable to attend any
meeting due to circumstances beyond his control, the same is to be
intimated to the Secretary of Governing Body so that the members of the
Governing Body may elect one of the members to preside over in any meeting as
provided in Rule 10; (ii) To see
that notices are served on the members of the Governing Body by the Secretary
in time in accordance with rules; (iii) That all
rules and procedures framed by the Government from time to time are strictly
followed by the Governing Body. The followings are particular duties and functions of the
Secretary of the Governing Body of deficit colleges ? (i) He is
received and draw all grants sanctioned by the State Government/Government of India
and University Grants Commission from time to time; (ii) To utilise
the grant for the purpose for which it is sanctioned and submission of
utilisation certificate of the grant to the sanctioning authority in time with
intimation to the Director of Public Instruction; (iii) To
disburse the deficit grant sanctioned by the Director of Public Instruction
toward payment of salary of teaching and non-teaching sanctioned staff of the
college within a week from the date of receipt of the grant; (iv) If any
excess amount of grant is sanctioned towards salary, the amount should be
refunded to the Director of Public Instruction at once; (v) That the
fund of the college is kept in the State Bank or any scheduled Bank including
Assam Co-operative Apex Bank and necessary accounts of drawal and disbursement
is maintained as per rules. The accounts in a Bank should be operated by the
Secretary of the Governing Body. In exceptional cases, the Director of Public
Instruction may issue instruction for drawal and disbursement by any other authority
or person; (vi) To assist
the Auditors while auditing the accounts of college fund; (vii) To place
the audit report together with replies to audit objections with necessary
explanation before the Governing Body to the authority concerned and the
Director of Public Instruction; (viii) In deficit
aided college, Secretary of the Governing Body can spend a sum of Rs. 300/- at
a time for any purpose without prior approval of the Governing Body of the
college but accounts of such expenditure should be placed before the Governing
Body on its next meeting for approval and regularisation of expenditure. If he
is to spend more than Rs. 300/- prior approval of the Governing Body should be
obtained. If it is found that the Principal of the college who is
the Ex-Officio Secretary of a Governing Body of deficit college has committed
any serious lapse and his continuance as Secretary of the Governing Body of the
College will jeopardise the very purpose of nominating him as Secretary of the
college Governing Body the Director of Public Instruction may replace him and
nominate the Vice-Principal of the College to act as Ex-Officio Secretary of
the Governing Body till the charges on which the Principal of the College is
proceeded with are finalised and he is acquited of all charges honorably. If
there is no Vice-Principal, the seniormost lecturer of the College may hold
charge of the Secretary of the Governing Body. The Secretary will be subject to
disciplinary action against him under the relevant provision of the Assam Services
(Discipline and Appeal) Rules, 1964 and any other rules framed from time to
time on this behalf. Except where it is ordered otherwise by general or
special orders, the Governing Body will leave to the Principal all routine
matters in connection with arrangement of classes, admission and transfer of
pupils, settlement of class routine, periodical examinations, awarding of Class
promotion and all matters of routine relating to instruction, administration
and discipline and control of pupils and staff. If however any complaint, it
will be open to the Governing Body to depute one or more members of Governing
Body to make an enquiry in these matters if necessary and take appropriate
action. A copy of the enquiry report together with action taken by the
Governing Body shall be submitted to the Director of Public Instruction and to
the Gauhati University, Dibrugarh University. Except as provided under these
rules all matters relating to disbursement of money on account of
shcolarships/stipends to students, the Principals concerned shall be held
directly responsible to the Government for any ommission/ commission in this
regard and the Government shall have the power of appointing authority for
placing them under suspension and of the disciplinary authority for taking
disciplinary action against them under the relevant provisions of the Assam
Services (Discipline and Appeal) Rules, 1964 and any other rules framed by the
Government from time to time in this behalf. The other duties and functions of the Governing Body are
as follows ? (i) To
determine the general schemes of studies of the College subject to approval by
the University concerned and the State Government to be obtained through the
Director of Public Instruction with regard to the inclusion of additional
subjects/introduction of Honours in any existing subject or opening of new.
Faculty and creation of additional posts; (ii) To
consider and initiate projects for improvement of the college; (iii) To deal
with question of ? (a) Discipline
and; (b) Grant of fee
remission under rules prescribed by the State Government; (iv) To deal
with any questions and exercise any function that may be referred to or
assigned by the State Government or the Gauhati University/Dibrugarh
University. The Secretary of the Governing Body shall submit an
Annual report to the Director of Public Instruction and to the University
concerned on the general conditions and progress of the college. Notwithstanding anything contained in these rules any
decision given, orders made, anything done, any action taken or any proceeding
immediately before commencement of these rules, shall in so far as they are not
inconsistant with the provisions of these rules continue in force and shall be
deemed to have been given order made, done or taken, commenced under the
provisions of these rules. If any dispute arises between the Governing Body of
College and the Director of Public Instruction about interpretation of any
provision of these rules, the interpretation given by the Government shall be
final and binding to all concerned. [1] Source
Govt., of Assam Publication. [2] With
effect from 20.11.1976 vide Notification No. ECL. 119/76/21, dated the 12th
November, 1976. Published in the Assam Gazette Extraordinary (No. 111), dated
16th November, 1976. [3] Sabinus
Kinatius Ekka Vs. State of Assam, (1995) 2 GLJ 211. [4] Dugdha
Nath Sarma Vs. Smti. Saroda Bezbaruah, (1987) 2 GLR 286. [5] Chandra
Nath Phookan Vs. State of Assam, (1995) 3 GLR 104. [6]
Substituted Rule "3" vide Notification No. ECL. 119 / 76 / pt./10,
dated the 16th May, 1976.THE ASSAM AIDED COLLEGE MANAGEMENT RULES, 1976
PREAMBLE