THE KOKRAJHAR UNIVERSITY ACT, 2024
The Kokrajhar University Act, 2024
1. Short title and commencement
(1) This Act may be called the Kokrajhar University Act, 2024. (2) It shall come into force at once.
2. Definitions
In this Act, unless there is anything repugnant to the subject or context,- (a) "Affiliated College" means a college affiliated to the University under section 6 (iii) and section 53; (b) "Affiliated Institution" means an institution affiliated to the University under section 6 (iii) and section 53; (c) "Board of Studies" means a Board of Studies constituted under section 37; (d) "Campus" means a campus of the Kokrajhar University in different geographical locations; (e) "Court" means the Court constituted under section 25; (f) "Department" means an academic department of the University and designated as such by it with reference to a subject or group of subjects of study in the University; (g) "Executive Council" and "Academic Council" means the Executive Council and the Academic Council constituted under sections 28 and 30, respectively; (h) "Faculty" means a Faculty of the University; (i) "Finance Committee" means the Finance Committee constituted under section 39; (j) "Governor" means the Governor of the State of Assam; (k) "Graduate" means a degree holder having a bonafide certificate from the University; (l) "Hall" means a unit maintained or recognised by the University in which provision is made for imparting tutorial and supplementary instructions, holding meetings, University functions, convocations, etc. (m) "Hostel" means a unit of residence for the students of the University maintained by the University in accordance with the provisions of this Act; (n) "Librarian" in relation to the University means a Librarian or any other person holding the post of Librarian, appointed or recognised by the University; (o) "Post-Graduate Board" and "Under-Graduate Board" means the Post-Graduate Board and Under-Graduate Board constituted under section 33 and 35 respectively; (p) "prescribed" means prescribed by the Statutes, Ordinance, Regulations or rules made thereunder; (q) "Principal" means the Head of an affiliated college; (r) "Selection Committee" means the Selection Committee constituted under section 41; (s) "State Government" means the Government of Assam; (t) "Statutes", "Ordinances", and "Regulations" mean the Statutes, Ordinances and Regulations, respectively, of the University made under this Act; (u) "Teachers" means Professors, Associate Professors or Assistant Professors of the University; (v) "University" means the Kokrajhar University constituted and established by upgrading the existing Kokrajhar Government Collegee into a University under this Act; (w) "University Laboratory" means a laboratory maintained or managed by the University, whether established by it or not; (x) "University Library" means a library maintained by the University whether instituted by it or not; (y) "University Professor", "Associate Professor", or "Assistant Professor" means a Professor, an Associate Professor, or an Assistant Professor for teaching and research in the university;
3. Legal Entity of the University
(1) The Chancellor, the Vice-Chancellor, the members of the Court, the Executive Council and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of "The Kokrajhar University". (2) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
4. Upgradation of the existing Kokrajhar Government College to University
From the commencement of this Act, the existing Kokrajhar Government College shall be deemed to have been upgraded to Kokrajhar University. All aspect of teaching and research shall be decided by the University.
5. Property of Kokrajhar Government College to be vested to the University
From the date of commencement of this Act, the existing property, land, buildings, and liquid assets of Kokrajhar Government College shall be transferred to the Kokrajhar University.
18. Academic Registrar
(1) The Academic Registrar shall be appointed by the Registrar on recommendation of the Executive Council. He shall be the Secretary of the Academic Council and shall be responsible for preparation of curriculum, syllabus and text books for different courses of the University. The term of the Academic registrar shall be for five years but may be reappointed if found eligible. (2) The Academic registrar shall support the Vice Chancellor and the registrar on all academic matters.
19. Dean of Students Welfare
The Executive Council shall appoint the Dean of Students Welfare from among the Professors or Associate Professors of the University.
20. Director of Open and Distance Learning
The Executive Council shall appoint the Director for the Directorate of Open and Distance Learning from among the Professors/Associate Professors of the University.
21. Directors
The Executive Council shall appoint Directors for different Multi or Inter-Disciplinary programmes.
22. Term of Deans and Directors
The term of the Deans and Directors of the University shall be of three years.
23. The Finance Officer
(1) The Finance Officer shall be a full-time salaried officer of the University and shall be appointed by the Executive Council on a full-term basis. (2) The Finance Officer shall exercise general supervision over the funds of the University and advice in regard to its financial policy. He shall be responsible for the preparation of the balance sheet at the end of each financial year. (3) Subject to the control of the Executive Council, he shall manage the investments of the University and be responsible for preparing and presenting the annual estimates and statements of accounts and for proper maintenance of the funds. (4) Subject to the powers of the Executive Council, the Finance Officer shall be responsible for ensuring that all money is expended for the purposes for which they are generated. (5) The Finance Officer shall exercise such other powers as may be prescribed by the Statutes and the Ordinances. (6) The officer shall be responsible for the auditing of accounts of the University at least once every year and at intervals of not more than fifteen months. The Accountant General, Assam, shall do the audit : Provided that the Chancellor may, on the recommendation of the Executive Council in the case of a casual vacancy, may ask the Registrar to perform the duties of Finance Officer.
24. Authorities of the University
The following shall be the authorities of the University:— (i) The Court; (ii) The Executive Council; (iii) The Academic Council; (iv) The Research Council; (v) The Post-Graduate Board; (vi) The Under-Graduate Board; (vii) The Boards of Studies; (viii) The Finance Committee; (ix) The Selection Committees; (x) Such other authorities as may be declared by the Statutes to be the authorities of the University.
25. The Court
(1) The Court shall constitute of the following members, namely:— (A) Ex-officio Member :— (i) The Chancellor; (ii) The Vice-Chancellor; (iii) The Minister of Education, Assam; (iv) The Registrar; (v) The Academic Registrar; (vi) The Controller of Examinations; (vii) The Finance Officer; (viii) All Deans of the University; (ix) All Directors of the University; (x) The Senior-most Secretary to the Government of Assam in the Higher Education Department; (xi) The Director of Higher Education, Assam; (xii) The Director of Technical Education, Assam; (xiii) The Director of Medical Education and Research, Assam; (xiv) The Director of Agriculture, Assam; (xv) The Director of Animal Husbandry and Veterinary, Assam; (xvi) The Vice-Chancellor of the Dibrugarh University; (xvii) The Vice-Chancellor of the Gauhati University; (xviii) The Director, Information and Technology, Electronics and Communication; (xix) Two members nominated by the Executive Council; (xx) One-third of the Principals of the Degree Colleges affiliated to the University, at a time, by election from amongst themselves and shall retire after every three years in the manner prescribed by the Statutes; (xxi) two Heads of the Academic Departments of Kokrajhar University (to be selected on the basis of seniority); (xxii) Director of Education, Bodoland Territorial Council (BTC). (B) Other Members:— (xxii) two persons distinguished in Literature, Law, Medicine, Science, Engineering, Technology, Commerce, Public life etc., nominated by the Chancellor; (xxiii) two members (one female) of the Kokrajhar University Alumni (to be nominated by the Chancellor). (xxiv) two representatives with good records to be elected by the Post-Graduate Students of the University from amongst themselves: Provided that a student to be elected must have been a student of the University for at least one year prior to his/her election. (xxv) two representatives from Assam Legislative Assembly to be selected by the Hon'ble Speaker. (2) Save as otherwise provided and except that ex-officio members and student members, all other members shall hold office for a period of three years from the date of their election or nomination, as the case may be: Provided that no person nominated or elected in his/her capacity as a member of a particular body or as holder of a particular appointment shall be a member after he/she ceases to be a member of that body or holder of that appointment, as the case may be: Provided further that any member elected or nominated under Clause (xxiv) shall hold office for a period of one year only from the date of his/her election or nomination, as the case may be. He/ She shall cease to be a member of the Court on his/her ceasing to be a student of the University. (3) When a person ceases to be a member of the Court, he/she shall cease to be a member of any of the authorities or committees of the University of which he/she may happen to be a member by virtue of the membership of the Court. (4) With the approval of the Court, the Vice Chancellor may remove an elected or selected member.
26. Meeting of the Court
The Court shall meet at least twice a year on a date or dates to be fixed by the Vice Chancellor. One such meeting shall be held in January and shall be called the Annual General Meeting. The Court may also meet at such times as it may, from time to time, determine.
27. Powers and Duties of the Court
Subject to the provisions of this Act, the Court shall have the following powers and duties, namely:— (i) to review, from time to time, the broad policies and programmes of the University and suggest measures for the improvements 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 consider the annual balance sheet prepared at the end of each financial year but not later than six months from the end of such financial year, along with the Receipts and Payment Account and Income and Expenditure Account, all of which should be in conformity with the existing accounting practices as notified from time to time by various oversight committees and the Government of Assam. These should be held up for review by the Finance Committee before it is placed for scrutiny by the Executive Council and then for approval by the Court. Such audit report, along with the audited financial statements, shall form part of the Annual Report of the University and shall be placed in the house of the Assam Legislative Assembly.
28. The Executive Council
(1) The Executive Council shall be the executive body of the University. It shall consist of the following members, namely:— (A) EX - OFFICIO MEMBERS :— (i) The Vice-Chancellor; (ii) The Registrar; (iii) Academic Registrar; (iv) Two Members of Assam Legislative Assembly; (v) The Director of Higher Education, Assam; (vi) The Director of Technical Education, Assam; (vii) The Director of Medical Education, Assam; (viii) The Director of Agriculture, Assam; (ix) The Director of Animal Husbandry & Veterinary, Assam; (x) One Principal of a Degree College affiliated with the University, at a time, selected by election from amongst themselves and shall retire after every three years in the manner as may be prescribed by the Statutes; (xi) Two Heads of Departments of the University who are Professors/Associate Professors, to be chosen by the Vice-Chancellor by rotation according to seniority for a period of two years; (xii) Two members to be elected by the Court from amongst its members at its Annual General Meeting other than employees and students of the University; (xiii) Director of Education, Bodoland Territorial Council (BTC); (xiv) Two teachers to be elected from amongst the teachers of the University. (B) OTHER MEMBERS:— (xiii) Two distinguished academicians of the district where the University is situated to be nominated by the Government; (xix) Two members (one female) from Kokrajhar Government College / Kokrajhar University Alumni (to be nominated by the Vice- Chancellor); (xv) One ‘Professor of Practice’ to be nominated by the Governor. (xvi) One successful entrepreneur to be nominated by the Governor. (2) 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 election or nomination, as the case may be: Provided that no person nominated or elected in his capacity as a member of a particular body or as a holder of a particular appointment shall be a member after he ceases to be a member of that body or holder of that appointment, as the case may be.
35. Section 35
(i) the Vice-Chancellor; (ii) three persons from among the Professors and the Heads of Departments of the University selected by the Academic Council; (iii) three Principals selected by the Academic Council from the affiliated colleges; (iv) three persons who may or may not be members of the Academic Council, nominated by the Vice-Chancellor; (v) ten persons to be elected from amongst the teachers of the affiliated Colleges; and (vi) one member of the Examination Committee to be nominated by the Vice-Chancellor.
36. Powers and Duties of the Under-Graduate Board
Subject to the provisions of this Act, the Statutes and the Ordinances, the Under Graduate Board shall have the following powers and duties, namely :— (i) to recommend to the Academic Council the pattern of Under Graduate courses, the examinations to be held for such courses, and their revision; (ii) to approve the curricula and syllabi for the Under Graduate courses and to modify them wherein necessary after considering the recommendations of Boards of Studies; (iii) to recommend to the Executive Council for the institution and award of fellowships, scholarships, prizes, honorary degrees and other awards or other academic distinctions and for the instituting and conferring of degrees, diplomas, titles, certificates and other academic distinctions in the Under Graduate courses on the basis of examinations and for the withdrawal of the same; (iv) to make recommendations to the Executive Council for the institution of Professorships, Associate Professorships, Assistant Professorships or other posts of teachers required for the Under Graduate Courses and for the recognition of persons as teachers of the University for such courses, and regarding their emoluments, duties and terms and conditions of their services; (v) to recommend to the Academic Council the conditions for the admission of students to Under Graduate courses and to make regulations for their attendance and progress; (vi) to make Regulations with regard to the residence and discipline of students in the departments and the affiliated colleges and Colleges or Institutions or Centres imparting the Under Graduate courses and for the promotion of their health and welfare; (vii) to make recommendations to the Executive Council regarding the allocation of funds to the Under-Graduate Departments and constituent College or Institutions or centers engaged in Under graduate courses or research; and to the libraries, laboratories, and museums established by the University; (viii) to review the works of the Under Graduate Departments and Colleges or Institutions or Centers engaged in Under graduate courses and research and to call for a report thereon and to take all steps necessary for the improvement of the standards of research and teaching and other affairs therein; (ix) to consider the measures suggested by the Academic Council on any matter affecting the academic work of the University and to express its views on them; to consider any matter referred to it by the Executive Council or the Academic Council and to submit reports thereon to the Executive Council or the Academic Council, as the case may be; (x) to approve the panels of the examiners for Under Graduate Examinations, with or without modifications, after considering the recommendations of the Boards of Studies and to modify the same at any time after consultation with the Boards of Studies concerned; (xi) to appoint committees and to fix their terms of reference in regard to any matter within the jurisdiction of the Under-Graduate Board.
37. Board of Studies
Every teaching Department and Centre shall have a Board of Studies which shall be the framing authority of all academic programmes and curricula of the respective department and centres. Each Board of Studies shall consist of the following members, namely:— (i) Head of the concerned Department or Director of the concerned centre of the University; - Chairman (ii) All the faculty members of the concerned department; - Member (iii) Three persons with qualifications in the Branch of Study elected by the Academic Council; - Member (iv) One Expert Consultant, not connected with the University nominated by the Chairman with the approval of the Vice-Chancellor; - Member (v) Subject to the prior approval of the Vice-Chancellor, the Board may consult other Expert or Experts, when necessary, on any matter within its field as Special Expert. - Member
42. Section 42
(ii) Such teachers of subjects assigned to the faculty as may be appointed to the faculty by the Academic Council; (iii) Such teachers of subjects not assigned to the faculty but have, in the opinion of the Academic Council, an important bearing on those subjects: Provided that a teacher so elected shall hold office for a period of two years from the date of his election; (iv) Such other persons as may be appointed to the faculty by the Academic Council on account of their possessing expert knowledge in a subject or subject assigned to the faculty.
43. Powers of Faculty
Subject to the provisions of this Act, each faculty shall have the following powers, namely:-(a) to constitute the Committees of Courses and Studies in Departments assigned to it; (b) to recommend to the Academic Council the courses of studies for the different examinations after consulting the Committees of Course and Studies; (c) to recommend to the Academic Council, after consulting the Committees of Courses and Studies, the names of the examiners in subjects assigned to the faculty; (d) to recommend to the Academic Council the conditions for the award of Degrees, Diplomas and other distinctions; (e) to encourage, subject to prior approval of the Academic Council, research in subjects assigned to the faculty; and (f) to deal with any other matter referred to it by the Academic Council.
44. Directors of Centre
(a) There shall be a Director of each Centre who shall be responsible for the due observance of the Statutes, Ordinances and Regulations relating to the Centre. He/She shall be the Executive Officer of the Centre and shall preside at its meeting. (b) The Director of Each Centre shall hold office for a period of three years and be appointed by the Executive Council from amongst the Professors/Associate Professors of the University
45. Students' Advisory Council
(1) There shall be a Students' Advisory Council which shall consist of the following members, namely:-(i) The Dean of Students' Welfare as the Chairperson; (ii) The Director/ Deputy Director of Students' Welfare as Ex-officio Treasurer (iii) President and Secretary of the University Teachers' Association; (iv) President, Vice-President and Secretary of the University Students' Union; (v) Principals of the Affiliated and constituent Colleges, if any; (vi) One student from each teaching Faculty of the University is to be elected as prescribed by the Statutes; (vii) Six students, one from each of the five activities mentioned below who have shown outstanding performances in the following activities, are to be nominated by the Vice Chancellor, namely:-(a) Sports; (b) National Service Schemes; (c) National Cadet Corps (d) Cultural activities; (e) Art and Literature; (f) Specially abled; (viii) four female students to be nominated by the Vice-Chancellor; (ix) the Director of Sports and Physical Education, if any; (x) the members of the Students' Advisory Council shall elect from amongst themselves the Secretary of the Council; (xi) two members (one female) from Kokrajhar University Alumni (to be nominated by the Vice-Chancellor). (2) The term of the members of the Students' Advisory Council other than ex-officio members shall be one year. (3) the quorum of a meeting of the Students' Advisory Council, the rules of procedures and conduct of business to be followed at a meeting, the period within which a meeting shall be called, and such other matters as may be prescribed by the statute: Provided that no student shall be eligible to be or continue to be a member of the Students' Advisory Council unless she/he is enrolled as a student. A student member shall cease to be such a member if he/she fails to pass at the next University Examination.
52. Regulations
(1) Subjects to the provisions of this Act, Statutes and Ordinances, each of the authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances for the purpose of carrying out the duties and for exercising the powers assigned to the authority concerned under this Act, the Statutes and the Ordinances. (2) Without prejudice to the generality of the preceding sub-section, such Regulations may provide for all or any of the following matters, namely: (i) number of members required to form a quorum; (ii) all matters which are required to be prescribed by the regulations under this Act, Statutes or the Ordinances; (iii) all matters solely concerning the authorities and not otherwise provided for by or under this Act, Statutes or Ordinances. (3) Notwithstanding anything contained in preceding sub-sections, the Executive Council may direct, except the Court, to make such amendments and annulments of any regulations framed by the authority in such manner as it may specify : Provided that any authority which is dissatisfied with such directions of the Executive Council may appeal to the Chancellor, and the decisions of the Chancellor given in the appeal shall be final.
53. Affiliation
After the commencement of this Act, any College or Institution applying for affiliation to the University shall satisfy the Executive Council,- (a) that the College shall be under the management of a duly constituted Governing Body, which shall include at least two representatives of the teaching staff of the College or Institution, as the case may be, including the Principal; (b) that the land and buildings of the College or Institution, as the case may be, and the equipment for teaching therein are adequate and suitable; (c) that the strength and qualification of the teaching staff are sufficient for the courses to be imparted in the College or Institution and that the tenure of the office of teaching staff is reasonable; (d) that adequate arrangement shall be made for the welfare, discipline and supervision of its students; (e) that the financial recourses of the College or Institution are adequate to make provisions for its continued maintenance and efficient working; (f) that the affiliation of the College or Institution shall not affect the educational facilities provided by other Colleges or Institutions in the same neighborhood.
54. Acts or Proceedings not to be invalid by reasons of certain irregularities
No Act or proceedings of the University or of any authority or Committee of the University shall be invalid merely by reasons of the existence of any vacancy or vacancies among its members or by reason of the invalidity of the election, nomination, appointment of any of its members or by reason of any irregularity in the manner of choosing a member.
55. Chancellor's decision to be final in certain matters
Whenever any question arises as to whether any person has been duly elected, appointed, chosen or nominated as, or is entitled to be, a member of any authority or Body of the University or whether any decision of any of the Authorities or of the Vice-Chancellor of the University is in conformity with this Act, the Statutes and the Ordinances, the question shall be referred to the Chancellor whose decision shall be final.
56. Delegation
Subject to the provisions of this Act, the Vice-Chancellor, and with the previous approval of the Vice- Chancellor, the Registrar may delegate any of her/his powers or duties conferred upon, imposed by or under this Act to an Officer under her/his direct administrative control.
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