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Majuli University of Culture Act, 2017

(Assam Act No. 37 of 2017)

Last Updated 12th February, 2020 [ass319]

Preamble

Chapter-I

Preliminary

(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 on 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 the Majuli University of Culture established under this Act.

Chapter-II

The University

(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 spheres 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.

(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 the 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, lecturerships and any other teaching and research posts required by the University and to appoint persons to such professorships, readerships, lecturerships 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.

Chapter-III

The Chancellor and Officers of the University

(i) the 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 be Officers of the University.

(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.

(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.

(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 the 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 audit that all the registers, records and documents are property preserved for presentation before the audit;

(q) place statement of accounts at such intervals as specified by the Board and the Vice-Chancellor;

(r) bring serious irregularities, if any, in financial transactions of the University to the notice of the Board through the Vice-Chancellor;

(s) render such assistance to the Registrar as may be required in management of assets and investments and scrutiny of the contracts and agreements; and

(t) perform such other functions as may, from time-to-time, be assigned to him by the Vice-Chancellor.

Chapter-IV

The Authorities

(a) the Academic Council;

(b) the Board;

(c) the Faculties,

(d) the Board of Studies;

(e) such other: authorities as maybe declared from time-to-time by the Statutes to be authorities of the University.

(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;

(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 qualifications of teachers;

(i) prescribing the norms for the up-gradation 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 thereon to the Board; and

(o) to exercise such other powers and perform such other functions as maybe prescribed by the Statutes.

(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 seiner 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, Asom Sahitya Sabha;

(j) the Registrar;

(k) the Finance and Accounts Officer; and (1) the Controller of Examinations.

(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 of ficer 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.

(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.

Chapter- V

Promotion of Literary, Visual and Performing Arts

(a) Awardees of the National Sahitya 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.

(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.

Chapter-VI

Finance and Accounts

(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.

Chapter-VII

Statutes, Regulations and Rules

(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 sendee, 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 sendees 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.

(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 rule 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.

Chapter-VIII

Miscellaneous

(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.