(Madhya
Pradesh Act No. 4 of 2009) [10th February,
2009] [Received the
assent of the Governor on the 10th February, 2009; assent first published in
the "Madhya Pradesh Gazette (Extraordinary)", dated the 12th
February, 2009] An Act to
establish and incorporate an University for agriculture and allied sciences at
Gwalior to provide for education and prosecution of research hi agriculture and
allied sciences, extension and other matters ancillary thereto. Be it enacted by
the Madhya Pradesh Legislature in the Fifty-ninth year of the Republic of India
as follows :- CHAPTER
- I Preliminary This Act may be
called the Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya Adhiniyam, 2009. In this Act,
unless the context otherwise requires,- (a)
"Agriculture
science" means the basic and applied science of soil and water
management crop and livestock production; (b)
"College" means
a college of the University under the direct control and management of the
Board and the Principal Executive Officer of the University whether located at
the headquarters, campus-or elsewhere; (c)
"Extension" means
all educational programmes undertaken for the purpose of ascertaining the
Problems of research in agriculture and allied sciences, disseminating the
results of research and providing training for the purpose of such
dissemination; (d)
"Hostel" means
a unit of residence for students of the University provided, maintained or
recognized by it; (e)
"Other
Backward-Classes" means a member of the Other Backward Classes of
citizens as specified by the State Government vide notification No. F
85-XXV-4-84, dated the 26th December, 1984 and as amended from time to time; (f)
"Registered
Graduate" means a graduate registered under the Provisions of this
Act; (g)
"Scheduled
Castes" means the Scheduled Castes specified in relation to this
State under Article 341 of the Constitution; (h)
"Scheduled
Tribes" means the Scheduled Tribes specified in relation to this
State under Article 342 of the Constitution; (i)
"Statutes
and-Regulations" means respectively the Statutes arid Regulations of
the University in force for the time being; (j)
"Students of
the University" means a person enrolled in the University for taking
a course of study for a degree, diploma or other academic distinction duly
instituted; (k)
"Teacher of
the University" means a person appointed or recognized by the
University for the purpose of imparting instructions and / or conducting and
guiding research- and / or extension programmed and includes a person who, may
be declared by the Statutes to be a Teacher; (l)
"University" means
the Rajmata Vijaya Raje Scindia Agriculture University. CHAPTER
- II The University (1)
The Chancellor and
first Vice-Chancellor of the University and the first members of the Board and
of the Academic Council of the University and all persons who may hereafter
become such officers or members are, so long as they continue to hold such
office or membership, hereby constituted a body corporate by the name of the
Rajmata Vijaya Raje Scindia Agriculture University. (2)
The University
shall have perpetual succession and a common seal, and shall sue and be sued by
the said name. (3)
The headquarters
of the University shall be located at Gwalior, The University
shall, among others, have the following purposes :- (a)
making provision
for education in agriculture and other allied sciences; (b)
furthering the
prosecution of research, particularly in agriculture and other allied sciences; (c)
undertaking field
extension programmes; and (d)
such other
purposes related to the aforesaid with the object of improving the level of
living of rural people as the State Government may, by notification, direct. The University
shall have the following powers, namely :- (a)
to acquire and
hold property both movable and immovable, to lease, sell or otherwise transfer
any movable property vesting in or acquired by it for the purposes of the
University; (b)
to cultivate and
promote the study of and to provide for instruction, teaching and training in,. (i)
agriculture,
agricultural engineering, animal husbandry, rural industry and business, and
other allied sciences; and (ii)
such other
branches of learning as the University may deem fit; (a)
to make provision
for research and for the advancement and dissemination of knowledge in
agriculture and allied sciences and to institute and manage Agricultural and
Extension Service including Krishi Vigyan Kendras and rural youth programmes; (b)
to institute
degrees, diplomas and other academic distinctions; (c)
to maintain
colleges, schools of studies and hostels in the manner prescribed in the
Statutes; (d)
to institute
teaching research and extension posts required by the University and to appoint
persons to such posts; (e)
to determine
qualifications for and to recognize teachers as qualified to give instructions
in a college or to carry out research and extension work in agriculture and
allied sciences; (f)
to provide such
lectures and instructions for and to grant such diplomas to field workers and
other.persons, not being enrolled students of the University as the University
may determine; (g)
to set up
laboratories, libraries, agricultural research stations, museums, agricultural
farms, including breeding farms, poultry farms, fish farms and the like,
agricultural workshop and such other equipments as the University may consider
it necessary to set up in field of agriculture and allied sciences; (h)
to hold- examinations,
and to grant diplomas and confer degrees and other academic distinctions on
persons, who have pursued a course of study under the University; (i)
to confer degrees
and / or other academic distinctions on persons who have carried on independent
research under conditions prescribed in the Statutes; (j)
to confer honorary
degrees or other academic distinctions on approved persons, in the manner and
under conditions prescribed in the Statutes; (k)
to hold and manage
trusts and endowments and to institute and award fellowships (including
traveling fellowships), scholarships, exhibitions, bursaries, medals and other
rewards in accordance with conditions prescribed in the Statutes; (l)
to arrange for
inspection of colleges and. other branches of the University and to take
measures to ensure that proper standards of instruction, teaching or training,
research arid extension are maintained; (m)
to fix, demand and
receive payment of such fees and other charges as may be prescribed by the
Statutes; (n)
to supervise and
control the residence, conduct and-discipline of students of the University and
to make arrangements for promoting their health development and general
welfare; (o)
to create
administrative, ministerial and other necessary posts and to make appointments
thereto; (p)
to institute and
manage- (i)
Information
Bureau; (ii)
Printing and
Publication Department; and (iii) Employment Bureau: (q)
to make provision- (i)
for extra-mural,
teaching and research; (ii)
for physical and
military training; (iii) for sports and athletic activities; (r)
to co-operate with
other Universities and authorities in :such manner, to extent and for such
purposes as the University may determine; (s)
to do all such
other acts and things, whether incidental to the powers aforesaid or not as may
be requisite in order to further the objects of the University. (1)
Save as otherwise
provided in this Act, the powers conferred on the University by or under
this'Act, shall extend to the areas comprised within the limits of revenue
districts of Sheopur, Morena, Bhind, Gwalior, Shivpuri, Guna, Ashoknagar,
Datia, Dewas, Ratlam, Shajapur, Mandsaur, Neemuch, Ujjain, Indore, Dhar, Jhabua,
Alirajpur, Khargone, Blidwanv Khandwa, Burhanpur, BhopaU Sehore and Rajgarh. (2)
Notwithstanding
anything contained in any other law for the time being in force,, no college or
educational institution situated within the areas specified in sub-section (1)
imparting instructions in agriculture and other allied sciences for bachelors
degree and / or above, shall be associated in any way with or be admitted to
any privilege of any other University incorporated by law in India and any such
privilege granted by any such other University to any educational institution
within-those limits prior to the commencement of this Act,, shall be deemed to
be withdrawn on the commencement of this Act and such institution shall stand
affiliated to the University till the date they are transferred to the
University under (3)
The.research and
extension work undertaken or conducted by or on behalf of the Jawaharlal Nehru
Krishi Vishwavidyalaya in the field of agriculture and allied sciences within
the areas specified in sub-section (1) shall be coordinated with and integrated
into the activities of the University- (a)
with effect from
such date or dates as the State Government may, by notification, specify and
different dates may be specified for co-ordination and integration; (b)
and in such manner
and to such extent as may be determined by the State Government. (1)
The University,
shall have exclusive jurisdiction throughout the area specified in sub- section
(1) of Section 6 to provide for instruction, teaching and training in
agriculture and allied sciences and notwithstanding anything contained in the
law relating to incorporation of any other University in the State, no other
University shall be competent to provide for instruction, teaching and training
in agriculture and allied sciences. (2)
Notwithstanding
anything contained in this Act or Statutes and Regulations made thereunder any
student of the College of Agriculture, Gwalior, Indore, Sehore, Khandwa,
Ganjbasoda, College of Horticulture, Mandsaur and College of Veterinary Science
and Animal Husbandry, Mhow (Indore) who immediately prior to the date of coming
into force of this, Act was studying for or was eligible to appear in any
examination, as the case may be, in Agriculture and other allied Sciences of
the Jawaharlal Nehru Krishi Vishwavidyalaya, shall be permitted to complete his
course in preparation therefor, and the University shall provide for such
period not exceeding five years and in such manner as may be prescribed by the
Statutes for the instruction, teaching; training and examination of such
students in accordance with the course of studies of the Jawaharlal -Nehru
Krishi Vishwavidyalaya. Section [1][7A. New colleges to require
permission For establishment and affiliation (1)
Every
person desired of establishing any college for instructions, teaching and
training in Agriculture and allied Sciences within the jurisdiction of the
University shall make an application containing detail information to the State
Government or such authority as the State Government may, by order, specify,
for grant of permission to establish and administer or run such college. (2)
On
receipt of application, the State Government or the authority specified by it,
shall, after making such enquiry as it may deem fit, grant permission subject
to such terms and conditions, if any, as it may deem fit to impose. (3)
Every
college established after obtaining permission shall be affiliated to the
University and such college shall be admitted to the privileges of the
University under the provisions of the Act.] Notwithstanding
anything contained in this Act or Statutes and Regulations made hereunder- (i)
any student of a
college situated within the State and affiliated to any other University; or (ii)
any other student
who immediately prior to the date of the coming into force of this. Act was
studying or was eligible, as the case may be, for any examination in
agriculture and other allied sciences of such other University, shall be
permitted to complete his course in preparation therefor and the University
shall provide for such period not exceeding five years and in such manner as
may be prescribed by the Statutes for the instruction teaching, training and
examination of such students in accordance with the course of studies of such
other University. shall be permitted
to complete his course in preparation therefor and the University shall provide
for such period not exceeding five years and in such manner as may be
prescribed by the Statutes for the instruction teaching, training and
examination of such students in accordance with the course of studies of such
other University. It shall not be
lawful for the University to impose any test or condition whatsoever relating
to religion, caste, sex, place of birth or other opinion in order to entitle
any person- (a)
to hold any office
in the University; or (b)
to be a member of
any authority of the University; or (c)
to "be appointed
or admitted as a teacher; or (d)
to be admitted to
any degree, diploma or other academic distinctions or course of study or to
qualify for any degree, diploma or other academic distinction; or (e)
to enjoy or
exercise any privileges of the University or benefication thereof : Provided that the
University may subject to the previous sanction of the State Government,
maintain any college or institution exclusively for women either for education,
instruction or residence, or reserve for women or members of Scheduled Castes:
or Scheduled Tribes or of Other Backward Classes and communities which are
educationally backward, seats for the purposes of admission as students in any
college or institution maintained or controlled by the University: Provided further
that nothing in this section shall be deemed to require the University to admit
to any course of study students larger in number than, or with academic or
other qualifications lower than those prescribed in the Statutes : Provided also that
nothing in this section shall, be deemed to prevent the University from
exempting indigent persons belonging to the Scheduled Pastes or Scheduled
Tribes or to any Other Backward Classes or communities which are socially and
educationally backward from attending courses of study or from the fees levied
in whole or in part for attending such courses. Explanation. -
A person shall, for the purposes of this proviso, be deemed to be
an "indigent person" if the annual income of such person or
his guardian (where such person is for his livelihood and education dependent
upon, such guardiar) is less than such amount as may be specified by the State
Government, by notification, in this behalf. (1)
All recognized
teaching in connection with the University courses shall be conducted by the
teachers of the University in accordance with such scheme as may be framed, for
each academic year by this Academic Council and shall include lecturing,
tutorial classes, laboratory work, field work and other teaching conducted in
accordance with the course of study prescribed by the Regulations. (2)
The authorities
responsible for organizing such teaching and the maximum number of students
that shall be admitted to a course shall be prescribed by the Statutes. (3)
The courses and
curricula shall be prescribed by the Regulations. (1)
The State
Government shall have the right to cause an inspection to he made such person
as it may direct, of the University generally and other matters particularly
such as its buildings, laboratories, libraries, museums, Agricultural Research
Stations and farms, workshops and equipments and of any college or hostel,
maintained by the University, of the teaching and other work conducted by the
University or any college or institution and of the conduct of examinations
held by the University and to cause an inquiry to be made of any matter
connected with the University: Provided that the
State Government shall, in every case, give notice to the University of its
intention to cause an inspection or inquiry to be made, and the University
shall be entitled to be represented thereat. (2)
Such person shall
report to the State Government, the result of such inspection or inquiry, and
the State Government shall communicate to the Board his views with reference to
the results of such inspection or inquiry and the Board shall thereupon
communicate its view to the Chancellor, who may advise the University upon the
action to be taken, if any. (3)
Where the Board
does not, within a reasonable time,, take action to the-satisfaction of the
Chancellor, the Chancellor may, after considering any explanation furnished or
representation made by the Board, issue such directions as he may think fit,
and the Board shall comply therewith. (4)
The report of the
inspection and of the directions issued by the Chancellor as a result of such
inspection or inquiry shall be laid on the table of the Legislative Assembly. CHAPTER
- III Officers of the University The following
shall be the officers of the University, namely :- (a)
the Chancellor; (b)
the
vice-Chancellor; (c)
the Registrar;- (d)
the Comptroller; (e)
the Deans of the
Faculties; (f)
the Director of
Research Services; (g)
the Director of
Extension Services; (h)
the Director of
Instructions and Student Welfare; (i)
the Deans of the
Colleges; (j)
such other
officers in the service of the University as may be declared by the Statutes to
be officers of the University. The Governor of
Madhya Pradesh shall be the Chancellor of the University, he shall, by virtue
of his office, be the Head of the University and shall, when present, preside
at any convocation of the University. (1)
The Chancellor
may- (a)
call, for any
papers for information relating to the affairs of the University: (b)
and for reasons to
be recorded, refer any matter except a matter falling under section 43, for
reconsideration to any officer or authority of the University that has
previously considered such matter. (2)
The Chancellor may
by an order in writing, annul any proceedings of any officer or authority of
the University which is not in conformity with the Act, the Statutes or the
Regulation : Provided that
before making any such order he shall call upon the officer or authority
concerned to show cause why such an order should not be made and if any cause
is shown within the time specified by him in this behalf, he shall consider the
same. (3)
Every proposal to
confer an honorary degree shall be subject to the confirmation of the
Chancellor. (4)
The Chancellor
shall exercise such powers as may be conferred on him by or under this Act. (1)
The
Vice-Chancellor shall be appointed by the Chancellor from a panel of not less
than three persons recommended by me committee constituted under sub-section
(2) : Provided that if
the Chancellor does not approve of any of the persons so recommended or the
person or persons approved by the Chancellor out of those recommended by such
committee are not willing to accept the appointment, the Chancellor may call
for fresh recommendations from such committee : Provided further
that the first Vice-Chancel for shall be directly appointed by the Chancellor. (2)
The Chancellor
shall appoint a committee consisting of the following persons, namely :- (i)
one person elected
by the Board from amongst persons not employed by or on behalf of the
University or a college; (ii)
one person
nominated by the Chancellor; and (iii) one person nominated by- the State
Government. The Chancellor
shall appoint one of the three-persons to be the Chairman of the Committee. (3)
The Chancellor
shall constitute the committee under sub-section (2) before the expiry of the
term of the Vice-Chancellor, call upon the Board and the State-Government to
choose their nominees and if any one of them or both fail to do so within one
month of the receipt of the Chancellor's communication in this regard, the
Chancellor may nominate any one or two persons, as the case may be, not
employed by or on behalf of the University, or college and the persons so
nominated shall be deemed to be the persons elected or nominated by the Board
or the State Government, as the case may be. (4)
The Committee
shall submit the panel within six weeks from the date of its constitution or
such further time not exceeding four weeks as may be extended by the
Chancellor. (5)
If the Committee
shall to submit the panel within the period specified in sub-section (4), the
Chancellor may appoint any person whom he deems fit to be the Vice-Chancellor. (6)
The
Vice-Chancellor shall hold office-for a term, of five years from the date on
which he enters upon his office or until he attains the age of 65 years,
whichever is earlier, and shall be eligible for re-appointment : Provided that
notwithstanding the expiry of his term, he shall continue in office until his.
successor is appointed and enters upon his office, but this period shall not
exceed six months. (7)
In the event of
occurrence of any vacancy in the office of Vice-Chancellor, by reason of his
death, resignation or otherwise, a Dean of Faculty nominated by the Chancellor
shall act as Vice-Chancel for until the date on which a new Vice-Chancellor,
appointed under sub-section (1) to fill such vacancy enters upon his office : Provided that the
person so nominated shall not hold office for a period of more than six months. (8)
Where any
temporary vacancy in the office of Vice-Chancellor occurs by reasons of leave,
illness or other cause, the Chancellor shall, as soon as possible, make such
arrangements for carrying on the office of the Vice-Chancellor as he may think
fit. (9)
Until the
nomination has made under sub-section (7) or arrangements have been made under
sub-section (8), the Registrar and if no Registrar has been appointed or if
there be vacancy in the office of the Registrar for any reason whatsoever, such
officer of the University as the Chancellor may direct, shall carry on the
current duties of the Vice-Chancellor. (10)
All acts done by
the person appointed under sub-section (8) or by the Registrar under
sub-section (9) or by the officer directed by the Chancellor under sub-section
(9) to carry on the current duties of the Vice-Chancellor shall be deemed to be
acts done by the Vice-Chancellor. The emoluments and
conditions of service of the Vice-Chancellor shall be such as may be prescribed
by Statutes but shall not be varied to his disadvantage after his appointment. (1)
The
Vice-Chancellor shall be the principal executive and academic officer of the
University, and shall, in the absence of the Chancellor preside at any
convocation of the University, and he shall be an ex-officio member and
Chairman of the Board and of the Academic Council and Chairman of such other authorities
of the University of which he is a member and he shall be entitled to be
present and to speak at any meeting of any authority or other body of the
University but shall not be entitled to vote thereat unless he is member of the
authority or body concerned. (2)
It shall be the
duty of the Vice-Chancellor to ensure that this Act, the Statutes and the
Regulations are faithfully observed and he shall have all powers necessary for
this purpose. (3)
The
Vice-Chancellor shall have power to convene meetings of the Board and the
Academic Council. (4)
In any emergency
which in the opinion of the Vice-Chancellor requires that immediate action
should be taken, the Vice-Chancellor shall take such action as he deems
necessary and shall at the earliest opportunity thereafter report his action to
such officer, authority or body as would have in the ordinary course dealt with
the matter : Provided that the
action taken by the Vice-Chancellor shall not commit the University to any
recurring expenditure for a period of more than three months. (5)
When action taken
by the Vice-Chancellor under sub-section (4) affects any person in the service
of the University, such person shall-be entitled to prefer an appeal to the
Board through the officer, authority or body mentioned in the said sub-section
within thirty days from the date on which such action-is communicated to him. (6)
The action taken
by the Vice-Chancellor shall be deemed to be the action taken by the
appropriate authority until it is set aside by such officer, authority or body
after considering the report made by the Vice-Chancellor under sub-section (4)
or is modified or set aside by the Board under sub-section (5). (7)
The
Vice-Chancellor shall exercise general control over the affairs of the
University and shall give effect of the decisions of the authorities of the
University. (8)
The
Vice-Chancellor shall exercise such other powers as may be prescribed by the
Statutes and Regulations. (1)
If at any time
upon representation made or otherwise and after making such inquires-as may be
deemed necessary, it appears to the Chancellor that the Vice-Chancellor ? (i)
has made default
in performing any duty imposed on him by or under this Act ; or (ii)
has acted in a
manner prejudicial to the interest of the University; or (iii) is incapable of managing the affairs of the
University, the Chancellor may, notwithstanding the fact that the term of
office of the Vice-Chancellor has not expired, by an order in writing stating
the reasons therein, requires the Vice-Chancellor to relinquish his office as
from such date as may be specified in the order. (2)
No order under
sub-section (1) shall be passed unless the particulars of the grounds on which
such action is proposed to be taken are communicated to the Vice-Chancellor and
he is given a reasonable opportunity of showing cause against the proposed
order. (3)
As from the date
specified in the order under sub-section (1) the Vice-Chancellor shall be
deemed to have relinquished office and the office of the Vice-Chancellor shall
fall vacant. (1)
The Comptroller
shall be a whole time salaried officer of the University, and he shall be
appointed by the Vice-Chancellor in accordance with the Statutes to be made in
this behalf and his emoluments and conditions of service shall be such as may
be prescribed by the Statutes. (2)
Where any vacancy
in the office of the Comptroller occurs by reason of leave, illness or any
other cause, the Vice-Chancellor shall make arrangements as he deems fit, to
carry on the current duties of the Comptroller. (3)
The Comptroller
shall- (a)
exercise general
supervision over the funds of the University and shall advise the Board in
regard to its financial policy; (b)
subject to the
control of the Board, manage the property and investment of the University; (c)
be responsible for
seeing that all moneys are expended on the purpose for which they are granted
or allotted and. no expenditure not authorized in the budget, is incurred by
the University: (d)
exercise such
other powers as may be conferred on him by the Statutes. The Registrar
shall be whole-time salaried officer and shall act as the Secretary of the
Board and of the Academic Council and he shall be appointed by the
Vice-Chancellor with the prior approval of the Board in accordance with the
Statutes to be made in this behalf and his emoluments and conditions of service
shall be such as may be prescribed by the Statutes and he shall exercise such
powers and perform such duties as may be conferred or imposed on him by the Statutes
and the Regulations. (1)
There shall be a
Director of Research Services, Director of Extension Services and Director of
Instructions and Student Welfare who shall be whole-time salaried officers of
the University appointed by the Vice-Chancellor with the prior approval of the
Board in accordance with the Statutes made in this behalf. (2)
The emoluments and
conditions of service of the officers appointed under sub-section (1) shall be
such as may be prescribed by the Statutes. (3)
The Director of
Research Services, the Director of Extension Services and the Director of
Instructions and Student Welfare shall exercise such powers and perform such
duties as may be conferred or imposed on them by the Statutes. The appointment of
other officers of the University referred to in CHAPTER
- IV Authorities of the University The following
shall be the authorities of the University :- (i)
the Co-ordination
Council; (ii)
the Board; (iii) the Academic Council; (iv)
the Faculties; and (v)
such other
authorities as may be declared by the Statutes to be the authorities of the
University - There shall be a
council for co-ordinating the activities of the agricultural Universities in
the State, and the council shall be constituted by an order of the State
Government and shall comprise of the following : (i) The minister in charge of Agriculture, Government of
Madhya Pradesh Chairman (ii) Agriculture Production Commissioner Member (iii) Vice-Chancellors of Agriculture Universities Member (iv) Director of Extension and Director of Research of
respective Universities. Member (v) All Deans of Faculties of Agricultural Universities Member (vi) Secretaries of the Government of Madhya Pradesh in the
Department of Farmer Welfare and Agriculture Development, Fisheries, Animal
Husbandry, Tribal Welfare and Finance. Member (vii) Registrars of the. respective Universities. Member (viii) Comptrollers of the respective Universities. Member (ix) A representative of the Indian Council of Agriculture
Research to be nominated by the Director General Member (1)
The coordination
council shall meet twice in a calendar, year and at such intervals as may be
determined by the coordination council. (2)
One third members
of the Coordination Council-shall form quorum. (3)
The Secretary to
the Government of Madhya Pradesh, Farmer Welfare and Agriculture Development
Department shall be the convener. (4)
Any of the members
of the Coordination Council may send items for inclusion in the agenda to the
convener. Subject to the
provisions of this Act, the Coordination Council shall exercise the following
powers and perform the following duties, namely :- (i)
to act as an
advisory body in all matters relating to the agricultural university; (ii)
to review the
broad policies of agricultural Universities and to suggest measures for their
improvement and development of such universities; (iii) to act as coordinating body between
agricultural universities established in the State by law; (iv)
to exercise such
other powers and perform such other duties as may be notified by the State
Government. (1)
The Chancellor,
shall constitute the Board within two months of the establishment of the
University. (2)
The Board shall
consist of the following persons, namely:- Ex-officio members (i)
the
Vice-Chancellor- Chairman; (ii)
the Secretary to
Government of Madhya Pradesh (a)
Farmer Welfare and
Agriculture Development Department; (b)
Finance
Department, or an officer not below the rank of Deputy Secretary of above
departments designated/nominated by the concerning Secretary; Members nominated by the Chancellor,- (iii) two eminent agriculturist with background of
agricultural research or education; (iv)
two progressive
farmers from the State who shall not be the members of any political party or
its body; (v)
one outstanding
woman social worker having background of rural advancement; (vi)
one eminent
Veterinary or Animal Husbandry scientist with experience of veterinary or
Animal Husbandry research or education; Members nominated by the State
Government,- (vii) a distinguished industrialist or manufacturer
having -special knowledge in agricultural development; (viii) one eminent engineer preferably with
agricultural engineering background; Members elected by the State
Legislative Assembly,- (ix)
three members from
amongst members of the State Legislative Assembly to be elected by the State
Legislative Assembly; Other member - (x)
one representative
of Indian Council of Agricultural Research to be nominated by the Director
General of that Council. (3)
The Registrar
shall be the non-member Secretary of the Board. (4)
The term of office
of members of the Board other than Ex-officio members shall be three years : Provided that the
member of the Board elected under item (ix) of sub-section (1) shall cease to
hold office as such member if he ceases to be a member of the Legislative
Assembly. (5)
No actor
proceeding of the Board shall be invalid merely on the ground of existence of
any vacancy in, or defect in the constitution of the Board. (6)
The members of the
Board shall receive such travelling and daily allowance as may be prescribed by
Statutes. (1)
The Board shall
meet as often as may be considered necessary on such dates as may be fixed by
the Vice-Chancellor : Provided that a
period of three months shall, as far as may be, not intervene between the last
sitting of the Board and, the date fixed for its first sitting in the next
meeting. (2)
A meeting of the
Board fixed by the Vice-Chancellor under sub-section (1) normally shall not be
cancelled or postponed, but the Vice-Chancellor may, for sufficient cause,
postpone the meeting to any date not later than fifteen days from the date
originally fixed originally. (3)
The
Vice-Chancellor shall upon a requisition, in writing, signed by not less than
five members of the Board, convene a special meeting of the Board within twenty
one days of the receipt of such requisition. (4)
When a date has
been fixed for the meeting of the Board by the Vice-Chancellor under
sub-section (1) or sub-section (3), the Registrar shall give ten clear days'
notice, in writing, to the members of the Board of such a meeting. (5)
The quorum for
every meeting of the Board shall be six. The Board shall be
executive authority of the University and shall, subject to such conditions as
may be prescribed by or under the provisions of this Act and the Statutes,
exercise the following powers and. perform the following duties, namely:- (i)
to approve and
sanction the budget of the University; (ii)
to consider the
annual accounts and the annual financial estimates placed before it by the
Vice-Chancellor and pass them with such modification as it may deem fit; (iii) to lay before the State Government annually a
full statement of the financial requirement of all branches of the University; (iv)
to make provision
for instruction, teaching and training in such branches of learning and courses
of study, as it may think fit, for research and for the advancement and
dissemination of knowledge; (v)
to provide for the
establishment and maintenance of colleges, departments, hostels and
institutions of research and specialized studies and to manage them; (vi)
to organize and
make provision for laboratories, libraries, agricultural research stations,
museums, agricultural farms including breeding farms, poultry farms, fish farms
and the like agricultural workshops and such other equipments as the University
may consider it necessary to organize and provide for in the field of
agriculture and allied science; (vii) to institute Agricultural Rural Life Research
and Extension service; (viii) to make provision for, - (a)
(i) extra-mural
teaching and research; and (ii)
University extension activities; (b)
physical and
military training; (c)
sports and
athletic activities; and (d)
students union and
their welfare (ix)
to make provision
for the control of admission, conduct and discipline of the students of the
University and to make arrangements for promoting their health and general
welfare; (x)
to institute and
confer degrees, diplomas and other academic distinctions; (xi)
to recommend the
conferment of honorary degrees and other academic distinction in the manner
prescribed by Statutes; (xii) to provide for the institution, maintenance
and award of fellowships, scholarships, studentships, exhibitions and medals; (xiii) to approve the schedule of fees and other
charges as may be prescribed by the Statutes upon recommendation of the
Vice-Chancellor; (xiv) to make, amend or repeal Statutes; (xv)
to consider and
cancel, modify or refer back, Regulations; (xvi) to determine the form: of provide for the
custody and regulate the use of the common seal of the University; (xvii) to hold, control and administer the property
and funds of the University; (xviii) to transfer any movable or immovable property
on behalf of the University subject to the provisions of the Act and the
Statutes; (xix) to accept on behalf of the" University
trusts, bequests, donations and transfers of movable and immovable property to
the University; (xx)
to enter into,
vary, carry out and cancel contracts on behalf of the. University in the
exercise of powers conferred oh it by this Act and the Statutes; (xxi) to make provisions for building, premises,
furniture, apparatus, books and other means needed for carrying on the work of
the University; (xxii) save as otherwise provided by this Act, or
the Statutes, to approve the appointments of officers (other than the
Vice-Chancellor), teachers and other servants of the University, to define
their duties and conditions of their service and to provide for the filling of
temporary vacancies in their posts; (xxiii) to institute,- (a)
a Printing and
Publication Department; (b)
an Information
Bureau; and (c)
an Employment
Bureau; (xxiv) to approve such teaching posts as may be
proposed by the Academic Council with the approval of the State Government; (xxv)to abolish or suspend, after report from the
Academic Council thereon any teaching post in the University with the approval
of-the State Government; (xxvi) to lay down scales of salaries and conditions
of the employment of member of the staff in the various branches of the
University and to ensure the observance of the same; (xxvii) to delegate by regulation any of its powers
to the Vice-Chancellor, the Registrar or such other officer of University or a
Committee appointed by it as it may deem fit; (xxviii) to exercise such other powers and perform
such other duties not inconsistent with the provisions of this Act or Statutes
as may be necessary for carrying out the purposes of this Act. (1)
The Academic
Council shall be in charge of the academic affairs of the University and shall
consist of the following members, namely:- (i)
the Vice-Chancellor; (ii)
the Director of
Research Services; (iii) the Director of Extension Services; (iv)
the Director of
Instructions and Student Welfare; (v)
the Dean of
Faculties: (vi)
one teacher from
each faculty of the University to be elected from amongst themselves in the
manner prescribed by Statutes: (vii) two persons, not being employees of the
University co-opted by the Academic Council for their special knowledge in
subject recognized by the University. (2)
Not less than half
of the number of members of the Academic Council for the time, being shall form
a quorum : Provided that the
quorum shall not any time be less than four. (3)
The Academic
Council shall have power to co-opt as members two persons having special
knowledge or experience in the subject, matter of any particular business,
which may come before the Academic Council for consideration and the members so
co-opted shall have all the rights of the members of the Academic Council in
regard to the transaction of the business in relation to which they may be
co-opted. (4)
All members of the
Academic Council other than Ex-officio members and members referred to in
sub-section (3) shall hold office for a term of three years. The Academic
Council, (a)
shall, subject to
the provisions of this Act and. the Statutes, generally regulate and have the
control of, and be responsible for, the maintenance of standard of teaching,
research and examination of the University and for the fulfillment of
recruitment's for obtaining degrees; (b)
shall advise the
Board and other authorities of the University on all academic matters; (c)
shall exercise
such other powers and perform such other duties as may be conferred or imposed
upon it by, or under this Act. (1)
The University
shall have such Faculties as may be prescribed by the Statutes. (2)
Each Faculty shall
consist of such members and shall have such powers and perform such duties as
may be prescribed by the Statutes. (3)
There, shall be a
Dean for each Faculty who shall be appointed by the Vice- Chancellor in such
manner and for such period as may be prescribed by the Statutes. (1)
Each Faculty shall
comprise of such Department of Study as may be prescribed by the Statutes. (2)
There shall be a
Head of the Department for each Department of Study. (3)
The
Vice-Chancellor shall nominate one of the Professors as Head of the Department
and if there is no Professor, the Dean of the Faculty shall act as the Head of
such Department until a duly qualified person is available. (4)
The terms and
conditions of appointment, duties and functions of the Head of the Department
shall be prescribed by the Statutes. The constitution,
powers and duties of such other authorities as may be declared by the Statutes
to be the authorities of the University shall be provided for in the manner
prescribed by the Statutes. (1)
The University
shall establish and/or maintain a Central or Stale Agricultural Research
Station with appropriate regional and other sub-stations for conducting
research, both fundamental and applied, in all faculties within its territorial
jurisdiction. (2)
The University
shall also establish an Agricultural Rural Life and Extension Service which
shall, subject to the provisions of this-Act and the Statutes, make available
useful information to the farmers and house wives to help them, solve their
problems and take all necessary measures, for developing in young people
interest in agriculture and rural life. CHAPTER
- V University Fund etc. (1)
The University
shall establish a fund to be called the University Fund. (2)
The following
shall form part of or be paid into, the University Fund :- (a)
any loan,
contribution or grant by Central or State Government or any body corporate; (b)
the income of the
University from all sources including income from fees and charges; (c)
trusts, bequests,
donations, endowments and other grants, if any; (d)
all other sums
received by the University. (3)
The University
Fund shall be kept in any Scheduled Bank as defined in the Reserve Bank of
India Act, 1934 (No. 2 of 1934), or such other Bank as may be approved by the
Reserve Bank of India or invested in securities authorised by the Indian Trust
Act, 1882 (No. 2 of 1882), at the discretion of the Board. (4)
Nothing in this
section shall in any way affect any obligations accepted by or imposed upon the
University by any declaration of trust executed by or on behalf of the
University for the administration of any trust. The University
Fund shall be applicable to the following objects: - (a)
to the repayment
of debts incurred by the University for the purposes of this Act and the
Statutes and the Regulations made thereunder; (b)
to the expenses of
any suit or proceedings to which the University is a party; (c)
to the payment of
the salaries and allowances of the officers and servants of the University,
members of the teaching staff and the establishment employed in the colleges
and the department of University for and in furtherance of the purposes of this
Act and the Statutes, and the Regulations made thereunder and to the payment of
pension or any Provident Fund contribution to any such officers and servants,
members of the teaching staff or the members of such establishments; (d)
to the payment of
the travelling and other allowances of the members of the Board and the
Academic Council and any other authority of the University or the members of
any Committee appointed by any of the authorities of the University in
pursuance of any provision of the Act and the Statutes and the Regulation made
thereunder; (e)
to the payment of
fellowships, scholarships, studentships and other awards to students; (f)
to the upkeep of
colleges departments, residences and hostels established by the University; (g)
to the payment of
the cost of audit of the University Fund; (h)
to the payment of
any expense incurred by. the University in carrying out the provisions of this
Act, and the Statutes and the Regulations made thereunder; and (i)
to the payment of
any other expense, not specified in any of the preceding clauses declared by
the Board to be the expense for the purpose of the University. CHAPTER
- VI Statutes and Regulations Subject to the
provisions of this Act, the Statutes may provide for all or any of the
following matters, namely :- (i)
the constitution,
powers and duties of authorities of the University; (ii)
the manner of election
or appointment and term of office of the members of the authorities referred to
in clause (i)T including the continuance or retirement in the
office of the first members, and filling of vacancies of members and all other
matters relating to those bodies for which it may be necessary or desirable to
provide; (iii) allowances payable to the members of the
Board; (iv)
emoluments and
conditions of service of the Vice-Chancellor and his powers; (v)
appointment of
Comptroller, Registrar, Dean of Faculties, Director of Research Services,
Director of Extension Services, Director of Instructions and Student Welfare
and other officers of the University, their powers and duties and the
emolument, terms and conditions of their service; (vi)
the contribution
of a pension or provident fund and the establishment of an insurance scheme for
the benefit of the officers, teachers and other employees of the University; (vii) the holding of convocation to confer degrees; (viii) conferment of honorary degrees and other
academic distinctions; (ix)
the withdrawal of
degrees, diplomas, certificates and other academic distinctions; (x)
the establishment,
amalgamation, sub-division and abolition of Faculties; (xi)
the establishment
and abolition of departments of teaching in Faculties; (xii) the establishment and abolition of hostels
maintained by the University; (xiii) qualifications, classification and mode of
appointment of teachers of the University; (xiv) the administration of endowments, and the
institution and conditions of award of fellowships, scholarships, studentships,
exhibitions, bursaries, medals, prizes/ and other award; (xv)
the maintenance of
a register of registered graduates; (xvi) the admission of students of the University
and their enrollment and continuance, as such; (xvii) the fees that may be charged by the
University for any purpose; (xviii) the courses of study to be laid down for all
degrees, diplomas and certificates of the University; (xix) the degrees, diplomas, certificates and other
academic distinctions to be awarded by the University, the qualifications- for
the same, and the steps to be taken relating, to the granting and obtaining of
the same; (xx)
laying down
conditions for conferral of degrees and other academic distinctions for
research; (xxi) the maintenance of discipline among the
students of the University; (xxii) the conditions of residence of the students
of the University and the levy of fees for residence in hostels; (xxiii) the recognition and management of hostels not
maintained by the University; (xxiv) the special arrangements, if any, which may
be made for the residence, discipline and teaching of women students, and
prescribing for them special courses of study; (xxv)the management of colleges and other
institutions founded or maintained by the University; (xxvi) constitution of a Selection Committee for
appointment of teachers; (xxvii) number, qualifications and conditions of
appointment including pay scales and other emoluments of teachers of the
University; (xxvii) the duties of teachers of the University; (xxviii) the date on or before which the annual report
shall be submitted to the Board; (xxix) the mode of execution of contracts or
agreements by or on behalf of the University; (xxx)all other matters which by this Act are to be
or may be provided for by the Statutes. (1)
The first Statutes
with regard to matters set out in (2)
The Board may from
time to time make new or additional Statutes and may amend or repeal the
Statutes in the manner hereinafter in this section provided. (3)
The Academic
Council may propose to the Board the draft of any new Statute or amendment of
any existing Statutes to be passed by the Board and such draft shall be
considered by the Board at its next meeting : Provided that the
Academic Council shall not propose the draft of any Statutes or of any
amendment of a Statute affecting the status, power or constitution of any
existing authority of the University until such authority has been given an
opportunity to express its opinion upon the proposal and any opinion so
expressed shall be considered by the Board. (4)
The Board may
approve any such draft as is referred to in sub-section (3) and pass
the-Statute or reject it or return it to the Academic Council for
reconsideration, either in whole or in part, together with any amendments which
it may suggest. (5)
Any member of the
Board may propose to the Board, the draft of any new Statute or amendment to
existing Statute and the Board may either accept or reject the proposal, if it
relates to a matter not falling within the purview of the Academic Council, and
in case such draft relates to a matter within the purview of the Academic
Council, the Board shall refer it for consideration to the Academic Council,
which may either report to the Board that it does not approve the proposal,
which shall then be deemed to have been rejected by the Board, or submit the
draft to the Board in such form as the Academic Council may approve, and the
provisions of this section shall apply in the case of a draft so submitted as
they apply in the case of a draft proposed to the Board by the Academic Council: (6)
A new Statute or
addition to the Statutes or any amendment or repeal of a Statute shall require
the previous approval of the Chancellor who may sanction, disallow or remit it
for further-consideration. (1)
The authorities
and other bodies of the University may make Regulations consistent with this
Act and the Statutes for:- (a)
laying down the
number of members required to form a quorum and the procedure to be observed at
the meeting; (b)
providing for all
matters which by this Act, and the Statutes are to be provided for by the
Regulations; and (c)
providing for any
other matters solely concerning such authorities and bodies and not provided
for by this Act and the Statutes. (2)
Every authority of
the University shall make regulations providing for the giving of notice to the
members of such authority of the dates of meetings and of the business to be
considered at meetings and for the keeping of a record of the proceedings of
meetings. (3)
The Board may
direct the amendment, in such manner as it may specify, or any Regulations made
under this section on the annulment of any Regulations made under sub-section
(I) by any authority of the University. (4)
The Academic
Council may, subject to the provisions of the Statutes, make Regulations,
providing for course of study for the various examinations and degrees of the
University after receiving drafts of the same from the Faculty concerned. (5)
The Academic
Council may either approve or reject or alter the draft received from the
Faculty or return it to the Faculty for further consideration together with its
own suggestions. CHAPTER
- VII Annual Reports and Accounts etc. The annual report
of the University shall be prepared under the direction, of the Vice-Chancellor
and shall be submitted to the Chancellor and the State Government and shall be
placed before the State Legislature. (1)
The annual
accounts and balance sheet of the University shall be prepared by the
Comptroller under the direction of the Vice-Chancellor and all moneys accruing
to or received by the University from whatever sources and all amounts
disbursed or paid shall be entered in the accounts. (2)
The annual
accounts and balance sheet shall be submitted by the Board to the State
Government which shall cause an audit to be carried out by such person as it
may direct. (3)
The accounts when
audited shall be printed and copies thereof shall, together with the copies of
the Audit Report, be submitted by the Vice-Chancellor to the Board, which shall
forward them to the State Government with such comments as may be deemed
necessary and audit report with comments of the Board shall be placed before
the State Legislature. CHAPTER
- VIII Supplementary Provisions If any question
arises regarding the interpretation of any provision of this Act or of any
statute, or regulation or as to whether any person has been duly elected or
appointed as, or is entitled to be a member of any authority or other body of
the University, the matter shall be referred to the Chancellor whose decision
thereon shall be final: Provided that
before taking any such decision the Chancellor shall give the person or persons
affected thereby reasonable opportunity of being heard. Explanation. -
In this Section, the expression "body" includes any
committee constituted by or under this Act Where any
authority of the University is given power by this Act or the Statutes to
appoint committees, such committees shall, save as otherwise provided, consist
of members of the authority concerned and of such other persons, if any, as the
authority in each case may think fit. Save as otherwise
provided in this Act, all casual vacancies among the members other than
ex-officio members of any authority or other body of the University shall be
filled, as soon as convenient by the person or body who appointed, elected or
co-opted the member whose place has become vacant, and the person appointed,
elected or co-opted to a casual vacancy shall be a member of such authority or
body for the residue of the term for which the person whose place he fills
would have been a member. No act of the
University or any authority or other body thereof shall be invalid merely by
reason of - (a)
any vacancy in, or
defect in the constitution of; or (b)
any defect in the
election, nomination or appointment of a person acting as a member thereof; or (c)
any irregularity
in its procedure not affecting the merits of the case. Section 47. Conditions of
services. - (1)
Every salaried
officer and teacher of the University shall be appointed under a written Conditions
of contract which shall be lodged with the Vice-Chancellor and a copy thereof
shall be furnished to services, the officer or teacher concerned. (2)
No such officer or
teacher as is referred to in sub-section (1) shall be offered nor shall he
accept any remuneration for any work in or outside the University except as may
be provided by the Statutes. (3)
Any dispute
arising out of n contract, between the University and any of its officers or
teachers shall, at the request of officer or the teacher concerned or at the
instance of the University be referred by the Chancellor to a Tribunal of
arbitration consisting of one member appointed by the Board, one nominated by
the officer, or-teacher concerned and. an umpire appointed by the Chancellor,
and the decision of the Tribunal shall be final and no suit shall lie in any
civil court in respect of the matters decided by the Tribunal. (4)
Every request
under sub-section (3) shall be deemed to be submission to arbitration upon the
terms of this Section within the meaning of the Arbitration and Conciliation
Act, 1996 (No. 26 of 1996) and all the provisions of that Act shall apply
accordingly. (1)
University shall
constitute for the benefit of its officers, teachers, clerical staff and
employees in such, manner and subject to such conditions as may be prescribed
by the Statutes such pension, insurance and provident fund as it may deem fit. (2)
Where any such
provident fund has been so constituted, the Chancellor may declare that the provisions
of the Provident Fund Act, 1925 (No. 19 of 1925), shall apply to such fund as
if it were a Government Provident Fund. All acts and
orders in good faith done and passed by University shall be final and no suit
shall be instituted or damage claimed for anything done or committed in
pursuance of the Act, Statutes and Regulations. (1)
The first
Vice-Chancellor shall be directly appointed by the Chancellor in consultation
with the State Government as soon as practicable after the commencement of this
Act for a period not exceeding eighteen months. (2)
The first
Vice-Chancellor shall have the following powers, namely : - (a)
with the previous approval
of the Chancellor to make additional Statutes to provide for any matter not
provided for by the First Statutes; (b)
with the previous
approval of the Chancellor to constitute pro visional authorities and bodies
and on their recommendations to make rules providing for conduct of the work of
the University; (c)
subject to the
control of the Chancellor to make such financial arrangements and to incur such
expenditure as may be necessary to enable this Act or any part thereof to be
brought into operation; (d)
with the sanction
of the Chancellor to make such appointments as' may be necessary to enable this
Act or any part thereof to brought into operation; (e)
with the previous
sanction of the Chancellor to appoint committees, as he may think fit, to
discharge such of his functions, as he may direct; and (f)
generally to
exercise all or any of the powers conferred on the Board by this Act or the
Statutes. (3)
Any order passed
by the Vice-Chancellor in exercise of the powers conferred by items (b), (d)
and (e) of sub-section (2) shall continue to have effect until it is modified
or set aside by the authority or body competent to deal with it in accordance
with the provisions of this Act. No person shall be
appointed by the Board as a salaried teacher of the University except on the
recommendation of a selection committee constituted for the purpose in
accordance with the provisions of the Statutes. The payment of
salaries to the teachers of the University shall be in accordance with the
scales fixed by Statute-with prior approval of the State Government. (1)
Whenever any
person becomes a member of any authority by virtue of the office held by him he
shall forthwith cease to be a member of such authority if he ceases to hold
such office before the expiry of the term of his membership : Provided that he
shall not be deemed to have ceased to hold his office merely by reason of his
proceeding on leave for a period not exceeding four months. (2)
Whenever any
person becomes a member of any authority, as a representative of another body,
whether of this University or not, he shall cease to be a member of such
authority, if before the expiry of his term he cease to be a member of the body
by which he was nominated, appointed or elected. (1)
Any member, other
than an ex-officio member of the Board, Academic Council or any other
University Authority or Council or any Dean of a Faculty, may resign by letter
addressed to the Registrar, and the resignation shall take effect as soon as
the letter is received by the Registrar. (2)
Any officer of the
University whether salaried or otherwise other than a Dean, may resign his
office by letter addressed to the Registrar and such resignation shall take
effect from the date on which the same is accepted by the authority competent
to fill the vacancy or automatically on the expiry of the three months from the
date of the receipt of resignation by the Registrar whichever is earlier. The Chancellor may
on the request of the Board remove any person from the membership of any
authority including the Board, of the University on the ground that such person
has been convicted of any offence involving moral turpitude : Provided that no
order" for removal shall be passed against any person without giving him
an opportunity of being heard : Provided further
that nothing in this Section shall apply where the person concerned is a member
in his capacity as a member of the Legislative Assembly of the State. (1)
If any difficulty
arises in giving effect to the provisions of this Act, the State Government
may, by order published in Gazette, make such provisions not inconsistent with
the provisions of this Act as may appears to be necessary for removing the
difficulties : Provided that no
order shall be made under this Section after the expiry of two years from the
commencement of this Act. (2)
Every order under
this Section shall be laid, as soon as may be after it is made, on the table of
the Legislative Assembly. (1)
As from such date
as the State Government may, by notification, specify in this behalf all
constituent colleges of the Jawaharlal Nehru Krishi Vishwavidyalaya situated in
the areas specified in sub-section (1) of Section 6 imparting instruction in
Agriculture, Horticulture, Veterinary Science and Animal Husbandry or any other
allied subjects for bachelors degree or higher and all research stations within
those areas which are operated for carrying put research in agriculture and
allied sciences together with lands, hostels and other buildings, furniture,
library books, laboratories, stores, instruments, apparatus, appliances and
equipments and livestock belonging to such colleges and stations and the budget
programme made for them shall be transferred to and vest in the University. (2)
On and from the
date of transfer of any college or research station under sub-section (1) the
following consequences shall ensue, namely : - (a)
the employees of
the Jawaharlal Nehru Krishi Vishwavidyalaya- (i)
who were working
in or were attached to the colleges or research stations situated within the
jurisdiction of the University on the said date; or (ii)
who but for their
temporary absence from such colleges or research stations on account of any
cause would have been working in or remained attached thereto on the said date;
or (iii) except the employees who have been recruited
against the separate cadre posts, created in College of Horticulture, Mandsaur,
College of Agriculture, Tikamgarh and Ganjbasoda and College of Veterinary
Science and Animal Husbandry, Rewa, who opt for transfer to the--University and
are permitted by the Committee constituted by the State Government for the
purpose within a period of six months or a. period as extended by the State
Government, shall become the employees of the University and shall be
thereafter be governed by the terms and conditions governing the services under
the University : Provided that the
terms and conditions offered by the University to such employees consequent
upon their absorption in the service of the University shall not be less
favourable than those applicable to such employees prior to the said date; (b)
any right,
privilege, obligation or liability acquired accrued or incurred by the
Jawaharlal Nehru Krishi Vishwavidyalaya in respect of the college or research
station, as the case may be, shall be deemed to be the right, privilege
obligation or liability acquired, accrued or incurred by the University; (c)
any contract
entered into by the Jawaharlal Nehru Krishi Vishwavidyalaya in respect of the
college or research station, as the case may be, shall be deemed to be contract
entered into by the University. (3)
Nothing in this
section shall be deemed to authorize the University to sell, lease, exchange,
or otherwise dispose of any land or building of any college or research
station, transferred to the University under sub-section (1) except with the
prior concurrence of the State Government. (1)
If the State
Government is satisfied that owing to maladministration or financial
mismanagement in the University a situation has arisen whereby financial
stability of University has become insecure, it may, by a notification, declare
that the finances of the University shall be subject to the control of the
State Government. (2)
Every notification
issued under sub-section (1) shall, in the first instance, remain in-operation
for a period of one year form the date specified in the notification and the
State Government may, from time to time, by a like notification, extend the
period of operation by such further period as it may think fit, provided that
the total period of operation does not exceed three years. (3)
During the period
the notification issued under sub-section (1) remains in operation, the
executive authority of the State Government shall extended to the giving of
directions to the said University to observe such canons of financial propriety
as may be specified in the direction and to the giving of such other directions
as the State Government may deem necessary and adequate for the purpose. (4)
Notwithstanding
anything contained in this Act, any such directions may include : (i)
a provision
requiring the submission of the budget to the State Government for sanction; (ii)
a provision
requiring the University to submit every proposal involving financial
implications to the State Government for sanction; (iii) a provision requiring the submissions of
every proposal for revision of scales of pay and rates of allowances of the
officers, teachers and other persons employed, by the University to the State
Government for sanction; (iv)
a provision
requiring the reduction of salaries and allowances of all or any class of
persons employed by University; (v)
a provision'
requiring the reduction in the number of officers, teachers and other persons
employed by University; (vi)
a provision
requiring the lowering down of scales of pay and rates of allowances; (vii) a provision in regard to such other matters
as may have the effect of reducing the financial strength on the University. (5)
Notwithstanding
anything contained in this Act, it shall be binding on every authority of the
University and every officer of the University to give effect to the direction
given under this section. (6)
Every officer of
the University shall be personally liable for misapplication of any fund or
property of the University as a result of non-compliance of the direction given
under this section to which he shall have been a party or which shall have
happened through or been facilitated by gross neglect of his duty as such
officer, and the loss so incurred shall, on a certificate issued by the
Secretary to Government Madhya Pradesh. Farmer's Welfare and Agriculture
Development Department, be recovered from such officer as an arrear of land
revenue : Provided that no
action to recover the amount of loss as an arrear of land revenue shall be
taken until reasonable opportunity has been given to the person concerned to
furnish an. explanation and such explanation has been considered by the State
Government. (1)
If the State
Government on receipt of a report or otherwise, is satisfied that a situation
has arisen in which the administration of the University cannot carried out in
accordance with the provisions of the Act, without detriment to the interests
of the University, and it is expedient in the interest of the University so to
do, it may by notification for reasons to be mentioned therein, direct that the
provisions of sub-section (2), (3), (4) and (5) shall, as from the date
specified in the notification (hereinafter in this section referred to as the
appointed date), apply to the University. (2)
The notification
issued under sub-section (1) (hereinafter referred to as the notification)
shall remain in operation for a period of one year from the appointed date and
the State Government may, from time to time, extend the period by such further
period as it may think fit so however that the total period of operation of the
notification does not exceed three years. (3)
As from the
appointed date the Vice-Chancellor, holding office immediately before the
appointed date, shall notwithstanding that the term of office has not expired
vacate his office, and the Chancellor shall immediately after the issue of the
notification appointed the Vice-Chancellor who shall hold, office during the
period of operation of the notification ; Provided that the
Vice-Chancellor shall be appointed by the Chancellor in consultation with the
State Government and may be, removed by the Chancellor in the like manner : Provided further
that the Vice-Chancellor may notwithstanding the expiration of the period of
operation of the notification, continue to hold office thereafter until his
successor enters upon office but this period shall not exceed one year. (4)
As from the
appointed date the following consequences shall ensue, namely :- (i)
every person
holding office as a member of the Board or the Academic Council, as the case
may be, immediately before the appointed date shall cease to hold that office; (ii)
until the Board or
Academic Council, as the case may be, is reconstituted, Vice-Chancellor
appointed under sub-section (3) shall exercise the powers and perform the duties
conferred or imposed by or under this Act, on the Board or Academic Council: Provided that the
Chancellor may, if he considers it necessary so to do, appoint a Committee
consisting of an educationist, and administrative expert and a financial expert
to assist the Vice-Chancellor so appointed in exercise of such powers and
performance of such duties (5)
Before the
expiration of the period of operation of the notification or immediately as
early as practicable, thereafter, the Vice-Chancellor shall take steps to
constitute the Board and Academic Council in accordance with the provisions of
the Act, and the Board and Academic Council as so constituted shall begin to
function on the date immediately following the date of expiry of the period of
operation of the notification or the date on which the respective bodies are so
constituted whichever is later : Provided that if
the Board and Academic Council are not constituted before the expiration of the
period of operation of the notification, the Vice-Chancellor shall on such
expiration, exercise the powers of each of these authorities subject to prior
approval of the Chancellor till the Board or Academic Council, as the case may
be, is to constituted. Notwithstanding
anything contained in the Jawaharlal Nehru Krishi Vishwavidyalaya Adhiniyam,
1963 (No. 12 of 1963), the Jawaharlal Nehru Krishi Vishwavidyalaya shall cease
its territorial jurisdiction on the area enumerated in section 6 of this Act. (1)
The Gwalior Krishi
Vishwavidyalaya Adhyadesh, 2008 (No. 4 of 2008) is hereby repealed. (2)
Notwithstanding
the repeal of the said Ordinance, anything done or any action taken under the
said Ordinance shall be deemed to have been done or taken under the co-
responding provision of this Act.Rajmata Vijaya Raje Scindia
Krishi Vishwavidyalaya Adhiniyam, 2009
Section 4. Objects of
University
Section 5
Section 6. Territorial
jurisdiction
Section 7. University to
have exclusive jurisdiction to provide for instruction, and teaching etc.
agriculture in allied sciences
Section 8. Completion of
courses of Students in Colleges affiliated to other University in State
Section 9. University open
to all irrespective of religion, caste, sex, place of birth or opinion
Section 42. Accounts and
audit
Section 43. Disputes as to
constitution of University Authorities and Bodies
Section 44. constitution of
committee
Section 45. Filling of
casual vacancies
Section 46. Vacancy etc.
not to invalidate proceedings
Section 48. Pension and
provident fund
Section 49. Protection of
acts and orders
Section 60. Overriding
effect regarding territorial jurisdiction
Section 61. Repeal and
Saving