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UNIVERSITY OF AGRICULTURAL SCIENCES (AMENDMENT) ACT, 1986

UNIVERSITY OF AGRICULTURAL SCIENCES (AMENDMENT) ACT, 1986

UNIVERSITY OF AGRICULTURAL SCIENCES (AMENDMENT) ACT, 1986

Preamble - UNIVERSITY OF AGRICULTURAL SCIENCES (AMENDMENT) ACT, 1986

THE UNIVERSITY OF AGRICULTURAL SCIENCES (AMENDMENT) ACT, 1986

[Act No. 14 of 1986]

[29th April, 1986]

PREAMBLE

An Act further to amend the University of Agricultural Sciences Act, 1963.

Whereas it is expedient further to amend the University of Agricultural Sciences Act, 1963 (Karnataka Act 22 of 1963) for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the Thirty-seventh Year of the Republic of India as follows:-

Section 1 - Short title and commencement

(1)     This Act may be called the University of Agricultural Sciences (Amendment) Act, 1986.

 

(2)     It shall come into force on such date as the State Government may, by notification, appoint.

Section 2 - Amendment of long title and preamble

In the University of Agricultural Sciences Act, 1963 (Karnataka Act 22 of 1963) (hereinafter referred to as the principal Act), for the words "a University", the word "Universities" shall be substituted.

Section 3 - Amendment of section 1

In sub-section (1) of section 1 of the principal Act, for the words "the University", the words "the Karnataka Universities" shall be substituted.

Section 4 - Amendment of section 1

In section 2 of the principal Act,-

(a)      after claue (1), the following claue shall be inserted, namely:-

"(1A) "Amendment Act" means the University of Agricultural Sciences (Amendment) Act, 1986;";

(b)      ?for clause (10), the following clause shall be substituted, namely.-

"(10) "University" means a University established and incorporated under section 3".

Section 5 - Amendment of Chapter II

In Chapter II of the principal Act, for the heading "THE UNIVERSITY", the heading "The UNIVERSITIES" shall be substituted.

Section 6 - Amendment of section 3

In section 3 of the principal Act,-

(1)     for the heading "Incorporation of the University", the heading "Establishment and Incorporation of the Universities" shall be substituted;

 

(2)     after sub-section (1), the following sub-section shall be inserted, namely:-

 

(3)     Notwithstanding anything contained in sub-section (1), on and from the date of the commencement of the Amendment Act,-

 

(a)      the University established under sub-section (1), shall cease to have territorial jurisdiction over the area comprising the Districts of Belgaum, Bellary, Bidar, Bijapur, Dharwad, Gulbarga, Raichur and Uttara Kannada, and shall be called as the University of Agricultural Sciences, Bangalore with headquarters at Bangalore; and

 

(b)      there shall be established a university of agricultural sciences called as the University of Agricultural Sciences, Dharwad having territorial jurisdiction over the area comprising the Districts of Belgaum, Bellary, Bidar, Bijapur, Dharwad, Gulbarga, Raichur and Uttara Kannada with headquarters at Dharwad, which shall consist of Chancellor, a Pro-Chancellor, a Vice-Chancellor, a Dean, a Board of Regents and an Academic Council.";

 

(4)     sub-section (5) shall be omitted.

Section 7 - Insertion of new section 7A

After section 6 of the principal Act, the following section shall be inserted, namely:-"7A. Transfer of certain colleges and institutions to the University of Agricultural Sciences, Dharwad.-(1) Notwithstanding anything contained in this Act on and from the date of the commencement of the Amendment Act,-

(a)      all colleges, attached hostels, other buildings together with the articles of furniture, libraries, books, laboratories, stores, instruments, apparatus, appliances and equipment and all other property both moveable and immoveable and research and other institutions owned and managed by the University referred to in sub-section (1) of section 3, prior to the commencement of the Amendment Act, situated within the territorial jurisdiction of the University of Agricultural Sciences, Dharwad shall along with all the properties, assets, liabilities and obligations stand transferred to and vest in the University of Agricultural Sciences, Dharwad:

Provided hat the State Government may grant to the University of Agricultural Sciences, Dharwad such additional development grant as it may deem fit for developing a campus at Dharwad.

(b)      ?any student who was studying for any examination of the University referred to in sub-section (1) of section 3, prior to the commencement of the Amendment Act, in the colleges transferred to the University of Agricultural Sciences, Dharwad, shall be permitted to complete his course in the University of Agricultural Sciences, Dharwad, which shall make arrangements for holding for such students examinations for such period as may be prescribed in accordance with the curricula of that University;

 

(c)      if the University referred to in sub-section (1) of section 3, has prior to the commencement of the Amendment Act held any examination the result of which have not been declared though the course requirements are conferred or issued or the results of any such examination have not been declared though the course requirements are completed then the University of Agricultural Sciences Bangalore may declare the results and confer the degree.

 

(d)      every teacher and other employee of the University referred to in sub-section (1) of section 3 and serving in or attached to any of the institutions situated within the territorial jurisdiction of the University of Agricultural Sciences, Dharwad, before the date of commencement of the Amendment Act, shall as from such date stand transferred to the appropriate cadre or category of pasts in the University of Agricultural Sciences Dharwad.

Provided that any teacher or other employee so transferred may within ninety days or within such further period not exceeding six months as the State Government may by order direct, from the date of commencement of Amendment Act apply to the State Government for transfer to the University of Agricultural Sciences, Bangalore and the decision of the State Government thereon shall be final;

(e)      any teacher or other employee of the University of Agricultural Sciences, Bangalore who desires to get transferred to the University of Agricultural Science, Dharwad may within ninety days or within such further period not exceeding six months as the State Government may by other direct, from the date of commencement of the Amendment Act, apply to the State Government for transfer to the University of Agricultural Sciences, Dharwad and decision of the State Government thereon shall be final;

 

(f)       the State Government may in consultation with the Vice-Chancellors of the University of Agricultural Sciences. Bangalore and the University of Agricultural Sciences, Dharwad, determine the excess teaching and other employees, if any, in these Universities and transfer the staff so in excess to the University of Agricultural Sciences, Bangalore or the University of Agricultural Sciences, Dharwad, as the case may be, after following such principles and procedure as it may consider appropriate."

Section 8 - Amendment of section 9

In section 9 of the principal Act, for clauses (8), (9) and (10), the following clause shall be substituted, namely:-

"(8) The Directors of Instruction".

Section 9 - Amendment of section 12

In section 12 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely:-

"(3A) Notwithstanding anything contained in sub-sections (2) and (3), the first Vice-Chancellor of the University of Agricultural Sciences, Dharwad shall be appointed by the Chancellor on the recommendation of the State Government".

Section 10 - Amendment of section 18

In sub-section (1) of section 18 of the principal Act, for the words "The Director of Instruction, Dharwad, the Director of Instruction, Veterinary College, Hebbal and the Director of Instruction, Agricultural College, Hebbal", the words "The Directors of Instruction" shall be substituted.

Section 11 - Amendment of section 27

In sub-section (3) of section 27 of the principal Act, for clauses (c), (d) and (e), the following clause shall be substituted, namely:-

"(c) The Directors of Instruction".

Section 12 - Insertion of new section 47A

After section 47 of the principal Act, the following section shall be inserted, namely:-"47A. Co-ordination committee.- 

(1)     As soon as may be after the commencement of the Amendment Act, the State Government shall constitute a co-ordination committee which shall consist of the following officers of each of the University, namely:-

 

(i)       Vice-Chancellor;

 

(ii)      Dean;

 

(iii)     Director of Research;

 

(iv)    Director of Extension;

 

(v)      RegistrarThe Vice-Chancellor and the Registrar of each University shall be appointed as the Chairman and the Secretary respectively of the committee for a period of one year by rotation.

(2)     The Committee shall discuss matters and make recommendations relating to agricultural education, research and extension education in the State and on any other academic matter.

 

(3)     The Vice-Chancellors shall take necessary action for implementation of the recommendations made by the committee".

Section 13 - Transitory provision relating to the University of Agricultural Science, Dharwad

Notwithstanding anything contained in the principal Act as amended by this Act,-

(a)      the Vice-Chancellor of the University of Agricultural Sciences, Dharwad may for a period of one year from the commencement of Amendment Act and subject to the provisions of the principal Act, as amended by Amendment Act, discharge all or any of the functions of the University for the purpose of carrying out the provisions of the principal Act as amended by Amendment Act and for that purpose may exercise power or perform all or any of the duties which by the principal Act are to be exercised or performed by any officer or authority of the University not being an officer or authority in existence at the time when such powers are exercised or such duties are performed;

 

(b)      until Statutes and Regulations are made by the University of Agricultural Sciences, Dharwad, the Statutes and Regulations applicable to the University of Agricultural Sciences, Bangalore as in force on the date of commencement of Amendment Act shall be deemed to be the Statutes and Regulations made under this Act by the University of Agricultural Sciences, Dharwad:

Provided that the Vice-Chancellor may with the approval of the Chancellor make such modifications and adaptations therein as he may consider necessary.

Section 14 - Removal of difficulties at the commencement of Amendment Act

If any difficulty arises in giving effect to the provisions of Amendment Act, the State Government may, by order published in the official Gazette, make such provisions as may appear to it necessary or expedient for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of Amendment Act.