Himachal pradesh act 006 of 1986 2 : Dr. Yashwant Singh Parmar University of Horticulture and Forestry Solan Act, 1985

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Dr. Yashwant Singh Parmar University of Horticulture and Forestry Solan Act, 1985.

(2) It extends to the whole of the State of Himaclial Pradesh.

(3) It shall be deemed to have come into force on the First day of December, 1985.

Section 2. Definitions

2. Definitions.- In this Act, unless the context otherwise requires,-

(a) "Academic Council" means the Academic Council of the University;

(b) "Act" means the Dr. Yashwant Singh Parmar University of Horticulture and Forestry Solan Act, 1985;

(c) "allied sciences" include mushroom growing, sericulture, apiculture, hops and other basic and applied sciences connected with horticulture and forestry.

(d) "appointed day" means the day appointed under sub-section (3), of section 1 for the commencement of this Act;

(e) "authority" means any authority of the University as specified in section 9 of the Act;

(f) "Board" means the Board of Management of the University as constituted under section 10;

(g) "Board of studies" means a Board consisting of Heads of Departments of a college under the Chairmanship of the Dean;

(h) "Chancellor" means the Chancellor of the University;

(i) "college" means a constituent 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 head-quarers, campus or elsewhere;

(j) "Dean" means of been of the college,

(k) "extension" means the educational activities concerned with the training of orchardists, farmers and other groups serving horticulture, forestry and allied sciences in improved horticultural and forestry practises and the various phases of scientific technology refuted to horticulture and horticultural and forestry production including post-harvest technology and marketing;

(l) "faculty" means the teaching, research and extension staff of the University, including all members of the staff having the rank of the Assistant Professor and above;

(m) "forestry" means basic and applied sciences concerning silviculture, tree breeding, farm forestry, conservation of ecology of the biosphere, wild life, medicinal and aromatic plants and their products;

(n) "Government" or "State Government" means the Government of the State of Himachal Pradesh;

(o) "Governor" means the Governor of the State of Himachal Pradesh;

(p) "horticulture" means the basic and applied science of fruits, vegetables, landscaping, floriculture, plantation crops, spices, horticulture technology including post-harvest technology and marketing of horticultural produce;

(q) "Horticultural Complex" means the existing Solan Agricultural Complex, its college and shall include all other horticultural and forestry research stations, institutions and activities located in different places in Himachal Pradesh as mentioned in Schdule-I and at such other places as may be notified by the Government from time to time;

(r) "hotel" means a place of residence for students of the University maintained or recognised by the University either as a part of or separate from a college;

(s) "Officer" means an officer of the University as specified in section 17 of the Act;

(t) "prescribed" means prescribed by the Statutes and regulations made under the Act;

(u) "Regulations" means the rules and procedures established for the operation and functioning of authorities as specified in section 9 of the Act, and may include the provisions made by the Academic Council relating to the establishment and maintenance of academic standards of the University as well as provisions established by the competent authority of the University for the conduct of staff, students and other employees of the University and for conducting the ordinary routine business of the University. These may include provisions relating to the service conditions of employees;

(v) "Statutes" means the Statutes of the University governing matters of policy and procedure as set forth in section 53 of the Act;

(w) "scheduled castes" means the scheduled castes specified in Part VI of the Schedule to the Constitution (Scheduled Castes) Order, 1950, and/or notified by the Government;

(x) "scheduled tribes" means the scheduled tribes specified in Part V of the Scheduled to the Constitution (Scheduled Tribes) Order, 1950, and/or notified by the Government;

(y) "student of the University" means the person enrolled in the University for taking a course of study in the University, for a degree, diploma or other academic distinction duly instituted;

(z) "teacher" means a person appointed under section 35 of the Act for the purpose of imparting instruction and/or conducting and guiding research and/or extension programme and may include any other person who may be declared by the Statutes to be a teacher on such terms and conditions as may be prescribed by the Hoard;

(aza) "university" means the Dr. Yashwant Singh Parmar University of Horticulture and Forestry Solan as constituted Under the Act; and

(zb) "Vice-Chancellor" means the Vice-Chancellor of the University.

Section 3. Establishment and incorporation of the University

3. Establishment and incorporation of the University.- (1) There shall be constituted in the State of Himachal Pradesh a University by the name of the "Dr. Yashwant Singh Parmar University of Horticulture and Forestry Solan."

(2) The first Chancellor, the first Vice-Chancellor, the first members of the Board of Management and the Academic Council and other authorities and officers as setforth in this Act or as provided in the Statutes and all persons who may hereafter become such officers or members or authority so long as they continue to hold such office or memberships, shall constitute a body corporate by the name of the University specified in sub-section (1).

(3) The University shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the said name.

(4) The University shall be competent to acquire and hold property, both movable and immovable by way of purchase, lease and exchange or otherwise, and to sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it forth purpose of the University, and to borrow moneys from the Central Government, state Government or from any corporate body approved by the State Government and to contract and do all things necessary for the purpose of this Act:

Provided that no immovable property of the University shall, except with the prior approval of the Government, be transferred by the Board of Management, by way of sale, lease, mortgage and gift only, nor shall any money be borrowed or advances be taken on the security thereof.

(5) The headquarters of the University shall be at Oachghat Solan-The University may also establish an office at the seat of the Government.

Section 4. Territorial Jurisdiction

4. Territorial Jurisdiction.- (1) With respect to teaching at the University or college level, research and extension education programme in the field of horticulture and forestry as broadly defined in this Act, the territorial jurisdiction and responsibility of the University shall extend to the entire State of Himachal Pradesh.

(2) The University may assume responsibility for the maintenance of horticulture, forestry, apiculture, sericulture and mushroom training centres and research and experimental stations and for the programmes of training of field extension workers therein and for the establishment, development, and operation of horticultural and forestry polytechnies as may be required in various parts of the State.

(3) All colleges, all research and experimental stations, and other institutions coming under the jurisdiction and authority of the Horticultural Complex, shall become constituent units of the University under the full management and control of the University officers and authorities. No unit shall be recognised as affiliated unit.

(4) Notwithstanding anything in any other law for the time being in force, no educational institutions situated within, the State and run by the Himanchal Pradesh Krishi Vishva Vidyalaya, imparting instructions in horticulture and forestry as defined by the Act for Bachelor's degree and above, shall be associated in any way with or be admitted to any privilege of any other University incorporated by law in India and such privilege granted by any such other University to any educational institution within the State prior to the appointed day, shall be deemed to be withdrawn on the commencement of the Act,

(5) The University shall have exclusive jurisdiction throughout the whole State to provide for teaching, research and extension education in horticulture and forestry as defined in the Act, and notwithstanding anything contained in the law relating to incorporation of any other University in the Stale, no other University, shall be competent to provide for teaching, research and extension education in horticulture and forestry in the State.

(6) No University other than the University incorporated under this Act shall be competent to award any degree for research in horticulture and forestry carried on in the State unless registered for such degree before the establishment of the University.

(7) The University may have collaboration in research projects with other Universities having multi-disciplinary approach, central and State institutions.

(8) On the establishment of the University under this Act in the State, the assets and liabilities of the Himachal Pradesh Krishi Vishva Vidyalaya pertaining to its Solan Agricultural Complex shall stand transferred to and shall vest in such University.

Section 5. Objects of University

5. Objects of University.- The University shall be deemed to be established and incorporated for the following purposes, namely:-

(1) making provision for imparting education in horticulture, forestry and other allied branches of learning and scholarship, which the University may find necessary to include;

(2) furthering the advancement of learning and prosecution of research, bath basic and applied, particularly in horticulture, forestry and other allied sciences;

(3) undertaking the extension of such sciences specially to the rural people of the State; and

(4) such other purposes as the University may from time to time determine.

Section 6. Admission to the Universities

6. Admission to the Universities.- (1) The University shall, subject to the provisions of this Act, and the Statutes, be open to all persons:

Provided that nothing in this section shall-

(a) require the University to admit to any course of study any person who does not meet the prescribed academic standards for admission to or to retain on the rolls of the University persons whose ??? records are below the minimum standards required for the award of a degree or whose personal conduct is such as to be prejudicial to the purposes of the University or to the rights and privileges of other students and staff.

(b) be deemed to require the University to admit to any course of study a larger number of students than can be accommodated in the teaching, research and extension programme of the University or in any particular college or department as determined by the Academic Council.

(2) Subject to the foregoing provisions, the University shall, according to the decision of the Board, reserve seats in colleges for scheduled castes and scheduled tribes, provided that no such person shall be entitled to be admitted to the University unless he meets the standards for admission laid down by the University in respect of such candidates.

Section 7. Powers and functions of the University

7. Powers and functions of the University.- The University shall have the following powers and functions, namely:-

(1) to provide for instructions in horticulture and forestry as broadly defined, and any other allied branches of learning as the University may deem fit;

(2) to provide for conduct of research in horticulture and forestry and allied branches of learning;

(3) to provide for dissemination of the findings of research and technical information through an extension education programme;

(4) to institute degrees, diplomas, certificates and other academic distinctions;

(5) to institute courses of study and hold examinations and confer degrees, diplomas, certificates and other academic distinctions on persons who have:-

(a) pursued a course of study as prescribed, or

(b) carried out research in the University or institution recognised in this behalf by the University, as may be prescribed;

(6) to confer honorary degrees and other distinctions as may be preser bed;

(7) to provide lectures and instructions for field workers, orchardists, farmers, village leaders and other persons not enrolled as regular students of the University and to grant certificates to them as may be prescribed;

(8) to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine, subject to the limitations set forth in section 4 of this Act;

(9) to maintain colleges relating to horticulture, forestry and allied sciences;

(10) to maintain laboratories, libraries, research stations and institutions and museums for teaching, research and extension, education;

(11) to inslitute teaching, research and extension education post and to make appointments thereto;

(12) to create administrative, ministerial and other posts and to make appointments thereto;

(13) to institute and award fellowships, scholarships and prizes in accordance with the Statutes;

(14) to institute and maintain residential accommodation for students and staff of the University;

(15) to fix, demand and receive such fees and other charges as may be prescribed;

(16) to supervise and control the residence, conduct and discipline of the students of University and to make arrangements for promoting their health and welfare.

(17) to determine qualifications for teachers and to, recognise persons as qualified to give instructions in a college or to carry out research and extension education in horticulture, forestry and allied sciences; and

(18) to do all such acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the object of the University.

Section 8. Visitation and inspection

8. Visitation and inspection.- (1) The Chancellor shall have the right to cause an inspection, to be made by such person(s) as he may direct, of the University, its buildings, laboratories, libraries, museums, workshops and equipment and any institution, college or hostel maintained or administered by the University of the teaching and other work conducted by the University or under its ??? and of the conduct of any other functions of the University, and to cause an inquiry to be made in respect of any matter connected with administration and finances of the University.

(2) The Chancellor shall, in every case, give due notice to the University of his intention to cause an inspection or inquiry to be made and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.

(3) The Chancellor, shall communicate to the University the results of such inspection or inquiry, and may, after as certaining the opinion thereon of the University, advise the University upon the action to be taken and fix a time limit for taking such action.

(4) The University shall, within the time limit so fixed, report to the Chancellor the action which has been taken or is proposed to be taken on the advice tendered by the Chancellor.

(5) The Chancellor may, where action has not been taken by the University to the satisfaction of the Chancellor within the time limit fixed and after considering any explanation furnished or representation made by the University, issue such directions as the Chancellor may think fit and the University shall comply with such directions.

(6) Notwithstanding anything contained in the preceding sub-sections of this section, if at any time the Chancellor is of the opinion that the affairs of the University are not managed in furtherence of the objects of the University, or in accordance with the provisions of the Act, and the statutory regulations or the special measures desirable to maintain the standards of University teaching, examination, research or extension, he may indicate to the University any matter in regard to which he desires an explanation, and call upon the University to offer such explanation within such time as may be specified by the Chancellor. If the University fails to offer any explanation within the time specified or offers an explanation which, in the opinion of the Chancellor, is unsatisfactory, the Chancellor may issue such instructions as appear to him to be necessary and desirable in the circumstances of the case and may exercise such powers as he may consider necessary for giving effect to these instructions.

(7) The University shall furnish such information relating to the administration of the University as the Chancellor may require.

Section 9. Authorities

9. Authorities.- The following shall be the authorities of the University namely:-

(i) the Board of Management;

(ii) the Academic Council;

(iii) the Board of Studies; and

(iv) such other bodies of the University as may be declared by the Statutes to be the authorities of the University.

Section 10. Constitution of the Board of Management

10. Constitution of the Board of Management.- (1) The Chancellor shall, as soon as may be after the first Vice-Chancellor is appointed under section 19, take action to constitute the Board of Management.

(2) The Board shall consist of the following, namely:-

Ex-Officio members:

(i) the Vice-Chancellor;

(ii) the Vice-Chancellor of the Himachal Pradesh Krishi Vishva Vidyalaya;

(iii) the Agricultural Production Commissioner to the Government;

(iv) the Secretary (Finance) to the Government; and

(v) three Heads of Government Departments of Horticulture, Forests and Agriculture;

Other members:

(vi) two eminent scientists, one in horticulture and the other in forestry, to be nominated by the Chancellor;

(vii) two progressive orchardists or farmers to be nominated by the Chancellor;

(viii) one repres native of the tribal area of the State who has interest in scientific orcharding or scientific forestry to be nominated by the Chancellor;

(ix) one outstanding womar social worker, preferably having background of rural advancement to be nominated by the Chancellor;

(x) a distinguished engineer to be nominated by the Chancellor;

(xi) a representative of the Indian Council or Agricultural Research;

(xii) one representative of the teachers and one representative of the non-teaching employees of the University to be appointed for a period of one year at a time in the manner prescribed by the Statutes; and

(xiii) two Members of the Legislative Assembly to be elected by the Legislative Assembly in the manner to be prescribed by the Speaker.

(3) The Registrar shall be the non-member Secretary of the Board.

(4) The term of office of the members of the Board other than the ex-officio members and the members retorted to in clause (xii) of sub-section (2) shall be three years. A member shall be eligible to serve more than one term. In the first Board, the members other than ex-officio members and the members refined to in clauses (xii) and (xiii) of sub-section (2) shall draw lots with three serving for one year, three for two years and the remaining two for three years. Thereafter, the term of members, who are nominated to succeed them, shall be three years.

(5) A member of the Board may resign his office by a notice, in writing, addressed to the Chancellor of the University.

(6) If, for any reason, a vacancy occurs in the office of a non-official member of the Board, the same may be filled by appointing or nominating another person thereto, as the case may be for the unexpired term in accordance with the provisions of this section.

(7) Eight members of the Board shall form quorum for a meeting of the Board:

Provided that if a meeting of the Board is adjourned for want of quorum, no quorum shall be necessary at the next meeting for the transaction of the same business.

(8) The Vice-Chancellor shall be the Chairman of the Board.

(9) The members of the Board shall not be entitled to receive any remuneration for the performance of their functions under this Act except such daily and travelling allowances as may be prescribed:

Provided that nothing herein shall affect the cmoluments or other conditions of service of the Vice-Chancellor.

(10) On and from the appointed day, the members of the Board of Management of the Himachal Pradesh Kiishi Vishva Vidyalaya for the Solan Agricultural Complex shall be deemed to have vacated their office as such.

(11) No officer or other employees of the University shall be eligible to be a member of the Board under clauses (vi), (vii), (viii), (ix), (x) and (xi) of sub-section (2).

Section 11. Powers and duties of the Board

11. Powers and duties of the Board.- (1) The Board shall exercise and perform the following powers and functions, namely:-

(a) to review and consider the financial requirements and estimates further University and approvers budget;

(b) to make appointments to the posts in accordance with the provisions of the Act;

(c) to provide for the administration of any funds placed at the disposal of the University for the purposes intended;

(d) to arrange for the investment and withdrawal of funds of the University;

(e) to borrow money for capital improvements and make suitable arrangements for its repayment;

(f) to provide for accepting, acquiring, holding and disposal of property on behalf of the University;

(g) to direct the form and use of the common seal of the University;

(h) to appoint such committees, either standing or temporary, as the Board may consider necessary, and establish the terms of references thereof within the limitations of the Act or the Statutes;

(i) to determine and regulate all policies relating to the University in accordance with this Act or the Statutes;

(j) to make financial provision for instruction, teaching and training in such branches of learning and courses of study as determined by the Academic Council within the purposes of this Act, and for research and for the advancement and dissemination of knowledge;

(k) to provide for the establishment and maintenance of colleges, hostels, laboratories, experimental farms and other facilities necessary for carrying out the purposes of this Act;

(l) to make provision for instituting and conferring degrees, diplomas, certificates and other academic distinctions;

(m) to provide for institution, maintenance and award of scholarships, fellowships, studentships, medals, prizes, etc.;

(n) to accept, on behalf of the University, trusts, bequests and donations;

(o) to meet at such times and in such places, as often as it may deem necessary:

Provided that a regular meeting of the Board shall be held at least once in every three months; and

(p) to regulate and determine all matters concerning the University in accordance with the Act and the Statutes and to exercise such powers and to discharge such duties as may be conferred on or imposed upon the Board by this Actor the Statues.

(2) The Board may, for purposes of consultations, invite any person having experience or special knowledge on any subject under consideration to attend its meeting. Such person may speak in and otherwise take part in the proceedings of such meeting be shall not be entitled to vote at any such meeting. Any person so invited shall be entitled to such allowances for attending the meeting as may be prescribed.

Section 12. The Academic Council

12. The Academic Council.- (1) The Academic Council shall be incharge of the academic affairs of the University and shall, subject to the provisions of the Act and the Statutes, superintend, direct and control and to be responsible for the maintenance of standards of induction, education and examinations and other manors connected with the conferment of degrees or award of diplomas, certificates and shall exercise such other powers and perform such other duties as may be conferred or imposed on it by the Statutes. It shall advise the Vice-Chancellor on all academic matters.

(2) The Academic Council shall consist of the following members namely:-

(i) the Vice-Chancellor who shall be the ex-Officio Chairman;

(ii) the Deans of the Colleges of the University;

(iii) the Director of Research of the University;

(iv) the Director of Extension Education of the University;

(v) the Director (Forestry Education), Dehradun;

(iv) the Librarian of the University;

(vii) the Student Welfare Officer of the University;

(viii) two senior-most Professors from each college for a term of two years, by rotation;

(ix) not more than two eminent scientists one of horticulture and the other of forestry to be nominated by the Vice-Chancellor, for such periods and in such manner as may be prescribed so as to secure adequate representation of different aspects of horticulture and forestry; and

(x) the Registrar shall be ‘ex-officio Secretary’ of the Academic Council.

(3) One-third of the number of members of the Academic Council shall form a quorum:

Provided that if meeting of the Academic Council is adjourned for want of a quorum, no quorum shall be necessary at the next meeting for the transaction of the same business.

Section 13. Powers, functions and duties of the Academic Council

13. Powers, functions and duties of the Academic Council.- (1) The Academic Council shall, subject to the provisions of this Act and the Statutes, have general control on teaching and other educational programmes, within the University, and shall be responsible for the maintenance of standards thereof.

(2) It shall have power to make regulations consistent with this Act and the Statutes relating to all academic matters subject to its control and to amend or repeal such regulations.

(3) In particular, and without prejudice to the generality of the foregoing powers, the Academic Council shall have power to,-

(i) advise the Board on all academic matters including the control and management of libraries;

(ii) make recommendations for the institution of new colleges, departments, experimental station sub-station professorships, associate professorships and other teaching posts including posts in research and extension education and in regard to the dutiesn thereof;

(iii) formulate, modify or revise schemes for the constitution or reconstitution of departments of teaching, research and extension education;

(iv) make regulations regarding the admission of students to the University, and determine the number of students to be admitted;

(v) make regulations relating to the courses of study leading to degrees, diplomas and certificates;

(vi) make regulations relating to the conduct of examinations and to maintain and promote standards:

(vii) make recommendations regarding post-graduate teaching, research and extension education;

(viii) make recommendations regarding the qualifications to be prescribed for teachers in the University;

(ix) recommend to the Board the conferment of honorary degrees; and

(x) exercise such other powers and perform such other duties as may be conferred or imposed on it by or under the provisions of this Act.

Section 14. The Board of Studies

14. The Board of Studies.- (1) The existing faculty of horticulture and forestry of Himachal Pradesh Krishi Vishva Vidyalaya may further be split into different colleges according to requirements.

(2) Each college shall comprise such department of study as may be, prescribed by the Statutes.

(3)(a) There shall be a Board of Studies for each college of the University.

(b) The Deans of various colleges shall be the Chairmen of the respective Board of Studies and Heads of the Departments of the college shall be the members thereof

(c) The Vice-Chancellor may nominate on the Board of Studies such other teachers of related subjects or sciences from the same or other colleges, as he may deem fit,

(d) The duties of such Board of Studies shall be to prescribe syllabi so as to ensure integrated and well balanced courses of studies and other related matters concerning academies.

(4) Each department of the college shall have a Head whose appointment, powers and duties shall be, as may be prescribed by the Statutes, and who shall be responsible to the Dean for the proper organisation and working of the department and shall be responsible to the Directors of Research and Extension Education, respectively for the research and extension education entrusted to his department.

(5) The Board of Studies shall perform such functions or discharge such duties as may be conferred or imposed upon them by the Statutes.

Section 15. Provisions in relation to membership of authorities

15. Provisions in relation to membership of authorities.- (1) Save as otherwise provided in this Act, if any member other than ex-officio member of any authority or other body of the University is unable by reason of his death, resignation, removal or otherwise to complete his full term of office, the vacancy so caused shall, as soon as convenient, be filled by the appointment, election or nomination, as the case may be, and the person so appointed, elected or nominated, shall fill such vacancy for the unexpired portion of the term for which the member, in whose place such person is appointed, elected or nominated, would otherwise have continued in office.

(2) The Chancellor, on the recommendation of the Board, may remove any person from membership of any authority of the University on the ground that such person has been convicted of an offence involving moral turpitude:

Provided that no order for removal shall be passed against any person without giving him an opportunity of being heard.

(3) A person who is a member of any authority of the University as a representative of another body, whether of the University or not, shall cease to be a member of such authority or body if, before the expiry of the term of his membership, he ceases to be a member of that other body by which he was appointed or elected.

(4) Whenever any person becomes a member of any authority of the University by virtue of the office held by him, he shall forthwith cease to be a member of such authority or body 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.

(5) Any member, other than ex-officio members of any authority of the University, may resign his office by letter addressed to the Registrar for being placed before the appropriate authority.

(6) Any officer of the University whether salaried or otherwise other than the Dean or the Director may resign his office by letter addressed to the Vice-Chancellor and such resignation shall take effect from the date on which the same is accepted by the authority competent to fill the vacancy or on the expiry of three months from the date of the receipt by the Vice-Chancellor whichever is earlier.

Section 16. Validity and protection of certain acts

16. Validity and protection of certain acts.- (1) No act or proceeding of any authority or other body of the University shall be invalid merely by reason of the existence of any vacancy among its members or by reason of some person having taken part in the proceeding who is subsequently found not to have been entitled to do so.

(2) Save as otherwise provided in this Act, all acts and orders in good faith done and passed by the University or any of its authorities shall be final and no suit shall be instituted against or damages chimed from the University or its authority for anything done or purported to be done in pursuance of this Act or the Statutes of the Regulations.

(3) No suit, prosecution or other proceedings shall lie against any officer or other employee of the University for any act done or purported to be done under this Act or the Statute, or the Regulations without the previous sanction of the Board.

(4) No officer or other employee of the University shall be liable in respect of any such act in a civil or criminal proceeding if the act was done in good faith in the course of the execution of the duties of in discharge of the functions imposed by or under this Act.

Section 17. Officers of the University

17. Officers of the University.- The following may be the officers of the University, namely:-

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Deans of colleges;

(iv) the Director of Research;

(v) the Director of Extension Education;

(vi) the Registrar;

(vii) the Finance Officer;

(viii) Estate Officer;

(ix) Librarian;

(x) Students' Welfare Officer; and

(xi) such other persons in the service of the University as may be declared by the Statutes to be the officers of the University.

Section 18. Powers and duties of the Chancellor

18. Powers and duties of the Chancellor.- (1) The Governor of the State of Himachal Pradesh shall, by virtue of his office, be the Chancellor of the University.

(2) The Chancellor shall be the Head of the University and shall, when present, preside at any Convocation of the University.

(3) Every proposal to confer an honorary degree shall be subject to the confirmation of the Chancellor.

(4) The Chancellor shall exercise such other powers and perform such other duties as may be conferred or imposed on him by this Act or the Statutes.

Section 19. The Vice-Chancellor

19. The Vice-Chancellor.- (1) The Vice-Chancellor shall be a whole time officer of the University. The first Vice-Chancellor after the commencement of this Act shall be appointed by the Government for a period of five years on such terms and conditions as the Government may determine. Subsequent Vice-Chancellor(s) shall be appointed by Chancellor on the recommendations of a Selection Committee consisting of:-

(i) a nominee of the Chancellor;

(ii) the Director General, Indian Council of Agricultural Research; and

(iii) the Chairman, University Grants Commission.

(2) The Vice-Chancellor shall normally hold office for a term of five years and be eligible for re-appointment for another five years but not beyond the ago of 65 years. The emoluments and other conditions of service of the Vice-Chancellor shall be such as may be prescribed and shall not vary to his disadvantage after his appointment:

Provided that the Chancellor may allow him to continue in office until his successor is appointed but this period shall not exceed one year.

(3) The Vice-Chancellor may resign by giving a notice of one month in writing under his signatures, addressed to the Chancellor. The Chancellor may waive off the period of notice and accept the resignation forthwith in consultation with the State Government.

(4) During the temporary absence of the Vice-Chancellor by reason of leave, illness or any other cause, the Chancellor may, in consultation with the State Government, make such arrangements for carrying out the duties of the Vice-Chancellor as he may deem fit. Where the post of the Vice-Chancellor falls permanently vacant either by resignation or otherwise, the vacancy shall be filled in accordance with the provisions of sub-section (1) of this section and the Vice-Chancellor so appointed shall hold office for a full term or till the attainment of the age of 65 years, whichever is earlier.

(5) If in the opinion of the Chancellor, the Vice-Chancellor wilfully omits or refuses to carry out the provisions of this Act or abuses the powers vested in him or fit appears to the Chancellor that the continuance of the Vice-Chancellor in office is detrimental to the interest of the University, the Chancellor may, after consultation with the Government, by order remove the Vice-Chancellor after giving him an opportunity to show cause against the action proposed to be taken against him.

Section 20. Powers and duties of Vice-Chancellor

20. Powers and duties of Vice-Chancellor.- (1) The Vice-Chancellor shall be the Principal Executive and Academic Officer of the University and ex-officio Chairman of the Board and the Academic Council. He shall in the absence of the Chancellor, preside at the convocation of the University and confer degrees on the persons entitled to receive them,

(2) The Vice-Chancellor shall exercise control over the affairs of the University and shall be responsible for the maintenance of the discipline and order in the University.

(3) The Vice-Chancellor shall convene a meeting of the Board of Management and the Academic Council, unless he temporarily delegates the power to some other officer of the University.

(4) The Vice-Chancellor shall ensure the faithful observance of the provisions of this Act, the Statutes and the Regulations and he shall exercise such powers as may be necessary in that behalf.

(5) The Vice-Chancellor shall be responsible for the presentation of the annual financial estimates and the annual accounts and balance sheet to the Board.

(6) The Vice-Chancellor may take any action in any emergency which in his opinion calls for immediate action and he shall in such a case and as soon as may be thereafter, report his action to the authority which would ordinarily have dealt with the matter and if the authority disagrees with the action of the Vice-Chancellor the matter shall be referred to the Chancellor whose decision shall be final:

Provided that nothing in this section shall be deemed to empower the Vice-Chancellor to incur any expenditure not duly authorised and provided for in the budget.

(7) Subject to the provisions of the preceding sub-section, the Vice-Chancellor shall give effect to the orders of the Board regarding the appointment, suspension and dismissal of officers, teachers and other employees of the University.

(8) Where any action taken by the Vice-Chancellor under sub-section (6) affects any person in the service of the University to his disadvantage, such action shall not be taken unless the person concerned has been given a reasonable opportunity of being heard and the person against whom any action is proposed to be taken may prefer an appeal to the Board within thirty days of the due on which the action proposed to be taken is communicated to him.

(9) The Vice-Chancellor shall be responsible for the proper administration of the University and for a close coordination and integration of teaching, research and extension education.

(10) The Vice-Chancellor may appoint temporarily under intimation, to the Board a suitable person for a period not exceeding six months in a vacancy of an officer, teacher or any other employee in the University.

(11) The Vice-Chancellor shall exercise such other powers, as may be prescribed, for carrying out the purposes and provisions of this Act.

(12) The Vice-Chancellor shall, at the close of each academic year, in the manner prescribed in the Statutes, assess and evaluate the teaching, extension and research work done by the members of the faculty. On such assessment or evaluation, if the Vice-Chancellor is of the opinion that the work and conduct of any member of the faculty is not satisfactory, he shall in the manner laid down in the Statutes, initiate or cause to be initiated action against such a member.

Section 21. Extraordinary powers of the first Vice-Chancellor

21. Extraordinary powers of the first Vice-Chancellor.- (1) The first Vice-Chancellor shall, for a period of six months from the date of his appointment or such shorter period as may be determined by the Chancellor, have the following powers, namely:-

(i) with the previous approval of the Chancellor, to make the first Statutes to provide for functioning of the University;

(ii) with the previous approval of the Chancellor, to constitute provisional authorities and bodies and on their recommendation, make rules for the conduct of the work of the University;

(iii) subject to the control of the Chancellor to make such financial arrangements and incur such expenditure as may be necessary to enable this Act or any part thereof to be brought into operation;

(iv) with the previous approval of the Chancellor, to make such appointment as may be necessary to enable this Act or any part thereof to be brought into operation;

(v) with the previous approval of the Chancellor, to appoint committees that he may think fit to discharge such of the functions as he may direct; and

(vi) to exercise all or any of the powers conferred on the Board by this Act or the Statutes.

(2) Any order passed by the Vice-Chancellor in exercise of the powers conferred on him by clauses (ii), (iii) and (v) of sub-section (1) shall continue to give effect after the expiry of the period specified under sub-section (1) until it is modified or set aside by the authority or body competent to deal with it in accordance with the provisions of the Act.

Section 22. Other officers of the University, and their general terms and conditions

22. Other officers of the University, and their general terms and conditions.- (1) An officer of an University referred to in clauses (iii) to (xi) of section 17 shall to be a whole time officer of the University and shall be appointed by the Board on the recomendations of the Selection Committee, as may be constituted for the purpose under the Statutes.

(2) The salary and allowances and other conditions of service of such an officer shall be as may be prescribed by the Statutes.

Section 23. Deans of Colleges

23. Deans of Colleges.- (1) Each college shall have a Dean who shall be responsible to the Vice-Chancellor for all matters concerning his college.

(2) The Dean shall also be responsible for the organisation and the conduct of the resident instructions of the departments of the college.

(3) The Dean shall exercise such powers and perform such duties as may be conferred or imposed upon him by the Statutes.

Section 24. Director of Research

24. Director of Research.- (1) There shall be a Director of Research, who shall be responsible to the Vice-Chancellor. The Director of Research shall also be responsible for the direction and co-ordination of research programme's as set forth in section 33 of this Act and efficient working of the research stations.

(2) The Director of Research shall exercise such powers and perform such duties as may be conferred or imposed on him by the Statutes.

Section 25. Director of Extension Education

25. Director of Extension Education.- (1) There shall be a Director of Extension Education, who shall be responsible to the Vice-Chancellor. He shall also be responsible for the horticultural and forestry extension programme as set forth in section 34 of this Act.

(2) The Director of Extension Education shall exercise such powers and perform such duties as may be conferred or imposed on him by the Statutes.

Section 26. The Registrar

26. The Registrar.- (1) The Registrar of the University shall receive such remuneration and other emoluments as may be prescribed and shall not, during the tenure of his office, accept any remuneration or emoluments other than the prescribed remuneration or emoluments.

(2) The powers and duties of the Registrar of the University shall be us follows:-

(i) to be responsive for the custody of the records and the common seal of the University;

(ii) to be the ex-officio Secretary to the Academic Council and to the Board and to place before the Council and Board all such information as may be necessary for the transaction of business of the Council or the Board as the case may be;

(iii) to receive applications for admission to the University;

(iv) to keep a permanent record of all syllabi, curricula and ??? connected therewith;

(v) to make arrangements for the conduct of such examinations as may be prescribed and to be responsible for the due execution of all processes connected therewith; and

(vi) to perform such other duties as may be prescribed or required from time to time, by the Vice-Chancellor.

Section 27. The Finance Officer

27. The Finance Officer.- (1) The Finance Officer shall manage the property and investments of the University and advise it in regard to its financial policies.

(2) The Finance Officer shall be responsible to the Vice-Chancellor for all accountal matters of the University including the preparation and presentation of the budget and statement of accounts.

(3) The Finance Officer shall receive such remuneration as may be prescribed and shall not, during the tenure of his office, receive any remuneration or other emoluments other than the prescribed remuneration.

(4) The Finance Officer shall-

(i) unsure that expenditure, not authorised in the budget, is not incurred by the University except by way of investment; and

(ii) disallow any expenditure not warranted by the terms of any Statutes or for which provision is required to be made by the Statutes but has not been so made.

(5) All moneys belonging to the University shall be kept in a scheduled bank approved by the Board.

Explanation.- For the purposes of this sub-section "scheduled bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (11 of 1934).

Section 28. The Estate Officer

28. The Estate Officer.- The Estate Officer of the University shall be responsible for the custody, maintenance and management of all the buildings, lawns, gardens and other properties of the University.

Section 29. The Librarian

29. The Librarian.- (1) The Librarian of the University shall be incharge of the Library.

(2) The Librarian of the University shall be responsible to the Vice-Chancellor for all matter concerning the Library.

Section 30. Students' Welfare Officer

30. Students' Welfare Officer.- (1) The Students' Welfare Officer shall have the following duties, namely:-

(i) to make arrangements for the housing of students;

(ii) to direct a programme of student counselling;

(iii) to arrange for the employment of students in accordance with the plans approved by the Vice-Chancellor;

(iv) to supervise the extra-curricular activities of the students;

(v) to assist in the placement of graduates of the University; and

(vi) to organise and maintain contact with the alumnt association of the University.

Section 31. Colleges

31. Colleges.- (1) The following shall be constituent colleges of the University:-

(i) the College of Horticulture and Forestry Oachgbat, Sclan;

(ii) such other colleges as may be established by the University after the commencement of this Act; and

(iii) such Central Government institutions of horticulture and forestry research, teaching and extension education, in the State of Himachal Pradesh as may be desired to be integrated as college of the University.

(2) Every college shall comprise such departments as may be prescribed and each department shall be assigned such subjects of study as the Academic Council may deem fit.

(3) There shall be Head of each Department who shall be responsible to the Dean for resident instructions, to the Director of Research for research, and to the Director of Extension Education for extension education.

(4) The Head of each Department shall be selected by the Vice-Chancellor and appointed by him with the approval of the Board.

(5) The duties, powers and functions of Heads of Departments shall be such as may be prescribed.

Section 32. Experimental stations for research

32. Experimental stations for research.- (1) Subject to the provisions of the Act and the Statutes, the existing experimental stations, sub-stations of the Solan Agricultural Complex of Himachal Pradesh ??? Vishva Vidyalaya shall form part of the University incorporated under this Act. The University may institute/start new experimental stations, sub-sections and/or expand or give up the existing ones.

(2) The Government may transfer to the University experimental stations and research schemes of the related departments from such date as the Government may by notification specify.

Section 33. Horticultural and forestry research programme

33. Horticultural and forestry research programme.- (1) Subject to the provisions of this Act and the Statutes, the University shall carry on research connected primarily to the problems of horticulture, forestry and allied sciences for the benefit of the rural population of the State.

(2) The University through its research organisation shall be the principal agency of control over research activities in horticulture, forestry and allied sciences in the State.

Section 34. Horticultural and forestry extension education programme

34. Horticultural and forestry extension education programme.- (1) The horticulture and forestry extension education programmes of the University shall make useful information based upon the findings of research available to orchardists, farmers and others, to help and solve their problems. It shall conduct demonstrations and training programmes for the benefit of students, orcnardists and farmers. Extension education shall he co-ordinated with the other functions of the University and other appropriate agencies of the State.

(2) The University shall be responsible for the horticultural and forestry extension education activities in the State necessary to disseminate and demonstrate to orcnardists and farmers the findings of horticultural and forestry research on improved practices essential to improve rural giving and to increase production with special emphasis on fruits, vegetables and farm foresty.

Section 35. Appointment of teachers, officers, and staff

35. Appointment of teachers, officers, and staff.- (1) Subject to the provisions of this Act, the members of the staff, other than teachers of the University, shall be appointed by the Vice-Chancellor with the approval of the Board and the teachers shall be appointed by the Board on the recommendations of the Selection Committee as may be constituted under the Satutes.

(2) Except in cases otherwise provided for in the Statutes, every salaried officer and teacher of the University shall be appointed under as written contract. The contract shall be lodged with the Vice-Chancellor and a copy thereof shall be furnished to the officer or teacher concerned. The contract shall not be inconsistent with the provisions of this Act and the Statutes for the time being in force in relation to the conditions of service.

(3) The procedure for selection of officers, teachers and other employees of the University, unless otherwise provided in the Act, shall be as prescribed.

Section 36. Transfer of assets and liabilities

36. Transfer of assets and liabilities.- (1) On the commencement of this Act, the assets and liabilities of the existing Solan Agricultural Complex of in Himachal Pradesh Krishi Vishva Vidyalaya shall stand transferred to and shall vest in the University incorporated under this Act for all intents and purposes.

(2) The cash balance whether in the form of cash, bank or security ??? and reserve Funds held by the Himachal Pradesh Krishi Vishva Vidyalaya for its Solan Agricultural Complex shall stand transferred to the University incorporated under this Act immediately after the commencement of this Act.

(3) Every contract made by the Himachal Pradesh Krishi Vishva Vidyalaya for Solan Agricultural Complex, before the commencement of this Act shall, if subsisting at such commencement, be deemed to have been made by the University incorporated under this Act.

(4) The provident fund and accounts thereto of every official or other employees of the Himachal Pradesh Krishi Vishva Vidyalaya Solan Agricultural Complex hall stand transferred to the University incorporated under this Act in which he has been posted on the commencement of this Act.

Section 37. Legal proceedings

37. Legal proceedings.- If at the commencement of this Act, any suit, appeal or other proceedings of whatever nature is pending by or against the existing University in respect of its Solan Agricultural Complex, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of division of the existing University, but the suit, appeal or other proceedings may be continued, prosecuted or enforced by or against the University in corporated under this Act.

Section 38. Transfer of employees

38. Transfer of employees.- (1) All teachers, officers and other employees of the Himachal Pradesh Krishi Vishva Vidyalaya working in the Solan Agricultural Complex holding office as such immediately before the appointed day, shall on and from such day, become the teachers, officers and other employees of the University.

(2) Every teacher, officer and other employee inherited from the Himachal Pradesh Krishi Vishva Vidyalaya under sub-section (1) shall hold and continue to hold his office or service in the University on the same terms and conditions and with the same rights to pension, provident fund, gratuity and other matters as were admissible to him in the Himachal Pradesh Krishi Vishva Vidyalaya on the day immediately preceding the appointed day:

Provided that such an inherited teacher, officer and other employee shall have the right to opt for the service conditions as may be settled by the University:

Provided further that in the event of any dispute or difficulty in the matter of implementation of the provisions of this section, the matter shall be referred to the Government, the decision of which shall be final:

Provided further that in case of extreme hardship an employee of the University may request for his transfer to the Himachal Pradesh Krishi Vishva Vidyalaya, Palampur and vice-versa and the matter will be decided by the Vice-Chancellors of both the Universities and in case of disagreement, the matter will be referred to the Government whose decision shall be final:

Provided further that if the Vice-Chancellors of the Himachal Pradesh Krishi Vishva Vidyalaya and this University consider that in the interest of teaching a particular member of the faculty is to be transferred from one University to the other, such transfer may be done with the prior approval the State Government.

Section 39. Retirement and other conditions of service

39. Retirement and other conditions of service.- Save as provided in section 38, the age of retirement and other conditions of service of every officer, teacher or other employee of the University shall he such as may be prescribed.

Section 40. Pension and provident fund

40. Pension and provident fund.- (1) The University shall constitute for the benefit of its officers, teachers, clerical staff and other employees in such manner and subject to such conditions, as may be prescribed, such pension, insurance and provident fund as it may deem fit.

(2) For such pension, insurance and provident fund so constituted by the University, the Government may declare that provisions of the Povident Fund Act, 1925 (19 of 1925) shall apply to such fund as if it were a Government Provident Fund:

Provided that the University shall have power to invest the provident fund amount in such manner as it may determine.

(3) Persons in Government services transferred or re-employed in the University shall be governed under such terms and conditions as may be agreed to between the University and the Government.

Section 41. Tribunal of arbitration for disputes between the University and staff

41. Tribunal of arbitration for disputes between the University and staff.- Any dispute arising out of contract between the University and any officer or teacher or employee of the University shall, on the request of the officer or teacher or employee concerned, be referred to a tribunal of arbitration consisting of one member appointed by the Board, one member nominated by the employee concerned and an umpire appointed by the Chancellor. 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 Every such request shall be deemed to be a ??? to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940 (10 of 1940) and all the provisions of the said Act, with the exception of section 2 thereof, shall apply accordingly.

Section 42. Funds and grants

42. Funds and grants.- (1) General Fund,- The University shall have a General Fund to which shall be credited.-

(i) income from fees, endowments, grants and from properties of the University including hostels, experimental stations and farms;

(ii) contribution or grants which shall be made by the Government, on such conditions as it may impose;

(iii) grants, donations and benefaction; and

(iv) other receipts;

(2) Foundation Fund.- (i) The University shall form a fund called the Foundation Fund from contribution and grants made by the Central and State Governments for being credited to that fund and such other, sums from the University which may be credited to the said fund.

(ii) The moneys in the Foundation Fund shall be invested in the securities mentioned or referred to in clause; (a) to (d) of section 20 of the Indian Trusts Act, 1882 (2 of 1882).

(iii) It shall be competent for the University, in furtherance of its objectives, to accept grants from the Government of Himachal Pradesh or any other State Government or the Central Government or statutory bodies, endowments or donations under such conditions as may be agreed upon between the University and the grantor or donor.

(3) Management of Funds.- The General Fund, Foundation Fund and other funds of the University shall be managed according to such provisions as may be laid down by the Statutes.

(4) Government Grans.- Subject to availability of funds, the State or Central Government shall every year make non-lapsable lump sum-grants to the University as follows:-

(a) a grant not less than the net expenditure incurred in the Solan Agricultural Complex of Himachal Pradesh Krishi Vishva Vidyalaya on such of the activities of the institution of the horticulture and forestry and other Government departments as were transferred either to the Himachal Pradesh University or the Himachal Pradesh Krishi Vishva Vidyalaya and be transferred to the University from time to time;

(b) a grant not less that the estimated net expenditure of pay and allowances of the staff, contingencies, supplies and services of the University other than in respect of the activities in institution referred to in clause (a), and

(c) an annual increase in grant to meet such additional items of expenditure, recurring and non-recurring, as per requirements of the University on account of new schemes and programmes, revision of scales, increments, increase in deafness and other allowances.

Section 43. Finance Committee, its powers and duties

43. Finance Committee, its powers and duties.- (1) The Board shall constitute a Finance Committee consisting of,-

(i) the Vice-Chancellor, who shall also be the ex-officio Chairman of the Committee;

(ii) the Finance Secretary to the Government of Himachal Pradesh or his representative;

(iii) the Heads of Government Departments of Horticulture, Forests and Agriculture;

(iv) a member chosen by the Board from amongst its non-official members; and

(v) the Finance Officer - Member-Secretary.

(2) The Finance Committee shall have the following powers, namely:-

(i) to examine the annual accounts of the University and to advise the Board thereon;

(ii) to examine the annual budget estimates and to advise the Board thereon;

(iii) to review the financial position of the University from time to time;

(iv) to make recommendations to the University on all matters relating to the finances of the University; and

(v) to make recommerdatons to the Board on all proposals involving expenditure for which no provision has been made in the budget or which involves expenditure in excess of the amount provided in the budget.

Section 44. Annual and audit reports

44. Annual and audit reports.- (1) The University shall prepare once in every financial year, in such form and at such time as may be directed by the State Government an annual report giving true and full account of its activities during the previous financial year.

(2) The annual accounts of the University shall be prepared by the Finance Officer under the direction of the Vice-Chancellor and all the money accruing to or received by the University from whatever source and all amounts disbursed and paid by the University shall be entered in the accounts.

(3) The accounts and the balance-sheet of the University shall be submitted by the Vice-Chancellor through the Board to the Government which shall cause them to be audited by an agency specifically authorised in this behalf by the State Government from time to time.

(4) The accounts, when audited, shall be printed and copies thereof together with audit report, shall be submitted by the Vice-Chancellor to the Board, which shall forward the said audit report along with the annual report prepared under sub-section (1), immediately; after the close of each financial year to the Government with such comments as it may deem lit and the Government shall, as soon as may be, after furnishing of these reports by the University to it, but within a period of nine months after the close of the financial year to which these reports pertain, cause such reports laid before the State Legislative Assembly.

Section 45. Construction of references to existing University in any document etc.

45. Construction of references to existing University in any document etc.- Any reference to the existing University in any law, other than this Act or in any contract or other instrument, shall be construed,-

(a) if such reference relates to any assets or property held by the existing University for its so a Agricultural Complex, as a reference to the University incorporated under this Act; and

(b) in any other case, as a reference to the Himachal Pradesh Krishi Vishva Vidyalaya.

Section 46. Obligations to be discharged by the Himachal Pradesh Krishi Vishva Vidyalaya

46. Obligations to be discharged by the Himachal Pradesh Krishi Vishva Vidyalaya.- Any obligation incurred, before the appointed day by the existing University to confer any degree or other academic distinction on, or to issue any diploma or other certificates, to any person or to issue any copy of any degree, diploma, certificate, marks-sheet or other documents to any person shall, after the appointed day, be the obligation of the Himachal Pradesh Krishi Vishva Vidyalaya.

Section 47. Settlement of unresolved disputes

47. Settlement of unresolved disputes.- If any dispute arises by reason of the incorporation of the University, such dispute shall be resolved in the first instance by the Vice-Chancellors of the existing University and the University to be incorporated and in the event of failure of such Vice-Chancellors to arrive at an agreed solution with regard to any such dispute, the matter shall be referred to the Government, decision of which shall be final and binding.

Section 48. Delegation of powers

48. Delegation of powers.- The Board may delegate to any officer of authority of the University any of the powers conferred on it by this Act or by the Statutes to be exercised subject to such restrictions and conditions as may be.

Section 49. Constitution of ad hoc committee

49. Constitution of ad hoc committee.- Notwithstanding anything contained in this Act and until such time as the authorities are duly constituted the Vice-Chancellor may, subject to the prior approval of the Chancellor or of the Board after it has been constituted, appoint committee temporarily to exercise, perform and discharge any of the powers, functions and duties of such authorities under this Act.

Section 50. Disputes as to constitution of University authorities and bodies

50. Disputes as to constitution of University authorities and bodies.- If any question arises as to whether any person has been duly elected, nominated of appointed or is or titled 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.

Section 51. Transitory provisions

51. Transitory provisions.- (1) Subject to the provisions contained in sub-section (2), in the year of the establishment of the University, certificates, diplomas and degrees, medals and other distinctions to the students passing out from the college and other institutions attached to the Solan Agricultural Complex shall be awarded by the Himachal Pradesh Krishi Vishva Vidyalaya and thereafter the University incorporated under this Act shall award certificates, diplomas, degrees, medals and other distinctions etc., as may be prescribed.

(2) Till such time as the first batch of students of the B.Sc. (Horticulture) from the University incorporated under this Act enters the final year of their respective degrees, the student of the B.Sc. (Agriculture) already enrolled in the Himachal Pradesh Krishi Vishva Vidyalaya at Solan Campus shall continue to receive certificates, diplomas, degrees, medals and other distinctions from the Himachal Pradesh Krishi Vishva Vidyalaya, Palampur.

Section 52. Removal of difficulties

52. Removal of difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act as may appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of two years from the commencement of this Act,

(2) Every order published under this section shall, as soon as may be after its publication, be laid before the State Legislature.

(3) No order made under sub-section (1) shall be called into question in any court of law on the ground that no difficulty as is referred to in the said sub-section existed or was required to be removed.

Section 53. Statutes

53. Statutes.- Subject to the provisions of this Act, the Statutes of the University may provide for any matter and shall, in particular, provide for the following matters, namely:-

(a) the constitution, powers and duties of the authorities of the University;

(b) the selection, nomination, appointment and continuance in office of the members of the authorities of the University and of the officers, teachers and other employees of the University, including the filling up of vacancies and all other matters relating to these authorities and officers, teachers and other employees for which it may be necessary or desirable to provide;

(c) the constitution of the Selection Committee for making recommendations to the Board for appointments under the Act;

(d) the designation, the manner of appointment, the powers and the duties of the officers of the University;

(e) establishment of division/departments of teaching in the faculties;

(f) procedure of appointment, emcluments and conditions of service, of the Vice-Chancellor and his powers;

(g) the classification and the manner of appointment of teachers;

(h) the constitution of gratuity or provident fund or both for the benefit of officers, teachers and other employees of the University;

(i) the institution of degrees and diplomas;

(j) the conferment of honorary degrees;

(k) the establishment, amalgamation, sub-division and abolition of departments;

(l) the establishment and the abolition of hostels maintained by the University;

(m) the institution of fellowships, scholarships, medals and prizes;

(n) the maintenance of a register of graduates;

(p) the admission of students to the University and their enrolment and continuance as such;

(p) the courses of study to be laid down for degrees and diplomas of the University;

(q) the conditions under which students shall be admitted to the degree, diploma or other courses and the manner in which the examinations are to be held and the eligibility for the award of degrees and diplomas;

(r) the conditions of residence of the students of the University and the levy of fees for residence in hostels maintained by the University;

(s) the recognition and supervision of hostels not maintained by the University;

(t) the number, qualifications, emcluments and other conditions of set vice of officers, teachers and other employees of the University and the preparation and the maintenance of record of their services and activities;

(u) the fees which may be charged by the University;

(v) the remuneration and allowances, including travelling and daily allowances, or be paid to persons employed on the business of the University;

(w) the conditions for the award of fellowships, scholarships, medals, prizes, stipends and fee concessions;

(x) mode of execution of contracts or agreements by or on behalf of the University; and

(y) all other matters which by this Act are to be or may be provided for by the Statutes.

Section 54. Statntes how made

54. Statntes how made.- (1) The Board may, from time to time, make new or additional Statutes and may amend or repeal the Statutes in the manner hereinafter provided in this section.

(2) The Academic Council may propose to the Board the draft of Statutes 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 any amendments of a Statute affecting the status, powers or constitution of any 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.

(3) The Board may consider any such draft as is referred to in sub-section (2) and pass the proposed Statute; or reject or return it to the Academic Council for reconsideration, either in whole or in part, together with any amendment which it may suggest.

(4)(a) Any member of the Board may propose to the Board the draft of any 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.

(b) In case such a 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, then, shall 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 the draft.

(5) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the approval of the Chancellor who may accord his assent thereto, or withhold assent, or return the same to the Board for consideration.

(6) A new Statute or Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Chancellor.

(7) All Statutes made under this Act shall be published in the Official Gazette.

Section 55. Regulations

55. Regulations.- (1) Any authority of the University may make Regulations consistent with this Act and the Statutes for-

(a) laying down the procedure to be observed at its meetings and the number of members required to form a quorum;

(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 matter solely concerning the authority 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 transacted at meetings and for keeping of records of the proceedings of the meeting.

(3) The Academic Council may, subject to the provisions, of the Statutes, make Regulations providing for Courses of study, system of examinations, and degrees and diplomas of the University, after receiving drafts of the same from the faculties concerned.

(4) The Academic Council may not after a draft received from the faculties, but may reject or return it to the faculties for further consideration together with the suggestions of the Academic Council.

(5) The Board may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the annulment of any Regulation made under sub-section (2) consequent upon the establishment of Dr. Yashwant Singh Parmar University of Horticulture and Forestry Solan.

Section 56. Amendment of the Himachal Pradesh Krishi Vishva Vidyalaya Act, 1978

56. Amendment of the Himachal Pradesh Krishi Vishva Vidyalaya Act, 1978.- From the appointed day, the Himachal Pradesh Krishi Vishva Vidyalaya Act, 1978 (30 of 1978) shall be amended to the extent as given in column (3) of the Schedule II to this Act.

Section 57. Repeal and saving

57. Repeal and saving.- (1) The Dr. Yashwant Singh Parmar University of Horticulture and Forestry, Solan Ordinance, 1985 (3 of 1985) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act had come into force on the day on which such thing was done or action was taken.