Himachal pradesh act 005 of 1981 : Himachal Pradesh Krishi Vishva Vidyalaya (Amendment) Act, 1981

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Krishi Vishva Vidyalaya (Amendment) Act, 1981.

(2) It shall come into force at once, except section 12 and 13 which shall and shall always be deemed to have come into force on the 1st day of November, 1973.

Section 2. Amendment of section 2

2. Amendment of section 2.- After the existing clause (q) of section 2 of the Himachal Pradesh Krishi Vishava Vidyalaya Act, 1978 (hereinafter called the Principal Act), the following new clause (qq) shall be inserted, namely

"(qq) "Pro-Vicc-Chancellor" means the Pro-Vice-Chancellor of the University".

Section 3. Amendment of section 3

3. Amendment of section 3.- In sub-section (2) of section 3 of the principal Act, after the words and sign "the first Vice-Chancellor," but before the words "the first members of the Board or Management", the words and sign "the first Pro-Vice-Chancellor," shall be inserted.

Section 4. Amendment of section 10

4. Amendment of section 10.- In section 10 of the principal Act,-

(a) after the existing clause (i) of sub-section (2), the following new clause (i-a) shall be inserted, namely:-

"(i-a) the Pro-Vice-Chancellor";

(b) after the existing sub-section (8) the following new sub-section (8-a) shall be inserted, namely;-

(8-a) The Pro-Vice-Chancellor shall be the Vice-Chairman of the Board and in the absence of the Vice-Chancellor shall preside at its meetings."; and.

(c) in the existing proviso to sub-section (9) after the words "the Vice-Chancellor" but before the sign ".", the words "and the Pro-Vice-Chancellor" shall be inserted.

Section 5. Amendment of section 12

5. Amendment of section 12.- After the existing clause (i) of sub-section (2) of section 12 of the principal Act, the following new clause (i-a) shall be inserted, namely:-

"(i-a) The Pro-Vice-Chancellor shall be the ex-officio Vice-Chairman

Section 6. Amendment of section 17

6. Amendment of section 17.- After the existing clause (i) of section 12 of the 1981 Act, the following new clause (i-a) shall be inserted, namely:-

"(i-a) the Pro-Vice-Chancellor;".

Section 7. Amendment of section 19

7. Amendment of section 19.- In sub-section (4) of section 19 of the principal Act, for the words "the senior-most from amongst the Deans and Directors", the words "the Pro-Vice-Chancellor" shall be substituted.

Section 8. Insertion of section 19-A

8. Insertion of section 19-A.- After the existing section 19 of the principal Act, the following new section 19-A, along with its heading, shall be inserted, namely:-

"19-A.-The Pro-Vice-Chancellor.-

(1) The Pro-Vice-Chancellor shall be a whole time officer of the University. The first Pro-Vice-Chancellor after the commencement of the Himachal Pradesh Krislii Vishva Vidyalaya (Amendment) Act, 1981, shall be appointed by the Chancellor, in consultation with the State Government, on such terms and conditions as the State Government may determine. Subsequent Pro-Vice-Chancellor shall be appointed by the Chancellor in constutation with the Vice-Chancellor.

(2) The term of office of the Pro-Vice-Chancellor shall ordinarily be coterminus with the office of the Vice-Chancellor:

Provided that notwithstanding the expiry of the term of his office, the Pro-Vice-Chancellor shall continue in office until his successor is appointed and enters upon his office.

(3) The emoluments and other conditions of service of the Pro-Vice-Chancellor shall be such as may be prescribed and shall not vary to his disadvantage after his appointment.

(4) On the expiry of the term of his office, the Pro Vice-Chancellor shall be eligible for re-appointment.

(5) A person appointed as Pro-Vice-Chancellor shall retire from office if during the term of his office or any extension thereof, he completes the age of 65 years.

(6) If, in the opinion of the Chancellor, the Pro-Vice-Chancellor wilfully omits or refuses to carry out the provisions of this Act, or abuses the power vested in him and if it appears to the Chancellor that the continuance of the Pro-Vice-Chancellor in office is detrimental to the interest of the University the Chancellor may, after consultation with the Board and the Government, by order remove the Pro-Vice-Chancellor after giving him an opportunity of showing cause against the action proposed to be taken in regard to him.

(7) The Pro-Vice-Chancellor may, by waiting under his hand addressed to the Chancellor, resign his office. The resignation shall, be delivered to the Chancellor ordinarily at least 60 days prior to the date of which the Pro-Vice-Chancelor wishes to be relieved from his office, but the Chancellor may relieve him earlier. The resignation shall take effect fro:n the date of relief.

Section 9. Insertion of section 21-A

9. Insertion of section 21-A- After the existing section 21 of the principal Act, the following new section 21-A, along with its heading, shall be inserted, namely:-

"21-A.-Powers and duties of the Pro-Vice-Chancelor.-

(1) Subject to the control and supervision of the Vice-Chancellor, the Pro-Vice-Chancellor shall perform such duties and exercise the powers as may be conferred upon him under the Act or the Statutes or are delegated to him by the Vice-Chancellor or the Board.

(2) The Board shall delegate to the Pro-Vice-Chancellor such powers as are necessary for the proper and efficient functioning of the Solan Agricultural Complex.

Explanation.- For the purposes of this section, "the Solan Agricultural Complex" shall mean the Agriculture College, Solan and shall include all other agricultural institutions and activities located at Solan and at such other places as may be specified by the Government from time to time."

Section 10. Insertion of section 2

10. Insertion of section 2.- For the sign "." occurring at the end of sub-section (1) of section 24 of the principal Act, the sign ":" shall be substituted and thereafter, following proviso shall be added, namely:-

"Provided that in case of College of Agriculture at Solan, the Dean shall be responsible to the Pro-Vice-Chancellor subject to the over all control of the Vice-Chancellor."

Section 11. Amendment of section 25

11. Amendment of section 25.- In sub-section (1) of section 25 of the principal Act, after the words "the Vice-Chancellor" but before the sign ".", the words "but ??? the ???, Solan, the Director of Research shall be responsible to the Vice-Chancellor through the Pro-Vice-Chancellor" shall be inserted.

Section 12. Amendment of section 39

12. Amendment of section 39.- For the existing sub-section (2) of section 39 of the principal Act, the following sub-section (2) shall be substituted, namely:-

"(2) Every teacher, officer and other employee inherited from the Himachal Pradesh University under sub-section (1) shall hold and continue to hold his office or service in the University in 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 University 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 offered by the University:

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

Section 13. Amendment of section 40

13. Amendment of section 40.- In section 40 of the principal Act, the word "The" occurring for the first time shall be corrected as "the" and before the words "the age of retirement", the words, figures and sign "Save as provided in section 39," shall be inserted.

Section 14. Amendment of section 44

14. Amendment of section 44.- After the existing clause (i) of sub-section (1) of section 44 of the principal Act, the following new clause (i-a) shall be inserted, namely;-

"(i-a) the Pro-Vice-Chancellor"

Section 15. Amendment of section 55

15. Amendment of section 55.- After the existing clause (f) of section 55 of the principal Act, the following new clause (ff) shall be inserted, namely:-

"(ff) procedure of appointment, emoluments and conditions of service of the Pro-Vice-Chancellor and his powers;".

Section 16. Repeal and sayings

16. Repeal and sayings.- (1) The Himachal Pradesh Krishi Vishva Vidyalaya (Second Amdnement) Ordinance, 1980 (6 of 1980) 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 this Act, as if this Act was in force on the day on which such thing was done or action was taken.