Kerala act 033 of 1971 : The Kerala Agricultural University Act, 1971 (No.33 of 1971)

312

THE KERALA AGRICULTURAL UNIVERSITY

ACT,

1971* (Act ^{33 of}

1971)

An

Act to establish and

incorporate

a

University

for the

development

of

agriculture ^inthe State of Kerala Preamble—WHEREAS It IS

expedient

to establish and Incorporate ^a

Unwersxty ^forthe

development ^of

agriculture in

the

State of

Kerala; Be It enacted 1n

the

Twenty—second

Year ^ofthe

Republic of India as follows:—

CHAPTER ^I

PRELIMINARY

1 Short

title,

extent and

commencement—(1)

This

Act may be called

the Kerala

Agricultural University

Act,

1971.

(2) ^Itextends^tothewhole^oftheState^ofKerala

(3) ^Itshall^be

deemed ^{to have comeInto}force^on the 24th

day ^of

February,

1971,

2.

Definitions—In this

Act,

unless the context other- wxse

requires,—

(1)

"Academic Councxl" means^theAcademic Counctl of

the

UmverSIty;

(2)

"agriculture"

means^thebasic^and

applied

scxences of soil and

water

management,

crop production

including production ^ofall

garden crops, animal

husbandry

Including veterinary ^and

dairy

scxence, fisheries,

forestry Including farm

forestry,

home

science,

agricultural engineering

and technology,

marketing, processing, co-operation, ^landuseand management ^andtheeconomic ^andsocral

uplift ^{of the}rural people;

(8)

"Authority

means

any Authority ^ofthe

University specxfied ^In

section ^9,

(4)

"Board^ofStudies" means^a

Boar-:1 ^of

StudIes ^of the

UniverSIty;

(5)

"Chancellor" means ^theChancellor^ofthe

Umversxty; 'PublishEd m the Gazette

Extraordinary

No.

400,

dated

13th September,

1971.

313

(6)

"college"

means ^a

constltuent

college ^oftheUni— versrty

whether located ^atthe

headquarters

campus ^orelse— where,

(7)

"Executlve Comm1ttee" means^theExecutive^Com— mlttee of the

Umversxty,

(8)

"extensxon educatron"

means ^the

educatlonal ttct1v1— tles

concerned wrth the

trammg

of

farmers

and home makers and other

groups semng agnculture

1n

Improved agncul— tural

practlces

and the vanous

phases

of sctentxfic

technology related to

agnculture

and

agncultural producllon

and

market— mg ^andmcludes demonstratron ^tocarry^thenew

technology and mnovatron to farms and farm homes

through

the De- partment

concerned^thhthe

subject

matter^ofthedemonstra- tron;

-

(9)

"Faculty"

means ^a

Faculty ^ofthe

Univers1ty;

(10)

"General Councnl" means^theGeneral Councrl ^of the

Universxty; (ll)

"hostel" means^a

place ^ofresldence^for

students of

the

Umversity,

mamtamed or

recogmsed

by

the

Umversrty, erther as

a

part of,

or

separate from,

a

college;

(12) "Leglslahve Assembly"

means^the

Legtslatrve Assembly ^{of the}

State,

(13)

"Officer" means^anOfficer^ofthe

Umversity specrfied ^msectlon^24orother person ^1nthe

employment ^of the

Umversfiy designated

as an Officer

by

the

Statutes;

(14)

"Ordmances" means^the

Ordmances ^{of theUni-} versrty ^madeunder ^{this Act;}

(15)

"prescrrbed"

means

prescrlbed by ^the

Slatutes made under

thls

Act,-

(16)

"Prmcxpal"

means^thechef

executive

officer ^of a

college

Wthl'l has

been,

or rs to

be,

taken over

by,

and IS to become ^a

constituent

college

of,

the

Umversxty

and refers only ^tothestatus^{of such an}

officer prlor ^tothe

college bemg

taken^over

by ^the

Unlversrty, ^andsuch

officer may have a dlfierent trtle under the

Umverstty

structure,

(17)

"Pro-chancellor"

means ^thePro—chancellor^ofthe Umversity;

(18)

"Pro-Vlce-Chancellor" means^the

Pro-Vrce—Chan— cellor ^of

the

Umverstty;

3M

(19)

"Registrar"

means^the

Registrar ^ofthe

University;

(20)

"Regulations"

means^the

Regulations ^oftheUni— verszty ^made

under^this

Act,

(21)

"Scheduled Castes"

means^theScheduled Castes spectfied ⁱⁿ

relation^{to the}State

undei Artlicle^341ofthe Constitution of

1ndia;

(22)

"Scheduled Tribes"

means^theScheduled Tubes spectfied ⁱⁿrelation^totheState under Article^{342 ofthe} Constitution of

India,

(23)

"State" means^the

State^of

Kei'ala,

(24)

"Stalutes'

means^theStatutes^ofthe

Universtty made under this

Act,

(25)

"student^ofthe

Unwersxty"

means ^a

person enrolled in the

UnIVEI'SltV ^for

taking ^a

course^of

study

for^a

degree, diploma ^orother academic distinction ^duly

instituted,

(26)

"leacher' means^a

person appomted ^or

recognised by ^the

UniverSity ^forthepurpose^of

imparting

instructions or

conducting

and

gUidmg

research or extensmn education programmes, ^andincludes^anyother person who^{may be} declared

by

the

Statutes

to be ^a

teacher,

(27)

"Umvei'Sity"

means^theKerala

Agricultural ^Uni- ver51ty

established ^and

incorporated

under^this

Act,

(28)

"Vice-Chancellor"

means^theVice—Chancellor^of the

University.

CHAPTER II

THE UNIVERSITY

3

Incorporation

of the

University.-—(l)

There

shall be established ^and

incorporated ^inand{orthe State^ofKerala a

Universtty by

the name "The Kerala

Agricultural Unweisxty"

which

shall conSist^ofa

Chancellor, ^a

Pro—Chancellor, ^a Vice-Chancellor, ^a

Pro—Vice-Chancellor, ^it

any, ^aGeneral CounCil, ^anExecutive

Committee, ^anAcademic Councd^and other authorities ^and

officers as^setforthⁱⁿthis Act^or

as provided ^intheStatutes. _

9t

315

(2) ^The

Umversrty

shall^bea

body corporate having perpetual

successron^andacommon^{seal and}shall^sueand be sued

by

the sand name.

(3) ^The

Unrversrty

shall^be

competent ^to

acqulre^and hold

property

both movable and

Immovable, ^to

tease,

sell or otherwrse transfer any movable or nnmovable

property whrch may have become

vested^{morhave been}

acqurred by ^rtforthepurpose^otthe

Umversrty, ^{and to}borrow

moneys from the Central

Government

or

any State Government ^or from any body corporate

approved by

the Government ^of Kerala and to contract and

to

do all other

thmgs

necessary for

the purposes of thls Act.

(4) ^Inallsunsand

other

legal proceedmgs by ^or agalnst ^the

Unlversrty, ^the

pleadmgs

shall ^be

stgned ^and verified

by

the

Reglstrar

and all processes

In such suits and proceedmgs

shall^belssued ^{to, and}served^on,the

Regrstrar.

(5) ^The

headquarters ^{of the}

University

shall^beat Mannuthy ^1ntheTnchur Helmet^and1t

may extend^toany contlguous

area.

4

Territorial

jurisdiction—(1)

Wrth

respect

to

teachmg at the

Unlversny

or

college

level,

and research and extension educattonal programmes ^m

the field of

agnculture,

the tern- torral

Jurlsdlctlon

and

responsrbrhty

of the

Umversrty

shall extend ^to

the entlre State

(2) ^The

Unrversrty may

assume

responsrbrhty ^forthe estabhshment,

development ^and

operation ^of

agrxcultural polytechmcs ^as

may^be

requlred ^m

varlous

parts ^{of the}State.

(3) ^All

colleges,

research ^and

expenmental

statlons and other mstxtutxons

commg

under the

jurisdictlon

and

autho- nty ^{of the}

Umversxty

shall^formconstrtuent^{unusof the} Umversxty

under ^thefull

management ^andcontrol^ofthe Officers and

Authorities

of

the

Umversity

and no

college, research or

expernnental

statron

or

other Instxtutron shall be recogmsed ^asanafi'ihated unrt.

5

Objects

of the

University.—The

followmg

shall be the objects ^ofthe

Universrty:—

(1)

makmg promslon^for

imparting

educatron^m

drfie— rent branches of

study, partrcularly agnculture,

hortlculture,

316

animal

husbandry including veterinary

and

dairy

science. co—operation, fisheries,

lorestry, agricultural engmeering, ^home science and other allied branches of

learning

and

scholarship,

(2) furthering ^theadvancement ^of

learning ^andpro- secution of

research,

particularly ⁱⁿ

agriculture

and other allied sciences;

(3) undertaking ^anextension education

programme; and

(4) ^Such

other purposes ^{as the}

UniverSity may^from time to^time

determine.

6. Admission ^tothe

University.—(1)

The

UniverSily shall,

subject ^totheprovistons^{ofthisAct andthe}

Statutes, be open

to all persons:

Provided that

nothing

in this section shall be deemed to

require the

UniverSity

to admit ^to

any

course

of

study any

person who

does^notmeetthe

prescribed

academic standards ^for

admisswn ^or

to

retain^on

the

rolls^oftheUni- verSity any

person

whose

academic records ^are

below ^the minimum standards

required

for the award

of^a

degree ^or diploma ^or

certificate, ^orwhose

personal

conduct^is-;.ich as to be inimical to the

appropriate righis

and

prwxleges

of other students ^and

staff, ^ortoadmit^to

any

course^of

study a

larger

number

of students than

can be

accommodated

With the available famlities ^of

the

University

and as determined

by the Academic Council

(2) Subject ^tothe

provisions ^ofsub—section ^{(1), the} Government may direct that the

UniverSity

shall reserve

in colleges

seats^for

Scheduled

Castes,

Scheduled Tribes^and Backward and Other Backward

Classes

as

notified from time to time and

candidates from other States and

Union te'rri- tones in India:

Prov1ded that

no such person shal'.

be entitled

to be admitted to the

UniverSity

unless

he or

she meets the standards ^{laid down}

by ^the

UniverSity

in

respect

of such candidates. 7i Powers and functions

of the

Uiiivcrsuty.—'l'he

Uni- verSity

shall^havethe

followmg powers^and

functions, namely.—

317

(1) ^to

provide ^forinstruction ⁱⁿ

agriculture ^andother allied

branches

of

learning ^asthe

Umverstty

may^deem

fit;

(2) ^tomakeprcViSions ^forconduct^ofresearch ⁱⁿ

agri- culture and

allied branches

of

learning;

(3) subject ^totheprovisions^ofsection ^{40, tomaxe} proviSions ^for

dissemination^ofthe

findings ^ofresearch ^and technical information

through ^anextensmn education pro- gramme;

(4) ^toinstitute

degrees, diplomas ^andother academic distinctions ;

(5) ^toinstitute

courses^of

study ^andholdexaminations for, ^andconfer

degrees, diplomas ^andother academic^dis- tinctions on,

persons who have—

(a) pursued ^a

prescribed

course^of

study; ^or (b)

carried^outsuchresearch^as

may^be

prescribed in the

University ^oraninstitution

recognised ⁱⁿthis behalf by ^the

University;

(6) ^toconfer^such

honorary degrees ^andother^dis- tinctions ^as

may

be

prescribed;

(7) ^to

prov1de

lectures^andinstructions^forfield workers,

Village

leaders ^andother persons ^notenrolled^as regular

students^ofthe

UniverSity ^andto

grant ^themsuch certificates as

may be

prescribed,

(8) ^to

co-operate ^With

other

UniverSities ^andauthori— ties in such

manner and for such purpose ^asthe

UniverSity may determine,

subject ^tothe limitations^setforth in^sec- tion

4;

(9) ^to

maintain

colleges

relating ^to

agriculture,

fisheries, dairying, veterinary medicme,

animal seience,^homeseience, agricultural engineering, forestry ^andallied seiences;

(10) ^tomaintain

laboratories, libraries,

research

stations, farms,

plantations,

institutions^and

museums^for

teaching, research and

extensmn

education;

(11) ^to

create

posts ^for

teaching,

research^andexten- Sion education

and to

appomt

persons

to such

posts;

(12) ^to

create administrative ^andother

posts ^andto appoint persons ^tosuch

posts;

(13) ^toinstitute^andaward

fellowships, scholarships and

prizes ⁱⁿaccordance With the

Statutes;

318

(14) ^to

fix,

demand ^and

receive^suchfeesandother charges ^as

may ^be

prescribed;

(15) ^toinstitute^andmaintain reSidential accommoda- tions for students and staff of the

UniverSity,

(16) ^tosupervise^andcontrol^the

reSidence.

conduct and

diSCipline

of ^thestudents

of the

UniverSity

and to make arrangements ^for

promoting

their health^and

welfare; ^..nd

(17) ^{to do allsuchactsand}

thingsI

whether Ineiderital to the powers and

functions

aforesaid or not as

may be necessary for the furtherance of the

objects

of

the

UniverSity- Provided ^that

nothing

containedⁱⁿ

this section shall^be deemed to authorise the

UniverSity

to

carry

out extension work in

the State

except

as

speCifically prov1ded

in this Act.

8 Visitation

and

inspection—(1)

The Government

shall have the

right

to cause an

inspection

to be made

by

such person ^or

persons ^asthe

Government^maydirect of the UniverSily, ^lls

buildings,

laboratories.

libraries,

museums, workshops ^and

equipments ^andany institution,

college ^or hostel maintained or administered

by

the

UniverSity,

of

the teaching ^and

other ^work

conducted

by ^the

Universny ^or under its

auspices

and of the conduct ^ofany other tunctions of

the

Universfly,

and to cause an

inquiry

to be made

in respect ^ofany

matter connected^Withthe

administration^and finances of the

University

(2) ^The

Government

shall,

before

causmg ^an

inspec— tion or

inquiry

to be made under sub—section

(1), give due notice to

the

UniverSity

of

Government's

intention to cause an

inspection

or

ianiry

to

be

made,

and the

UnlvéfSll)'

shall be

entitled to

appomi

a

representative

who shall have the right ^tobe

present ^andtobe

heard^atsuch

inspection ^or inquiry

(3) ^TheGovernment

shall communicate^totheUniver— Sity ^the

views^ofthe

Government ^With

reference^tothere sults of

such

inspection

or

ianiry,

and may, atter ascertain- mg the opinion thereon

of

the

Universny,

advtse the

Uni~ verSity upon^the

action ^tobetaken^{and fixa}

lili'IE'llmlt tor

taking

such

action

(4) ^The

UniverSity shall,

Within^thelime-limit^so fixed, i'eporl ^lothe

Goveinmeni^lheaction

which^hasbeen taken or

is

proposed

to be

taken on

the

:ierice tendered

by the

Government.

319

(5) ^TheGovernment may, where action ^hasnotbeen taken

by

the

Umversny

to the satisfaction

of the Govern- ment Within the time—limit

fixed,

after

consxdering any ^ex— planation

furnished ^or

representation ^made

by ^{the Unix}

eISity, issue such directions as the

Government may think

fit,

and the

UniverSity

shall

comply

With such directions.

(6)

Notwithstanding anything

contained ⁱⁿ

sub—sections

(1) ^to

(5), ^ifat

any ^timetheGovernment^areof

opinion that ^the

affairs of

the

UniverSity

are

not

managed

in fur- therance

of

the

objects

of

the

UniverSity,

or in

accordance With the prov1510ns^of

this

Act,

the

Statutes,

the Ordinances and the

Regulations,

or that

speCial

measures are desirable to maintain

the standards of

teaching

of the

University,

the Government may indicate to the

Universuy

any

matter

in regard ^towhich

they

dESlI'e^an

explanation ^andcallupon the

UniverSity

to offer such

explanation

Within such time as

may

be

specified by

the Government.

(7) ^{If the}

UniverSity

fails^tooffer any explanation Within the time

speCified

under

sub—section

(6)

or

ot'lers

an explanation

which^intheopinion^ofthe

Government^isun« satisfactory, ^theGovernment may

issue^suchinstructions as

appear

to them to be

necessary

and deswableⁱⁿ

the ^Cir- cumstances of the case and may

exerCise such powers

as they ^deemnecessary^forgivmg effect ^{to the}instructions

(8) ^The

Umverstty

shall

furnish^suchinformation^re— lating ^totheadministration^ofthe

Univei'Sity ^asthe

Govern- ment

may

require.

CHAPTER ^III

AUTHORITIES OF THE UNIVERSITY

9. Authorities

of

the

University—The

followmg

shall

be the

Authorities

of ^the

UniverSity, namely.—

(1) ^theGeneral

Council;

(2) ^theExecutive

Committee;

(3) ^theAcademic

Councnl;

(4) ^the

Faculties;

(5) ^theBoard^of

Studies ^ofeach

Faculty.

(6) ^suchother bodies^as

may^be

specified

by ^the Statutes ^{to be}

Authorities ^{of the}

UniverSity.

320

10. The General

Council.—(l)

The General

Council shall conSist of the

followmg

members, namely ^:— Ex ofiicio Members

(1) ^the

Chancellor;

(2) ^the

Pro-Chancellor;

(3) ^the

Vice-Chancellor;

(4) ^the

Pro—Vice-Chancellor, ^ifany;

(5) ^theSecretaries ^toGovernment ^inthe

Departments of

Agriculture, Development

and

Finance;

(6) ^the

Director^of

Agriculture,

(7) ^theDirector^ofAnimal

Husbandry,

(8) ^the

Director^of

Dairy Development;

(9) ^theDirector^of

Fisheries,

(10) ^theChief

Conservator ^of

Forests;

(11) ^the

Registiar ^of

Co-operative

Societies,

(12) ^theDeans^of

Faculties,

(13) ^theDirector^of

ExtenSion,

(14) ^theDirector^of

Research;

(15) ^theDirector^ofStudent Welfare Elected Members

(1) ^fourmembers elected

according ^{to the}

prinCiples of

proportional representation by

means of ^the

Single

trans— ferable ^vote

by ^the

Members

of ^the

Legislative Assembly from among themselves;

(2) ^twomembers

elected

by ^thestudents^ofthe

post- graduate

courses^inthe

UniverSity ^fromamong themselves,

(3) ^two

members elected

by ^thestudents ^{of the} graduate

courses^ofthe

UniverSity ^fromamong themselves,

(4) ^one

member elected

by ^thestudents^{of the}diploma courses and certificate courses of the

UniverSity

from among themselves,

(5) ^{notmore thanfour}

members elected

by ^theteachers (other ^than

Deans) ^of

Faculties ^from

among

themselves Prov1ded that not ^more

than one member shall be

elected from ^the

teachers ^ofa

Faculty, <1

2'

l

>-

4

vi

1

321

(6) ^onemember elected

by ^the

non-teaching

staff^of the

Universrty

from among themselves;

(7) ^onemember elected

by ^the

employees ^inthe research stations of the

University

from

among themselves;

(8) ^fourmembers elected

by ^thePresrdents^ofthe panchayats ^intheState^from

among themselves;

(9) ^onemember elected

by ^the

Mayors ^ofthemuni- cxpal corporations ^{and the}

Chairmen^ofthe

munimpal

councils in the State from among themselves; Members

nominated

by

the Chancellor

(1) ^two

agricultural

seientists;

(2) ^five

farmers;

(3) ^one

non-official

representative ^{fromeachofthe} followmg

sectors ^:— (a)

co-operatinn

; (b)

fisheries^; (c)

animal

husbandry

;

(4) ^one

non—official

representative ^ofthe

plantation industry ^{in the}

State,

(5) ^onewoman

social

worker;

(6) ^one

engineer ^whohas

specialised ⁱⁿ

agricultural engineering ^or

irrigation;

(7) ^one

educationist;

(8) ^two

members^to

represent agricultural

labour^cf whom one shall be

a

member of

a

Scheduled

Caste;

(9) ^onemember^to

represent ^the

plantation

labourⁱⁿ the

State; Other members

(1)

three members^to

represent

respectively ^theUni- versities of

Calicut,

Cochin and

Kerala. elected

by

the

Senates of the

respective Universities;

(2) ^one

representative ^{of the}Indian

CounCil^of

Agri- cultural Research.

11

Reconstitution of the General

Council.——(1)

The General Councxl

shall be

reconstituted

every three years. 3/23—21

322

(2) Every

member ^oftheGeneral Council other^than an ex ofiicio member

shall, subject

to the

provisions

of this Act and ^the

Statutes. ^holdoffice

until the ^next

reconstitu- tion of the General Council:

Provided that no member

nominated^orelectedⁱⁿhis capacity ^{as a}

membei^ofa

particular ^{body orasthe}holder of a

particular

ofl'ice shall^holdoffice^fora

longer

period than three months atter he has ceased to be such member or

holder

of such

otlice,

unless

in

the meanwhile he again becomes a member of that

body ^orthe holder

of that

office Provided further that where ^anelected ^or

nominated member of the General

Council

is

appomted temporarily

to any office

by

virtue 0'

which

he

is entitled ^tobe^amember of the General Councd ex

officio,

he shall cease to be such elected ^or

nominated

member, ^asthecase

may^be.

(3) ^Whena

person

ceases^{tobe a}

member ^ofthe General

COUnCli,

he shall cease to be a member of any of the Authorities of

the

UniverSity

of

which

he may happen to

be a member

by

virtue

of

his

membership

of the General Council.

12.

Powers

and functions of the General

Council.——(1) The General CounCiI shall

be the supreme authority

of

the UniverSIty ^andshall^havethepower ^toreview^theactions of the Executive Committee

and

the Academic Council save where

the

Executive Committee or

the Academic CounCil

has acted in accordance With the powers conferred upon

it

under this

Act,

the

Statutes,

the Ordinances or the

Regulations.

and shall exercise

all

the powers of the

University

not other- w15e

provided

for

by

this

Act

or the Statutes:

Provided that if any question

arises as to whether

the Executive

Committee or

the Academic Council has acted in accordance with such

powers

as

aforesaid or

not,

the

question shall be decided

by

the Chancellor and

his deCision shall be final.

(2) ^Saveas

otherwise

expressly

provided ^inthis

Act, ^the General Council shall

have

the

followmg powers. namely.—

(a) ^to

determine ^what

degrees,

diplomas ^andother academic

distinctions shall be

granted by

the

University:

(b) ^to

make,

amend^or

repeal

Statutes either of its

823

(c) ^tocancel^or

amend any Ordinance

passed by the Executive Committee or

any Regulation passed by

the Academic

Council;

(d) ^toinstitute

fellowships, scholarships,

student- ships,

bursaries,

medals ^andpri7es^and

organise exhibi- tions in

accordance With the

provtsions

of this

Act, the

Statutes,

the

Ordinances and the

Regulations,

(e) ^to

institute

professorships, readerships,

lecturer— ships ^{and such}

other

teaching ^or

research

posts ^asitmay deem

necessary;

(f) ^to

establish^andmaintain^suchinstitutions^as it may, from time to

time,

deem necessary;

(g) ^to

prescribe ^theterms ^andconditions^ofserVice of the

employees

of the

University;

(h) ^to

regulate

emoluments ^and

prescribe ^theduties and conditions of service

of

teachers;

(1) ^toreView^{andtake such}action^asit

may^deem fit on the annual

report

and the annual accounts of

the UniverSity

which shall^be

placed

before^it

by ^theExecutive Committee and to consider and pass the

budget according to the provmons of the

Statutes;

(j) ^to

cancel any degree,

diploma,

title^or

any other distinction

granted

to any

person

in

accordance with the pI'OVlSlOnS of the

Statutes;

(k) ^to

appomt

committees^{and to}

delegate ^tothem such functions of the General Council as it

may deem

fit;

(1) ^tomakeStatutes

regulating ^themethod^ofelec— tion to the Authorities ^ofthe

UniverSity,

the

procedure

at the

meetings

of the General

Council,

the Executive Committee and other Authorities of the

University

and

the quorum of members

required ^forthetransaction of busmess

by

the Authorities of the

UniverSity

other than the

General

Council;

(m) ^to

co-operate ^Withother UniverSities^andother authorities in such manner and for such purposes

as it may determine;

(n) ^toexerCise^suchother powers ^and

perform ^such other functions as

may^be

aSSigned ^toit

by ^this

Act

and the

Statutes. 3/23—2la