The Haryana and Punjab Agricultural Universities Act, 1970
An Act to provide for the establishment of two independent Agricultural Universities in place of the Punjab Agricultural University constituted by the Punjab Agricultural University Act, 1961, and for matters consequential on, or connected with the establishment of those independent Agricultural Universities. WHEREAS, for the development of agriculture in the States of Haryana and Punjab, it is expedient to provide for the establishment of two independent Agricultural Universities in place of the Punjab Agricultural University constituted by the Punjab Agricultural University Act, 1961; AND WHEREAS, the Legislatures of the States of Haryana and Punjab have passed resolutions in terms of clause (1) of article 252 of the Constitution in relation to the above-mentioned matter and matters ancillary thereto in so far as such matters are matters enumerated in List II in the Seventh Schedule to the Constitution; BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:--
CHAPTER I : PRELIMINARY
Section 1: Short title and commencement.
(1) This Act may be called the Haryana and PunjabAgricultural Universities Act, 1970.
(2) It shall be deemed to have come into force on the 2nd day of February, 1970.
Section 2: Definitions.
In this Act, and in all Statutes made thereunder, unless the context otherwiserequires,--
(a) "Academic Council" means, in relation to a corresponding University, the Academic Councilof that University;
(b) "agriculture" includes the basic and applied science of soil and water management, crop andlive-stock production and management, home sciences and the betterment of rural people;
(c) "appropriate Government" means,--
(i) in relation to the Haryana Agricultural University, the Government of the State ofHaryana;
(ii) in relation to the Punjab Agricultural University, the Government of the State of Punjab;
(d) "Board", in relation to a corresponding University, means the Board of Management of thatUniversity;
(e) "college" means a constituent college of a corresponding University;
(f) "corresponding University" means,--
(i) in relation to the territories to which the functions of the Haryana Agricultural Universityextend, that University;
(ii) in relation to the territories to which the functions of the Punjab Agricultural Universityextend, that University;
(g) "existing University" means the Punjab Agricultural University constituted by section 3 of thePunjab Agricultural University Act, 1961 (Punjab Act 32 of 1961);
(h) "library" means a library established or maintained by a corresponding University;
(i) "prescribed" means prescribed by the Statutes of a corresponding University;
(j) "Statutes" and "Regulations" mean, respectively, the Statutes and Regulations made by acorresponding University under this Act;
(k) "transferred territories" means the territories added to the Union territory of Himachal Pradeshby sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966);
(l) "Vice-Chancellor" means the Vice-Chancellor of a corresponding University.
CHAPER II : ESTABLISHMENT OF CORRESPONDING UNIVERSITIES
Section 3: Dissolution of the existing University and establishment of Haryana and Punjab Agricultural Universities.
As from the commencement of this Act, the existing University shall stand dissolved andthere shall be established in its place two independent Agricultural Universities, to be known respectivelyas the Haryana Agricultural University and the Punjab Agricultural University.
Section 4: Incorporation.
(1) Each of the Agricultural Universities mentioned in section 3 shall be a bodycorporate having perpetual succession and a common seal with power to acquire, hold and dispose ofproperty, and to contract, and may, by its name, sue and be sued.
(2) Each body corporate referred to in sub-section (1) shall consist of the Chancellor and theVice-Chancellor of that University, the members of the Board, the Academic Council and all persons,who may hereafter become or be appointed as such officers or members, so long as they continue to holdsuch office or membership.
Section 5: Territorial limits.
(1) The Haryana Agricultural University shall function within the territoriesof the State of Haryana and the Punjab Agricultural University shall function within such other territoriesto which the functions of the existing University extended immediately before the commencement of thisAct:
Provided that on the establishment of a University in the Union territory of Himachal Pradesh, thePunjab Agricultural University shall cease to function in the transferred territories.
(2) Until a University is established in the Union territory of Himachal Pradesh, the AgriculturalCollege at Palampur in the transferred territories shall, notwithstanding the dissolution of the existingUniversity, continue to be a college of the Punjab Agricultural University and shall cease to be suchcollege on the establishment of a University in those territories.
(3) On the establishment of a University in the Union territory of Himachal Pradesh, the assets andliabilities of the Punjab Agricultural University pertaining to the Agricultural College at Palampur, allresearch, training and extension centres, and any other property, of the Punjab Agricultural Universitylocated in the said Union territory shall stand transferred to, and shall vest in, such University.
Section 6: Headquarters.
(1) The headquarters of the Haryana Agricultural University shall be at Hissar,and the headquarters of the Punjab Agricultural University shall be at Ludhiana, or at such other place asthe appropriate Government may direct.
(2) Each corresponding University shall establish an office at the place at which the seat of theappropriate Government is located.
Section 7: Objects of corresponding University.
Each corresponding University shall be deemed to beestablished and incorporated for the following objects, namely:--
(a) making provision for imparting education in different branches of study, particularlyagriculture, veterinary and animal science, agricultural engineering, home sciences and other alliedsciences;
(b) furthering the advancement of learning and prosecution of research, particularly in agricultureand other allied sciences;
(c) undertaking the extension of such sciences to the rural people of the territories within whichthe University is required by this Act to function;
(d) such other purposes as the appropriate Government may, by notification in the OfficialGazette, direct.
Section 8: Admission to a corresponding University.
(1) Each corresponding University shall, subject tothe provisions of this Act and the Statutes, be open to all persons:
Provided that nothing herein shall require any such University to admit to any course of study anumber of students larger than the prescribed number.
(2) The appropriate Government may direct the corresponding University to reserve in any collegeseats for women, Scheduled Castes, Scheduled Tribes or such educationally backward classes of citizensas may be specified by that Government in this behalf, and where such direction has been given, thecorresponding University shall make the reservations accordingly:
Provided that no such person shall be entitled to be admitted to a corresponding University unless hemeets the standards laid down by the corresponding University.
Section 9: Powers of a corresponding University.
Each corresponding University shall have the followingpowers, namely:--
(a) to provide for graduate and post-graduate instructions in agriculture, veterinary and animalsciences, agricultural engineering, home sciences and other allied sciences and in such other branchesof learning as the University may deem fit;
(b) to make provision for instructions in applied fields, research and the dissemination of thefindings of research and technical information through an extension education programme;
(c) to institute degrees, diplomas and other academic distinctions;
(d) to hold examinations and to grant and confer degrees, diplomas and other academicdistinctions to and on persons who shall have--
(i) pursued a prescribed course of study; or
(ii) carried out research in the University, or in an institution recognised in this behalf by theUniversity, under the prescribed conditions;
(e) to confer honorary degrees or other distinctions in the prescribed manner and under theprescribed conditions;
(f) to provide lectures and instructions for field workers, village leaders and other persons notenrolled as regular students of the University and to grant certificates to them when deemed desirable;
(g) to co-operate with other Universities and authorities in such manner and for such purposes asthe University may determine;
(h) to institute teaching, research and extension education posts required by the University and toappoint persons to such posts;
(i) to create administrative, ministerial and other posts and to make appointments thereto;
(j) to institute and award fellowships, scholarships and prizes in accordance with the Statutes;
(k) to institute and maintain residential accommodation for students of the University;
(l) to supervise and control the residential accommodation and to regulate the discipline of thestudents of the University and to make arrangements for promoting their health and welfare;
(m) to institute and receive such fees and other charges as may prescribed; and
(n) to do all such acts and things, whether incidental to the powers aforesaid or not, as may berequisite in order to further the objects of the University.
Section 10: Visitations.
(1) The Chancellor of a corresponding University may cause an inspection to bemade by such person as he may direct, of the corresponding University, its buildings, laboratories, andequipment and of any institution maintained by that University, and may cause an inquiry to be made inrespect of any matter connected with the administration and the finances of that University.
(2) The Chancellor of a corresponding University shall, in every case, give notice to the University ofhis intention to cause an inspection or inquiry to be made, and, on receipt of such notice, that Universityshall be entitled to appoint a representative who shall have the right to be present, and heard, at suchinspection or inquiry..
(3) The Chancellor of a corresponding University may address the Board of the University withreference to the result of such inspection or inquiry with such advice as he may offer regarding the actionto be taken..
(4) The Board shall communicate to the Chancellor such action as it proposes to take or has taken asthe result of such inspection or inquiry..
(5) If the Board does not, within a reasonable time, take action to the satisfaction of the Chancellor,he may, after considering any explanation furnished or representation made by the Board, issue suchdirections as he may deem fit, and the Board shall comply with such directions.
CHAPTER III : MANAGEMENT OF A CORRESPONDING UNIVERSITY
Section 11: Authorities and officers of a corresponding University.
The following shall be the authoritiesand officers of each corresponding University, namely:--
(a) Authorities of a corresponding University--
(i) Board;
(ii) Academic Council;
(iii) Board of Studies; and
(iv) Such other authorities as may be declared by the Statutes to be authorities of theUniversity.
(b) Officers of the corresponding University--
(i) Chancellor;
(ii) Vice-Chancellor;
(iii) Dean of Post-Graduate Studies;
(iv) Deans of the colleges;
(v) Director of Research;
(vi) Director of Agricultural Extension Education;
(vii) Director of Students Welfare;
(viii) Registrar;
(ix) Comptroller;
(x) Estate Officer;
(xi) Librarian; and
(xii) Such other persons in the service of the University as may be declared by the Statutes tobe officers of the University.
Section 12: Chancellor.
(1) The Governor of the State of Haryana shall be the Chancellor of the HaryanaAgricultural University and the Governor of the State of Punjab shall be the Chancellor of the PunjabAgricultural University.
(2) The Chancellor of a corresponding University shall, by virtue of his office, be the Head of thatUniversity and shall, when present, preside at a convocation of that University.
(3) The Chancellor of a corresponding University shall have such other powers as are specified in thisAct or as may be prescribed.
Section 13: Constitution, powers and duties of the Board of a corresponding University.
(1) Theappropriate Government shall, within a period of one year from the commencement of this Act, establisha Board for the management of the corresponding University.
(2) The Board of the Haryana Agricultural University shall consist of--
(a) the Vice-Chancellor;
(b) the Chief Secretary to the Government of the State of Haryana;
(c) the Secretaries to the Government of the State of Haryana in the Departments of--
(i) Agriculture;
(ii) Finance; and
(iii) Community Development;
(d) persons, not being officials, appointed by the Government of the State of Haryana fromamongst the following categories of persons, namely:--
(i) one from amongst persons who are, in the opinion of that Government, eminentagricultural scientists with a background of agricultural research or education;
(ii) two from amongst persons who are, in the opinion of that Government, progressivefarmers or live-stock breeders having experience of, and interest in scientific farming and livestock improvement;
(iii) one from amongst persons who are, in the opinion of that Government, distinguishedindustrialists, businessmen, manufacturers or live-stock breeders, associated with agriculturaldevelopment; and
(iv) one from amongst women who are, in the opinion of that Government, outstanding socialworkers, preferably with a background of rural advancement.
(3) The Board of the Punjab Agricultural University shall consist of--
(a) the Vice-Chancellor;
(b) the Chief Secretary to the Government of the State of Punjab;
(c) the Secretaries to the Government of the State of Punjab in the Departments of--
(i) Agriculture; and
(ii) Finance;
(d) the Director of Agriculture, Punjab;
(e) the Director of Animal Husbandry, Punjab;
(f) one nominee of the Indian Council of Agricultural Research;
(g) two nominees of the Government of the Union territory of Himachal Pradesh;
(h) persons, not being officials, appointed by the Government of the State of Punjab fromamongst the following categories of persons, namely:--
(i) two from amongst persons who are, in the opinion of that Government, eminentagricultural scientists with a background of agricultural research or education;
(ii) two from amongst persons who are, in the opinion of that Government, progressivefarmers or live-stock breeders having experience of, and interest in, scientific farming andlive-stock improvement;
(iii) one from amongst persons who are, in the opinion of that Government, distinguishedindustrialists, businessmen, manufacturers or live-stock breeders, associated with agriculturaldevelopment; and
(iv) one from amongst women who are, in the opinion of that Government, outstanding socialworkers, preferably with a background of rural advancement.
(4) The Board of the Haryana Agricultural University shall associate with its meeting the followingpersons as technical advisers, but the persons so associated shall not be entitled to vote at any suchmeeting.--
(a) the Director of Agriculture, Haryana;
(b) the Director of Animal Husbandry, Haryana; and
(c) two officers appointed by the Board of that University from amongst the Deans or Directors ofthat University.
(5) The term of office of the members of the Board, other than the official members, shall be threeyears:
Provided that two members of the Board, not being official members, shall retire at the end of eachyear.
(6) The members of the Board, other than the official members, shall determine, by lots, the memberswho shall retire at the end of each year.
(7) A member of the Board may resign his office by a notice in writing, addressed to the Chancellorof the corresponding University.
(8) If, for any reason, a vacancy occurs in the office of a member of the Board, the appropriateGovernment may fill the vacancy by appointing another person thereto in accordance with the provisionsof this section.
(9) No act or proceeding of the Board shall be invalid merely on the ground of the existence of anyvacancy in, or defect in the constitution of, such Board.
(10) Four members of the Board, in the case of the Haryana Agricultural University, and fivemembers of the Board, in the case of the Punjab Agricultural University, shall be a quorum for a meetingof the Board:
Provided that if a meeting of the Board is adjourned for want of a quorum, no quorum shall benecessary at the next meeting for the transaction of the same business.
(11) The Chancellor shall be the Honorary Chairman of the Board and the Vice-Chancellor, theWorking Chairman.
(12) The members of the Board shall not be entitled to receive any remuneration for the performanceof their functions under this Act except such daily and travelling allowances as may be prescribed:
Provided that nothing herein shall affect the emoluments or other conditions of service of theVice-Chancellor.
(13) On the commencement of this Act, the members of the Board of Management of the existingUniversity shall be deemed to have vacated their offices as such.
Section 14: Powers and duties of the Board.
The powers and duties of the Board shall be as follows:--
(a) to approve the budget submitted by the Vice-Chancellor;
(b) to hold and control the properly and funds of the University and issue any general directive onbehalf of the University;
(c) to accept or transfer any property on behalf of the University;
(d) to administer funds placed at the disposal of the University for specific purposes;
(e) to invest moneys belonging to the University;
(f) to appoint the officers, teachers and other employees of the University in the prescribedmanner;
(g) to direct the form and use of the common seal of the University;
(h) to appoint such committees as it may deem necessary for its proper functioning;
(i) to borrow money for capital improvements and make suitable arrangements for its repayment;
(j) to appoint the Vice-Chancellor subject to the provisions of section 15;
(k) to meet at such times and as often as the Board may deem necessary:
Provided that regular meetings of the Board shall be held at least once in every two months;
(l) to regulate and determine all matters concerning the University in accordance with this Actand the Statutes, and to exercise such powers and to discharge such duties as may be conferred on orimposed upon the Board by this Act or the Statutes.
Section 15: The Vice-Chancellor.
(1) The Vice-Chancellor shall be a whole-time officer of thecorresponding University and shall be appointed by the Board in the prescribed manner:
Provided that where the members of the Board are not unanimous with regard to the selection of theperson proposed to be appointed as the Vice-Chancellor, the appointment shall be made by the Chancellorof the concerned corresponding University:
Provided further that the first Vice-Chancellor of the Haryana Agricultural University shall beappointed by the Government of the State of Haryana:
Provided also that the person holding office immediately before the commencement of this Act as theVice-Chancellor of the existing University shall be deemed to be the first Vice-Chancellor of the PunjabAgricultural University and shall hold such office for the unexpired portion of his term of office as theVice-Chancellor of the existing University.
(2) The term of office of the Vice-Chancellor shall be four years and he shall be eligible forre-appointment.
(3) The emoluments and other condition; of service of the Vice-Chancellor shall be such as may beprescribed and shall not be varied to his disadvantage after his appointment.
(4) When a vacancy occurs, or is likely to occur, in the office of the Vice-Chancellor by reason ofleave taken by the Holder of such office or any cause other than the expiry of the term of office, theRegistrar shall report the fact forthwith to the Board, and such vacancy shall be filled in accordance withthe provisions of sub-section (1).
(5) Until the vacancy is filled under sub-section (4) or until such time as the Board designates anacting Vice-Chancellor, the senior-most Dean, in the case of the Haryana Agricultural University, or theRegistrar, in the case of the Punjab Agricultural University, as the case may be, shall carry on the currentduties of the office of the Vice-Chancellor.
(6) The Vice-Chancellor may relinquish office by resignation in writing addressed to the Board andordinarily delivered to the Secretary of the Board at least two months prior to the date on which theVice-Chancellor wishes to be relieved.
Section 16: Powers and duties of the Vice-Chancellor.
(1) The Vice-Chancellor shall be the principalexecutive and academic officer of the corresponding University and the Chairman of the AcademicCouncil and shall, in the absence of the Chancellor, preside at a convocation of the correspondingUniversity and shall confer degrees on persons entitled to receive them.
(2) The Vice-Chancellor shall exercise control over the affairs of the corresponding University andshall be responsible for the due maintenance of discipline at that University.
(3) The Vice-Chancellor shall convene meetings of the Academic Council unless he temporarilydelegates this power to some other officer of the corresponding University.
(4) Without prejudice to the powers conferred by this Act on the appropriate Government, theVice-Chancellor shall ensure the faithful observance of the provisions of this Act and the Statutes and heshall exercise all such powers as may be necessary in that behalf.
(5) The Vice-Chancellor shall be responsible for the presentation of the budget and the statement ofaccounts to the Board.
(6) In any emergency, which, in the opinion of the Vice-Chancellor, requires immediate action to betaken, he shall take such action as he deems necessary and shall, at the earliest opportunity, report theaction taken to the officer, authority or other body for confirmation who or which in the ordinary coursewould have dealt with the matter, but nothing in this sub-section shall be deemed to empower theVice-Chancellor to incur any expenditure not duly authorised and provided for in the budget.
(7) Where any action by the Vice-Chancellor under sub-section (6) affects any person in the serviceof the corresponding University to his disadvantage, such action shall not be taken unless the personconcerned has been given a reasonable opportunity of being heard, and the person against whom anyaction is proposed to be taken may prefer an appeal to the Board within thirty days of the date on whichthe action proposed to be taken against him is communicated to him.
(8) Subject as aforesaid, the Vice-Chancellor shall give effect to the orders of the Board regarding theappointment, suspension and dismissal of officers, teachers and other employees of the correspondingUniversity.
(9) The Vice-Chancellor shall be responsible for the close co-ordination and integration of teaching,research and extension education.
(10) The Vice-Chancellor shall exercise such other powers as may be prescribed.
(11) The salary and allowances payable to the officers, teachers and other employees of thecorresponding University shall be determined by the Vice-Chancellor with the approval of the Board.
Section 17: The Registrar.
(1) The Registrar of a corresponding University shall be a whole-time office ofthat University and shall be appointed by the Vice-Chancellor of that University with the approval of theBoard.
(2) The Registrar of a corresponding University shall receive such remuneration and otheremoluments as may be prescribed and shall not, during the tenure of his office, accept any remunerationor emolument other than the prescribed remuneration or emolument.
(3) The powers and duties of the Registrar of a corresponding University shall be as follows:--
(a) to be responsible for the custody of the records and the common seal of the University;
(b) to be the ex officio Secretary to the Academic Council and to the Board and to place beforesuch Council and Board all such information as may be necessary for the transaction of business ofthe Council or the Board, as the case may be;
(c) to receive applications for admission into the University;
(d) to keep a permanent record of all syllabi, curricula and informations connected therewith;
(e) to make arrangements for the conduct of such examinations as may be prescribed and to beresponsible for the due execution of all processes connected therewith;
(f) to perform such other duties as may be prescribed or required, from time to time, by theVice-Chancellor.
Section 18: Comptroller.
(1) The Comptroller of a corresponding University shall be a whole-time officerof that University and shall be appointed by the Vice-Chancellor of that University with the approval ofthe Board.
(2) The Comptroller shall manage the property and investments of the corresponding University andadvise it in regard to its financial policy.
(3) The Comptroller shall be responsible to the Vice-Chancellor for all accounting matters of thecorresponding University including the preparation and presentation of its Budget and statement ofaccounts.
(4) The Comptroller shall receive such remuneration as may be prescribed and shall not, during thetenure of his office, receive any remuneration or other emolument other than the prescribed remuneration.
(5) The Comptroller shall--
(a) ensure that expenditure, not authorised in the budget, is not incurred by the correspondingUniversity except by way of investment; and
(b) disallow any expenditure not warranted by the terms of any Statute or for which provision isrequired to be made by the Statute but has not been so made.
(6) All moneys belonging to the corresponding University shall be kept in a Scheduled Bankapproved by the Board.
Section 19: The Estate Officer.
The Estate Officer of a corresponding University, who shall be appointedby the Vice-Chancellor with the approval of the Board, shall be responsible for the custody, maintenanceand management of all the buildings, lawns, gardens and other properties of the University.
Section 20: Director of Student Welfare.
(1) The Director of Student Welfare of a correspondingUniversity shall be a whole-time officer of that University and shall be appointed by the Vice-Chancellorwith the approval of the Board.
(2) The Director of Student Welfare shall have the following duties, namely:--
(a) to make arrangements for the housing of students;
(b) to direct a programme of student-counselling;
(c) to arrange for the employment of students in accordance with the plans approved by theVice-Chancellor;
(d) to supervise the extra-curricular activities of students;
(e) to assist in the placement of graduates of the University; and
(f) to organise and maintain contact with the Alumni Association of the University.
Section 21: Deans of colleges.
(1) Each college shall have a Dean who shall be a whole-time officer andshall be appointed by the Vice-Chancellor with the approval of the Board.
(2) The Dean shall be responsible to the Vice-Chancellor for all matters concerning his college.
(3) The Dean shall be responsible for the organisation and the conduct of resident instruction of theDepartments of the college.
Section 22: The Librarian.
(1) The Librarian of a corresponding University shall be appointed by theVice-Chancellor with the approval of the Board and shall be in charge of the library.
(2) The Librarian shall be responsible to the Vice-Chancellor for all matters concerning the library.
Section 23: Academic Council.
(1) The Academic Council shall be in charge of the academic affairs of theUniversity and shall, subject to the provisions of this Act and the Statutes, superintend, direct and control,and be responsible for the maintenance of standards of instruction, education and examinations and other matters connected with the obtaining of degrees and shall exercise such other powers and perform suchother duties as may be prescribed.
(2) Without prejudice to the generality of the foregoing power, the Academic Council shall havepower--
(a) to advise the Vice-Chancellor on all academic matters, including the control and managementof the libraries;
(b) to co-opt at its meetings such Heads of Departments as it may consider necessary;
(c) to make recommendations to the Vice-Chancellor for the institution of the Professorships,Associate Professorships, Assistant Professorships and teacherships and other teaching posts and inregard to the duties and emoluments thereof;
(d) to formulate, modify or revise schemes for the constitution or reconstitution of departments ofteaching, research and extension;
(e) to make regulations regarding the admission of students to the University;
(f) to make regulations regarding examinations conducted by the University and the conditions onwhich students shall be admitted to such examinations;
(g) to make regulations relating to courses of study leading to degrees, diplomas and certificates;
(h) to make recommendations regarding post-graduate teaching, research and extension;
(i) to make recommendations regarding the qualifications to be prescribed for teachers in theUniversity;
(j) to exercise such other powers and perform such other duties as may be conferred or imposedon it by or under the provisions of this Act.
(3) The Academic Council shall consist of--
(a) the Vice-Chancellor;
(b) the Deans of the colleges of the University;
(c) the Dean of Post-Graduate Studies;
(d) the Director of Extension Education;
(e) the Director of Research;
(f) the Head of one Department from each college, to be selected by the respective college.
(4) The term of office of the members specified in clause (f) of sub-section (3) shall be two years.
CHAPTER IV : COLLEGES
Section 24: The colleges.
(1) The following colleges shall be the constituent colleges of the HaryanaAgricultural University, namely:--
(a) the College of Agriculture at Hissar;
(b) the College of Veterinary Medicine at Hissar;
(c) the College of Animal Sciences at Hissar;
(d) the College of Basic Sciences and the Humanities and such other colleges as may beestablished by the University after the commencement of this Act; and
(e) such Central Government institutions of agricultural research, technical and extensioneducation in the State of Haryana as may desire to be integrated as colleges of the HaryanaAgricultural University.
(2) The following colleges shall be the constituent colleges of the Punjab Agricultural University,namely:--
(a) the College of Agriculture at Ludhiana;
(b) the College of Agricultural Engineering at Ludhiana;
(c) the College of Basic Sciences and the Humanities at Ludhiana;
(d) the College of Home Sciences at Ludhiana;
(e) the College of Veterinary Medicine at Ludhiana;
(f) until a University is established in the Union territory of Himachal Pradesh, the AgriculturalCollege at Palampur;
(g) such other colleges as may be established by the University after the commencement of thisAct; and
(h) such Central Government institutions of agricultural research, technical and extensioneducation in the State of Punjab as may desire to be integrated as colleges of the Punjab AgriculturalUniversity.
(3) (a) There shall be a Board of Studies for each college of a corresponding University and wherethere is more than one college in a branch of learning, there may be one Board of Studies for all thecolleges in that branch of learning.
(b) The Deans of various colleges shall be the Chairmen of the respective Boards of Studies and theHeads of Departments of the colleges shall be members thereof.
(c) Where there is a Board of Studies for more than one college in a branch of learning, the Deansshall act as Chairmen of the Board of Studies by rotation according to seniority for a period of one yeareach.
(d) The Vice-Chancellor may nominate to the Board of Studies such other teachers of related subjectsor sciences from the same or other colleges, as he may deem fit.
(e) The duties of such Boards of Studies shall be to prescribe syllabi so as to ensure integrated andwell-balanced courses of study.
(4) Every college shall comprise such Departments as may be prescribed and each Department shallbe assigned such subjects of study as the Academic Council may deem fit.
(5) There shall be a Head of each Department who shall be responsible to the Dean, for residentinstruction, to the Director of Research, for research, and to the Director of Extension Education, forextension education.
(6) The Head of each Department shall be selected by the Vice-Chancellor and appointed by him withthe approval of the Board.
(7) The duties, powers and functions of the Heads of Departments shall be such as may be prescribed.
Section 25: Experiment Stations for research.
(1) Subject to the provisions of this Act and the Statutes,Experiment Stations shall be established under each corresponding University, which shall be responsiblefor research, both fundamental and applied, and research activities shall be concentrated as far as possibleat the Central Research Stations and other Regional Research and Testing Stations in the differentagro-climatic zones of the State.
(2) There shall be a Director of Research in each corresponding University, who shall be responsibleto the Vice-Chancellor and who shall be appointed by the Vice-Chancellor in consultation with the Deansand with the approval of the Board.
(3) The Director of Research shall be a whole-time officer trained in Agriculture and shall initiate,guide and co-ordinate the research programme of the corresponding University and its outlyingsub-stations.
Section 26: Agricultural Extension Education.
(1) In relation to the territories to which the functions of acorresponding University extend, such University shall be responsible for--
(a) the agricultural extension functions which are primarily educational in nature; and
(b) imparting training to the future Extension Officers for the National Extension Blocks andinstructors for the Extension Training Centres.
(2) All Extension Specialists, in relation to any subject-matter, shall be the members of the staff oftheir respective subject-matter sections in each corresponding University and work in close co-ordinationwith the Departments of Agriculture, Development and Co-operatives.
(3) The Director of Extension Education shall be a whole-time officer technically trained inagriculture and shall be appointed by the Vice-Chancellor in consultation with the Deans and with theapproval of the Board.
(4) The Director of Extension Education shall be responsible to the Vice-Chancellor and shalldevelop programmes for assisting farmers and housewives in applying results of scientific investigationsto the solution of their problems.
CHAPTER V : SERVICES
Section 27: Retirement and other conditions of services.
The age of retirement and other conditions ofservice of every officer, teacher or other employee of a corresponding University shall be such as may beprescribed.
Section 28: Provident fund.
Each corresponding University shall constitute gratuity and provident fund forthe benefit of its officers, teachers and other employees in such manner, and subject to such conditions, asmay be prescribed.
Section 29: Appointment of salaried officers.
Subject to the provisions of this Act, the members of thetechnical staff of a corresponding University shall be selected by the Head of the Department inconsultation with the members of the Department concerned, recommended by the Dean or the Directorof Research or the Director of Extension Education, as the case may be, and appointed by theVice-Chancellor with the approval of the Board.
Section 30: Temporary arrangements.
The Vice-Chancellor may, until such time as the authorities of thecorresponding University are duly constituted, temporarily appoint any such officer of that University assuch University is authorised by this Act to appoint.
CHAPTER VI : STATUTES AND REGULATIONS
Section 31: Statutes.
Subject to the provisions of this Act, the Statutes of a corresponding University mayprovide for any matter and shall, in particular, provide for the following:--
(a) the constitution, powers and duties of the authorities of the University;
(b) the election, appointment, and continuance in office of the members of the authorities of theUniversity and of the officers, teachers and other employees of the University including the filling upof vacancies and all other matters relating to these authorities and officers, teachers and otheremployees for which it may be necessary or desirable to provide;
(c) the designation, the manner of appointment, the powers, and the duties of the officers of theUniversity;
(d) the classification and the manner of appointment of teachers;
(e) the constitution of gratuity or provident fund or both for the benefit of officers, teachers andother employees of the University;
(f) the institution of degrees and diplomas;
(g) the conferment of honorary degrees;
(h) the establishment, amalgamation, sub-division and abolition of Departments;
(i) the establishment, and the abolition of hostels maintained by the University;
(j) the institution of fellowships, scholarships, medals and prizes;
(k) the maintenance of a register of graduates;
(l) the admission of students to the University and their enrolment and continuance as such;
(m) the courses of study to be laid down for degrees and diplomas of the University;
(n) the conditions under which students shall be admitted to the degree, diploma or other coursesand the manner in which the examinations are to be held and the eligibility for the award of degreesand diplomas;
(o) the conditions of residence of the students of the University and the levy of fees for residencein hostels maintained by the University;
(p) the recognition and supervision of hostels not maintained by the University;
(q) the number, qualifications, emoluments, and other conditions of service of officers, teachersand other employees of the University and the preparation and the maintenance of record of theirservices and activities;
(r) the fees which may be charged by the University;
(s) the remuneration and allowances, including travelling and daily allowances, to be paid topersons employed on the business of University;
(t) the conditions for the award of fellowships, scholarships, medals and prizes, stipends and feeconcessions;
(u) all other matters which by this Act are to be or may be provided for by the Statutes.
Section 32: Statutes how made.
(1) The Statutes made by the existing University under section 30 of thePunjab Agricultural University Act, 1961 (Punjab Act 32 of 1961), and in force immediately before thecommencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act, andsubject to such adaptations and modifications as may be notified by the appropriate Government, be thefirst Statutes of a corresponding University.
(2) The Board may, from time to time, make new or additional Statutes and may amend or repeal theStatutes in the manner hereinafter provided in this section.
(3) The Academic Council may propose to the Board the draft of Statutes and such draft shall beconsidered by the Board at its next meeting:
Provided that the Academic Council shall not propose the draft of any Statute or any amendment of aStatute affecting the status, powers or constitution of any authority of the University until such authorityhas been given an opportunity to express its opinion upon the proposal, and any opinion so expressedshall be considered by the Board.
(4) The Board may consider any such draft as is referred to in sub-section (3) and pass the proposedStatute or reject or return it to the Academic Council for re-consideration, either in whole or in part,together with any amendment which it may suggest.
(5) (a) Any member of the Board may propose to the Board the draft of any Statute and the Boardmay either accept or reject the proposal if it relates to a matter not falling within the purview of theAcademic Council.
(b) In case such a draft relates to a matter within the purview of the Academic Council, the Boardshall refer it for consideration to the Academic Council, which may either report to the Board that it doesnot approve the proposal, which, then, shall be deemed to have been rejected by the Board or submit thedraft 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 submitted by any member of the Board as they apply in the case of adraft presented to the Board by the Academic Council.
Section 33: Regulations.
(1) Any authority of a corresponding University may make Regulations consistentwith this Act and the Statutes for--
(a) laying down the procedure to be observed at its meetings and the number of members requiredto form a quorum;
(b) providing for all matters which by this Act and the Statutes are to be provided for by theRegulations; and
(c) providing for any other matter solely concerning the authority and not provided for by this Actand the Statutes.
(2) Every authority of the corresponding University shall make Regulations providing for the givingof notice to the members of such authority of the dates of meetings and of the business to be transacted atmeetings and for keeping of records of the proceedings of the meetings.
(3) The Academic Council may, subject to the provisions of the Statutes, make Regulations providingfor courses of study, system of examinations, and degrees and diplomas of a corresponding Universityafter receiving drafts of the same from the Board of Studies concerned.
(4) The Academic Council may not alter a draft received from the Board of Studies, but may reject orreturn it to the Board of Studies for further consideration together with the suggestions of the AcademicCouncil.
(5) The Board may direct the amendment, in such manner as it may specify, of any Regulation madeunder this section or the annulment of any Regulation made under sub-section (1).
(6) Notwithstanding anything contained in this section, the Regulations made by the existingUniversity under section 31 of the Punjab Agricultural University Act, 1961 (Punjab Act 32 of 1961) andin force immediately before the commencement of this Act shall, in so far as they are not inconsistentwith the provisions of this Act and subject to such adaptations and modifications as may be notified bythe appropriate Government, be the first Regulations of each corresponding University.
CHAPTER VII : ACCOUNTS AND AUDIT
Section 34: Accounts and audit.
(1) Each corresponding University shall have a general fund to whichshall be credited--
(a) income from fees, endowments and grants and from properties of the University includingHostels, Experiment Stations and Farms;
(b) contributions and grants which may be made by the appropriate Government on suchconditions which it may impose; and
(c) other contributions, grants, donations and benefactions.
(2) Each corresponding University shall constitute a Finance Committee consisting of--
(a) the Vice-Chancellor;
(b) the Comptroller;
(c) a member chosen by the Board from amongst the official members;
(d) a member chosen by the Board from amongst the non-official members.
(3) The powers and duties of the Finance Committee of a corresponding University shall be asfollows--
(a) to examine the annual accounts of the University and to advise the Board thereon;
(b) to examine the annual budget estimates and to advise the Board thereon;
(c) to review the financial position of the University from time to time;
(d) to make recommendations to the University on all matters relating to the finances of theUniversity;
(e) to make recommendations to the Board on all proposals involving expenditure for which noprovision has been made in the budget or which involves expenditure in excess of the amountprovided in the budget.
(4) The accounts and the balance-sheet shall be submitted by the Vice-Chancellor through the Boardto the appropriate Government which shall cause them to be audited by the Examiner, Local FundAccounts.
(5) The accounts, when audited, shall be printed and copies thereof together with audit report, shall besubmitted by the Vice-Chancellor to the Board, which shall forward them to the appropriate Governmentwith such comments as it may deem fit and that Government shall cause a copy of the audited accountstogether with its comments thereon to be laid before the State Legislature.
CHAPTER VIII : MISCELLANEOUS
Section 35: Division of assets and liabilities.
On the commencement of this Act, the assets and liabilities ofthe existing University shall stand transferred to, and shall vest in, the Haryana Agricultural Universityand the Punjab Agricultural University and shall be apportioned between such Universities in accordancewith the following principles, namely:--
(a) (i) any asset of the existing University which is, immediately before the commencement ofthis Act, in the State of Haryana, and every right to such property, shall stand transferred to, and shallvest in, the Haryana Agricultural University;
(ii) every other asset and every right thereto shall stand transferred to, and shall vest in, thePunjab Agricultural University;
(b) (i) every liability of the existing University which is relatable to any unit or asset in the Stateof Haryana shall, if subsisting immediately before the commencement of this Act, be the liability ofthe Haryana Agricultural University;
(ii) every other liability of the existing University, if subsisting on such commencement, shall bethe liability of the Punjab Agricultural University;
(c) the cash balances (whether in the form of cash, bank or security deposits) and reserve fundsheld by the existing University, immediately before the commencement of this Act, shall, afterdeducting all the liabilities of the existing University up to such commencement, be apportionedbetween the Haryana Agricultural University and the Punjab Agricultural University in the ratioof 40:60;
(d) every contract made by the existing University before the commencement of this Act shall, ifsubsisting at such commencement, be deemed to have been made--
(i) in the case of a contract which is relatable to any asset or unit of the existing University inthe State of Haryana, by the Haryana Agricultural University;
(ii) in any other case, by the Punjab Agricultural University;
(e) every share, debenture, bond and other investment made by the existing University shall bevalued on the basis of average market value thereof during one year immediately before thecommencement of this Act, and the value so determined shall be apportioned between the HaryanaAgricultural University and the Punjab Agricultural University in the ratio of 40:60;
(f) every borrowing made by the existing University before the commencement of this Act shall,if the liability is subsisting on such commencement, be repaid together with the interest due thereonby the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60;
(g) the Provident Fund and accruals thereto of every officer or other employee of the existingUniversity shall stand transferred to the corresponding University in which he has been posted on thedate of the commencement of this Act.
Explanation.--For the purposes of this section, "asset" shall be deemed to include all property,movable and immovable, rights, powers, authorities and privileges, and all other rights and interestsarising out of such property as were immediately before the commencement of this Act in the ownership,possession, power or control of the existing University, and all books of accounts, registers, records andall other documents of whatever nature relating thereto and shall also be deemed to include all obligationsof whatever kind then subsisting of the existing University.
Section 36: Legal proceedings.
If, at the commencement of this Act, any suit, appeal or other proceeding ofwhatever nature is pending by or against the existing University, the same shall not abate, be discontinuedor be in any way prejudicially affected by reason of the dissolution of the existing University, but the suit,appeal or other proceeding may be continued, prosecuted or enforced by or against--
(a) the Haryana Agricultural University, if it relates to any property or unit of the existingUniversity in the State of Haryana; and
(b) in any other case, the Punjab Agricultural University.
Section 37: Transfer of employees.
(1) Save as otherwise provided in section 13, all officers and otheremployees of the existing University holding office as such immediately before the commencement ofthis Act shall, on such commencement, become the officers or other employees of the correspondingUniversity and such officers or other employees shall be divided between those Universities inaccordance with the following principles, namely:--
(a) those officers or other employees of the existing University who are holding office in, or inconnection with, any property or unit of the existing University in the State of Haryana shall becomethe officers or other employees of the Haryana Agricultural University;
(b) every other officer or other employee of the existing University, shall become the officer orother employee of the Punjab Agricultural University.
(2) Every officer or other employee of the existing University shall, on and from the commencementof this Act hold his office or service in the corresponding University on the same terms and conditionsand with the same rights to pension, provident fund, gratuity and other matters as would have beenadmissible to him if the existing University had not been dissolved, and continue to do so unless and untilhis employment in the corresponding University is duly terminated or until his remuneration and terms orconditions of service are duly altered by the corresponding University.
(3) For the persons who, immediately before the commencement of this Act, were the trustees forpension, provident, gratuity or other like fund, constituted for the officers or other employees of theexisting University, there shall be substituted as trustees such persons as the appropriate Government mayby general or special order, specify.
(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or anyother law for the time being in force, the transfer of the services of any officer or other employee from theexisting University to a corresponding University shall not entitle such officer or other employee to anycompensation, whether under this Act or under any other law for the time being in force, and no suchclaim shall be entertained by any court, tribunal or other authority.
Section 38: Membership of corresponding University bodies.
(1) All casual vacancies among themembers (other than ex officio members) of any authority or body of each corresponding University shallbe filled, as soon as possible, by the person or body who or which appointed or nominated the member,whose place became vacant, and the person appointed or nominated to a casual vacancy shall be amember of such authority or body for the remaining period of the term for which the person whose placehe fills would have been a member.
(2) A person, who is a member of any authority of a corresponding University as a representative ofanother body, whether of that University or not, shall retain his seat on that authority so long as hecontinues to be a member of the body by which he was appointed or nominated and thereafter till hissuccessor is duly appointed or elected.
(3) No act or proceeding of any authority or body of a corresponding University shall be invalid byreason merely of the existence of any vacancy or defect in the constitution of such authority or body.
(4) If any question arises whether any person has been duly appointed as, or is entitled to be, amember of any authority of a corresponding University subordinate to the Board or whether any decisionof the corresponding University is in accordance with this Act and the Statutes, the question shall bereferred to the appropriate Government whose decision thereon shall be final.
Section 39: Annual Report.
(1) The Annual Report of a corresponding University shall be prepared underthe directions of the Vice-Chancellor and submitted to the Board at least one month before the annualmeeting at which it is to be considered.
(2) The Board shall, after consideration of the Annual Report, forward a copy thereof to theappropriate Government.
(3) On receipt of a copy of the Annual Report referred to in sub-section (1), the appropriateGovernment shall cause a copy of such Report, together with its comments thereon, to be laid before theState Legislature.
(4) Notwithstanding the dissolution of the existing University, the Annual Report of the existingUniversity for the year 1969-70 shall be prepared under the directions of the Vice-Chancellor of thePunjab Agricultural University and the Board of that University shall, after consideration of the AnnualReport, forward a copy thereof to the appropriate Government.
Section 40: Construction of references to existing University in any document, etc.
Any reference to theexisting University in any law, other than this Act, or in any contract or other instrument shall beconstrued,--
(a) if such reference relates to any asset or property of the existing University in the State ofHaryana, as a reference to the Haryana Agricultural University; and
(b) in any other case, as a reference to the Punjab Agricultural University.
Section 41: Obligations to be discharged by the Punjab Agricultural University.
Any obligationincurred, before the commencement of this Act, by the existing University to confer any degree or otheracademic distinction on, or to issue any diploma or other certificate to, any person or to grant any copy ofany degree, diploma, certificate, marks-sheet or other document to any person shall, on suchcommencement, be the obligation of the Punjab Agricultural University.
Section 42: Proportion of cost to be borne by the Government of Himachal Pradesh.
In consideration ofthe maintenance, by the Punjab Agricultural University, of a campus at Palampur, the Government of theUnion territory of Himachal Pradesh shall bear a portion of the cost of the Punjab Agricultural Universityand the quantum of such cost shall be determined by the Central Government having regard to the benefitderived by that Union territory.
Section 43: Settlement of unresolved disputes.
(1) If any dispute arises by reason of the dissolution of theexisting University, such dispute shall be resolved in the first instance by the Vice-Chancellors of thecorresponding Universities and in the event of the failure of such Vice-Chancellors to arrive at an agreedsolution with regard to any such dispute, the matter shall be referred to the Secretary to the Governmentof India in the Ministry dealing with Agriculture and the decision thereon of such Secretary shall be final.
(2) If, on the establishment of a University in the Union territory of Himachal Pradesh, any disputearises with regard to the transfer of assets or liabilities pertaining to the Agricultural College at Palampuror the research, training and extension centres, or property, of the Punjab Agricultural University locatedin the said Union territory or with regard to the transfer of the officers or other employees of such Collegeor centres to the University established in the Union territory of Himachal Pradesh, such dispute shall beresolved in the first instance by the Vice-Chancellor of the Punjab Agricultural University and the Chief Secretary to the Government of the Union territory of Himachal Pradesh and in the event of theirfailure to arrive at an agreed solution with regard to any such dispute, the matter shall be referred to theSecretary to the Government of India in the Ministry dealing with Agriculture and the decision thereon ofsuch Secretary shall be final.
Section 44: Power to remove difficulties.
If any difficulty arises in giving effect to the provisions of thisAct, the President may, by order, do anything, not inconsistent with such provisions, which appears tohim to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such power shall be exercised after the expiry of the period of two years from thecommencement of this Act.
Section 45: Repeals and saving.
(1) The Punjab Agricultural University Act, 1961 (PunjabAct 32 of 1961), is hereby repealed.
(2) The provisions of the General Clauses Act, 1897 (10 of 1897), shall apply to the repeal of the saidAct as if the said Act were a Central Act.
(3) The Haryana and Punjab Agricultural Universities Ordinance, 1970 (1 of 1970), is herebyrepealed.
(4) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall bedeemed to have been done or taken under the corresponding provisions of this Act.