65
[THE UTTAR PRADESH KRISHI EVAM PRODHYOGIC
VISHWAVIDYALAYA ADHINIYAM,]
3
1958
1
[U. P. ACT XLV OF 1958]
Amended by U. P. Act No. VIII of 1966 U. P. Act No. V of' 1972 [Passed in Hindi by the Uttar Pradesh Legislative Assembly on December 16, 1958, and by the Uttar Pradesh Legislative Council on December
20, 1958.
Received the assent of the Governor on December 25 1958 under Article 200 of 'the Constitution of India' and was published on the Uttar Pradesh. Gazette Extraordinary, dated December 26 1958.]
AN
ACT
to establish and incorporate [Agricultural Universities]2for Uttar Pradesh
WHEREAS it is expedient to establish and incorporate [Agricultural Universities]2for the development of agriculture and for the benefit of the rural people of Uttar Pradesh;
It is hereby enacted in the Ninth Year of the Republic of India a follows:
Short title and
commencement
1. (1) This Act may be called the [Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam,]31958.
(2) It shall come into force at once. Definitions 2. In this Act unless there is anything repugnant in the subject or context :
(a) "Academic Council" means the -Academic Council of the University
:
(b) "Agriculture" means the basic and applied science of soil and water. management, crop and live stock production and management, and betterment of rural people;
(c) "Board" means the Board of Management of the University;
(d) "Faculty" means a Faculty of the University ;
(e) "Governor" means the Governor of Uttar Pradesh
(f) "Prescribed" (with its cognate expressions) means prescribed by the Statutes;
(g) "Registered Graduate" means a graduate registered under the provisions of this Act ;
(h) "State Government" means the Government of Uttar Pradesh;
(i) "Statutes" and "Regulations" mean respectively the Statutes and Regulations of the University made under this Act;
(j) "Student of the University" means a person enrolled in the University for taking a course of study for a degree, diploma or other academic distinction duly instituted;
1. For Statement of Objects and Reasons. see U. P. Gazette Extr4ordinary.dated November 29, 1958.
2. Substituted by section 19 of U.P. Act No. 29 of 1974.
3. Subs. by section 20 ibid.
66
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 2-A]
(k) "Teacher" means a person appointed or recognized by the University for the purpose of imparting instruction or conducting and guiding research or extension programmes and includes a person who may be declared by the statutes to be a teacher; and
[(l) "University" means the Gobind Ballabh Pant Krishi Evam Prodyogik Vishwavidyalaya or the Narendra Deva Krishi Evam Prodyogik Vishwavidyalaya, or [the Chandrashekhar Azad Krishi Evam Prodyogik Vishwavidyalaya, or the Sardar Vallabh Bhai Patel Krishi Evam Prodyogik Vishwavidyalaya]2as the case may be;]1
[(m) "Horticulture" means the basic and applied sciences of fruits, Vegetables, floriculture plantation crops, spices, hops and shall include mushroom growing, landscaping, bee-Keeping, marketing and processing of horticultural produce :
(n) "Forestry" means and includes basic and applied sciences concerning Silviculture, pland, breeding, farm forestry conservation of ecology of the biosphere, wild lige, sericulture, medicinal and aromatic plants and their products.]3
Establishment of
Universities
[2-A [(1) Besides the Govind Ballabh Pant Krishi Vishwavidyalya in existence at Pantnagar, immediately before the commencement of this section, there shall be established, with effect from such date as the State Government may, by notification in the Gazette appoint in that behalf a University at Bharsar, District Pauri Garhwal to be Known as5[Veer Chandra Singh 'Garhwali' Uttarakhand University of Horticulture and Forestry], Bharsar, District Pouri Garhwal.
(2) In relation to the University to be established under sub-section (1) :--
(a) the State Government shall appoint interim officers of the University (other than the chancellor) and shall constitute interim authorities of such University, in such manner as it thinks fit;
(b) the officers appointed and members of the authorities constituted under clause (a) shall hold office for a term of three years from the date of such appointment or constitution as the case may be;
(c) the State Government shall take steps for the appointment of officers and constitution of authorities of such University in accordance with the provisions of this Act, so as the same may be completed before the expiry of respective terms of the interim officers and members under clause (b).
(3) The existing campus at Ranichauri and Veer Chandra Singh Garhwali College of Horticulture, Bharsar with its staff, buildings, equipments and other facilities etc. Presently under the control and jurisdiction of Govind Ballabh Pant Krishi Evam Prodyogik Vishwavidalaya Pantnagar shall stand transferred to the control and jurisdiction of the University to be established under sub-section (1) from the appointed day.]4
1. Added by section 21 of U. P. Act No. 29 of 1974.
2. Substituted by section 2 of U.P. Act No. 19 of 2000.
3. Added by section 2 of Uttarakhand Act No. 13 of 2011.
4 . Subs. by section 3 ibid.
5. Subs. by section 2 of Uttrakhand Act no 6 of 2015.
67
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 2-AA] 1[2-
AA
(1) From the date of commencement of this Act, College/Institutes related to the subjects mentioned under section 6-a, shall be deemed to be affiliated to the Veer Chandra Singh Garhwali Uttarakhand Audhaniki Evam Vaniki Vishwavidyalaya.
(2) The Statutes for affiliation of the Colleges/Institutes for University shall be such as may be prescribed subject to the provisions of the Act. ]1 -------------------------------------------------------
1 - Insertion of section 3 of Uttrakhand Act no 06 of 201 5.
68
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 3-6] The University 3. [(1) The Chancellor, the Vice-Chancellor and the members of the Board and the Academic Council for the time being holding office as such in each University shall constitute a body corporate by the name of that' University.]1
(2) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.
Objects of the
University
4. The University shall be deemed to have been established and incorporated for the purposes, among others, of : --
(a) making provision for the education of the rural people of Uttar Pradesh in different branches of study, particularly agriculture, rural industry and business and other allied subjects ;
(b) furthering the prosecution of research, particularly in agriculture and other allied sciences ; and
(c) undertaking field and extension programmes. University open
to all
5. The University shall, subject to the provisions of this Act and the Statutes, be open to all persons but nothing in this section shall be deemed to require the University to admit to any course of study a larger number of students than may be prescribed. Powers of the
University
6. The University shall have the following powers :---
(1) to provide for instruction In agriculture, rural industry and business and allied sciences and in such other branches of learning as the University may think fit;
(2) to make provision for research and for the advancement and dissemination of knowledge and for extension programmes ;
(3) to institute degrees, diplomas and other academic distinctions;
(4) to hold examination for, and to grant and confer degrees, diploma and other academic distinctions to and all prescribed who-
(a) shall have pursued a course of study as prescribed; or
(b) shall have carried on research in the University or in an institution recognized in this behalf by the University under the conditions laid down in the Statutes .
(5) to confer honorary degrees or other distinction in the manner and under conditions laid down in the statutes ;
(6) to grant such diplomas, to, and to provide such lectures and instruction for, field workers and other persons not being students of the University, as the University may determine;
Substituted by section 23 of U.P. Act No. 29 of 1974.
69
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 7-8]
(7) co-operate with other Universities and authorities in such manner and for such purposes as the University may determine;
(8) to institute teaching, research and extension posts required by the University and to appoint persons to such posts;
(9) to institute and award fellowships (including travelling fellowships), scholarships and priers accordance with the Statutes;
(10) to institute and maintain residential accommodation for students of the University;
(11) to demand and receive such fees And other charges as may be prescribed;
(12) to supervise and control the residential accommodation and to regulate the discipline of students of the University and to make arrangements for promoting their health and welfare;
(13) to create administrative, ministerial and other necessary posts and to make appointments thereto; and
(14) to do all such acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University. [Territorial
jurisdiction for
certain purposes
6-
A
The powers of the University under section 6 shall with respect to the Extension, Training and Research be exercisable in respect of the area for the time being specified against it in the Schedule.]1 Visitation 7. (1) The State Government shall have the right to cause an inspection to be made by such person or persons, as it may direct, of the University, its building laboratories and equipment and of any institution maintained by the University and to cause an enquiry to be made in like manner in respect of any matter connected with the administration and the finances of the University.
(2) The State Government shall in every case give notice to the University of its intention to cause inspection or enquiry to be made, and the University shall be entitled to appoint representative who shall have the right to be present and be heard at such inspection or enquiry.
(3) The State Government may address the Board with reference to the result of such inspection and enquiry with such advice as the State Government may offer regarding the action to be taken.
(4) The Board shall communicate to the State Government such action, if any, as it proposes to take or has taken upon the result of such inspection or enquiry.
(5) If the Board does not, within a reasonable time, take action to the satisfaction of the State Government, the State Government may, after considering any explanation furnished or representation made by the said Board, issue such directions as it may think fit, and the Board shall be bound to comply with such directions.
1.Substituted by section 2 (a) of U. P. Act No. 8 of 1999.
70
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 9-10] Officers and
authorities of the
University
8. The following shall be the officers and authorities of the University : --
(a) Officers of the University -
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Comptroller;
(iv) the-Registrar;
(v) the Dean of Student Welfare;
(vi) the Deans of Faculties;
(vii) the Director of the Agricultural Experiment Station;
(viii) the Director of Extension; and
(ix) such other persons in the service of the University as may be declared by the Statutes to be officers of the University.
(b) Authorities of the University --
(i) the Board of Management;
(ii) the Academic Council;
(iii) the Boards of Faculties; and
(iv) such other authorities as may be declared by the Statutes to be authorities of the University.
The Chancellor 9. (1) The Governor of Uttar Pradesh shall be the Chancellor of the University. He shall, by virtue of his office, be the head of the University, and shall, when present, preside at any Convocation of the University.
(2) The Chancellor shall have such other powers as may be conferred on him by this Act or the Statutes.
[Constitution
powers and
duties of the
Board
10. (1) The Board shall consist of the following members : --
(a) Vice-Chancellor -- Ex officio
(b) The Secretary to the State Government in the -- Ex officio Agriculture Department
(c) The Secretary to the State Government in the -- Ex officio Finance Department
(d) The Secretary to the State Government, in the -- Ex officio Education Department
(e) The Director of Agriculture, U. P. -- Ex officio
(f) The Director of Animal Husbandry, U.P. -- Ex officio [(g) Two members of the Legislative Assembly of the State, other than a Minister, to be elected by the said Assembly,
(h) One member of the Legislative Council of the State, other than a Minister, to be elected by the said Council,]1
1 . Substituted by section 2 (a) of U. P. Act No. 8 of 1 999.
71
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 10]
(i) Five members nominated by the State Government, being respectively-
(i) an eminent agricultural scientist,
(ii) a progressive farmer;
(iii) a live-stock breeder,
(iv) a distinguished industrialist or manufacturer having special knowledge of or practical experience in agricultural development,
(v) an outstanding woman social worker, preferably having- background of rural advancement,
[(j) one representative of the Indian Council of Agricultural Research, and]2
(k) one representative of the Registered Graduates elected in the manner prescribed.
(2) The Vice-Chancellor shall be ex officio Chairman of the Board.
(3) The nomination and election of members of the Board other than ex officio members shall be notified by the State Government in the Gazette.
(4) The term of office of members of the Board, other than ex officio members, shall be three years commencing from the respective dates of notification' of their nomination or election under sub-section (3) :
Provided that the term of office of any such member elected, or nominated to fill a casual vacancy shall be the residue of his predecessor's term.
[(4-a) Where a member referred to in clause (g) or clause (h) or sub-section (1) as the case may be, is appointed as a Minister he shall cease to be member of the Board notwithstanding that his term under sub-section (4) has not expired and the vacancy so caused shall be filled for the residue of his term.]3
(5) Notwithstanding anything contained in sub-section (4) upon the first constitution of the Board after the eighteenth day of January, 1966, provision shall be made in the Statutes for curtailing the term of the office of some of the members referred to in the said sub-section in order that, as nearly as may be, one third of the members shall retire every year thereafter.]1
(6) Members shall serve without pay, but shall be entitled to daily allowance and travel expense, to be paid from the budget of, the University.
(7) The powers and duties of the Board shall be as below:
(a) to approve the budget submitted by the Vice- Chancellor ;
(b) to, appoint the members of the academic and administrative staff of the University in the manner prescribed ;
(c) to hold and control the property and funds of the University and issue of general directive in that behalf;
1 . Subs. by section 5 of U. P. Act No. 8 of 1 966.
2. Subs. by section 6 of U. P. Act No. 5.of 1972.
3. Subs. by section 2 (b) of U. P. Act No. 8.of 1999.
72
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 11]
(d) to accept the transfer or any movable or immovable property on behalf of the University;
(e) to administer any funds placed at the disposal of the University for specific purposes;
(f) to invest moneys belonging to 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, at it deems necessary for its proper functioning ;
(i) [* * * ]1
(j) to borrow money for capital improvements and make suitable arrangements for its repayment ;
(k) to meet at such time and in such places as it deems necessary, provided however, that it shall hold one regular meeting at least every two months, and provided further that at least one-half of its regular meetings he held at the University; and
(l) to regulate and determine all matters concerning the University in accordance with this Act and the Statutes and to exercise such powers and to discharge such duties as may be conferred or imposed on it by this Act and the Statute.
[Explanation-- For the purpose of this section, the word 'Minister' includes the Chief Minister, a Minister of State or a Deputy Minister.]6 [The vice-
Chancellor
11. [(1) The Vice-Chancellor shall be a whole time officer of the University. The first Vice-Chancellor, after the commencement of the Uttar Pradesh Krishi VishwaVidyalaya (Sanshodhan) Adhyadesh, 1966, shall be appointed by the Chancellor. The subsequent. Vice-Chancellors shall be appointed by the Chancellor out of a panel of. three persons nominated by a committee consisting of a representative of the Board chosen in the prescribed manner and two other members appointed by the State Government..]2 [(1-A) Where the Kuladhipati (Chancellor) does not consider anyone or more of the persons recommended by the Committee to be suitable for appointment as Kulpati (Vice-Chancellor or if one or more of the persons recommended is or are not available for appointment and the choice of the Kuladhipati (Chancellor) is restricted to less than three persons, he may require the Committee to submit a panel of fresh names in accordance with sub-section
(1).]5
(2) The term of office of the Vice-Chancellor shall be [three years.]3
(3) No person shall be eligible to hold the office of the Vice- Chancellor for more than [three terms.]4
1. Deleted by section 2 of U. P. Act No. 8 of 1966.
2. Subs. by section 3(i) ibid.
3 . Subs . by section 3 (ii) ibid.
4 . Subs. by section 4 of U. P. Act No.5, 1972..
5. Added by section 2 (a) of U. P Act No. 8 of 1981.
6. Insertion by section 2 (c) of U.P. Act No. 8 of 1999.
73
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 12]
(4) The emoluments and other conditions of service of Vice-Chancellor shall be such as may be prescribed and shall not he varied to his disadvantage after his appointment.
(5) The Vice-Chancellor may relinquish office by resignation in writing addressed to the [Chancellor]3The resignation shall ordinarily be delivered to the Secretary of the [Chancellor]3sixty days prior to the date on which the Vice-Chancellor wishes to be relieved.
[(6) In any of the following circumstances (of the existence of which the Kuladhipati (Chancellor) shall be the sole judge), the Kuladhipati (Chancellor) may appoint any suitable person to the office of Kulpati (Vice- Chancellor) for such term not exceeding six months, as he may specify :--
(a) where a vacancy in the Office of Kulpati (Vice-Chancellor) occurs or is likely to occur, by reason of leave or any cause not being expiry of term;
(b) where a vacancy in the Office of Kulpati (Vice-Chancellor) occurs and it cannot be conveniently and expeditiously filled in accordance with the provisions of sub-section (1); and
(c) any other emergency :]3 [Provided that the Chancellor (Kuladhipati) may from time to time, extend the term of appointment of any person to the office of Vice- Chancellor (Kulpati) under this sub-section, so however, that the total term of such appointment (including the term fixed in the original order) does not exceed one year.]4
(7) Until the vacancy is filled under sub-section (6) or [until such time as the Chancellor appoints a Vice-Chancellor]2the Registrar shall carry on the current duties of the office of the Vice-Chancellor. Powers and
duties of the
Vice-
Chancellor
12. (1) The Vice-Chancellor shall be the principal executive and academic officer of the University, and shall, in the absence of the Chancellor preside at any convocation of the University. He shall be and officio member and Chairman of the Academic Council and an ex officio member of the Board.
(2) It shall be the duty of the Vice-Chancellor to ensure the faithful observance of the provisions of this Act and the Statutes and he shall, without prejudice to the powers of the, Chancellor under section 23, possess all such powers as may be necessary in that behalf.
(3) The Vice-Chancellor shall have power to convene meetings of the Academic Council;
Provided that he may delegate his power to any other officer of the University.
(4) The Vice-Chancellor shall exercise general control over the affairs of the University and shall be responsible for the due maintenance of discipline in the University.
1. Substituted by section 3(iii) of U. P. Act No. 8 of 1966.
2 . Subs. by section 3(iv) ibid.
3. Subs. by section 2 of U. P. Act No.12, 1980.
4. Added by section 2 (b) of U. P Act No. 8 of 1981.
74
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 13-14]
(5) The Vice-Chancellor shall be responsible for the presentation of the Budget and the statement of accounts to the Board.
(6) In any emergency, which, in the opinion of the Vice-Chancellor, requires immediate action to be taken, he shall take such action as he deems necessary, and shall at the earliest opportunity report the action taken to the officer, authority or other body who or which in the ordinary course would have dealt with the matter, but nothing in this sub-section shall be deemed to empower the Vice-Chancellor to incur any expenditure not duly authorized and provided for in the budget.
(7) 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 person may prefer an appeal to the Board within thirty days of the date on which the action is communicated to him.
(8) Subject as aforesaid, the Vice-Chancellor shall give effect to the orders of the Board regarding the appointment, suspension and dismissal of officers, professional staff and other employees of the University.
(9) The Vice-Chancellor shall in convocation- confer degrees on persons entitled to receive them, provided that when the Chancellor is present he may him self confer any or all the degrees.
(10) The Vice-Chancellor shall be responsible for a close Co-ordination and integration of teaching, research and extension.
(11) The Vice-Chancellor shall exercise such other powers as may be prescribed.
The Controller 13. (1) The Controller [shall be it whole-time officer of the University and shall he appointed by the State Government on such terms and conditions as it may think fit.]1
(2) He shall be ex officio Secretary of the Board [***]2
(3) The provisions relating to [***]3the filling of temporary vacancies and arrangements for the carrying on of current duties contained in sub- section [***]3(6) and (7) of section 11 shall mutatis mutandis apply to the office of Controller.
(4) The Controller shall manage the property and investments of the University and advice in regard to its financial policy. He shall be responsible for the preparation of the Budget, and' statement of accounts for presentation to the Vice-Chancellor.
(5) The Controller shall have the duty-
(a) to ensure that no expenditure not authorized in the budget is incurred by the University otherwise than by way of investment, and
1. Substituted by section 4 (i) of U. P. Act no. VIII of 1966.
2. Omitted by section 4 (ii) ibid.
3 . Omitted by section 4 (iii) ibid.
75
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 15-16]
(b) to disallow any expenditure which may contravene the terms of any Statute, or for which provision is required to be made by Statutes, but has not been so made.
The Registrar 14.1[(1) The Registrar of the Veer Chandra Singh Garwali Horticulture & Forestry University be the fulltime officer of the University. Registrar will be appointed according to the provisions made by the State Government.
(2) Registrar will be the ex-officio Secretary of the Board of Management, Education Council of the University and Committee constituted for the appointment of the teacher.
(3) Registrar will be the appointing authority for the appointment of the class III &IV employees of the University.
(4) Registrar will be authority for discharge of the administrative and financial functions of the University.
(5) Registrar will be responsible for all matters concerning educational affiliation and institutional functions of the University according to the statutes.
(6) The Registrar will be responsible for ensuring the inspection and complete supervision, of the colleges and institutions affiliated to the University as may be prescribed.]1
Dean of student
Welfare
1 5. (1 ) The Dean of Student Welfare shall be a whole time officer of the University and shall be appointed by the Vice-Chancellor subject to the approval of the Board.
(2) The salary and allowances payable to the Dean of Student Welfare shall be as prescribed.
(3) The Dean of Student Welfare shall have the .following duties :--
(a) to make arrangements for the housing of students;
(b) to direct a programme of student counseling ;
(c) to arrange for employment of students in accordance with plans approved by the Vice-Chancellor;
(d) to supervise the extra-curricular activities and needs of students;
(e) to assist in the placement of graduates who leave the University; and
(f) to organize and maintain contact with the alumni of the University. ----------------------------------------------------------------------------------------------
1- Subs. section 4 of Uttrakhand Act no 06 of 2015.
76
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 17-19] The Academic
Council
16. (1) The Academic Council shall be in charge of the academic affairs of the University and shall, subject to the provisions of this Act and the Statutes, have the control and general regulation of, and be responsible for the maintenance of standards of instruction, education and examination and for the requirements for obtaining degrees, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. It shall have the right to advise the Vice-Chancellor on all academic matters.
(2) The constitution of Academic Council and the term of office of its members shall be prescribed.
The Faculties 17. (1) The University shall include such Faculties as may be prescribed.
(2) Each Faculty shall comprise such departments as may be prescribed, and subject of study shall be assigned to various departments by the Statutes.
(3) There shall be a Board of each Faculty the constitution and powers of which shall be prescribed.
(4) There shall be a Dean of each faculty who shall be chosen in such manner and for such period as may be prescribed.
(5) The Dean shall be the Chairman of the Board of the Faculty and be responsible for the due observance of the Statutes and Regulations relating to the Faculty. He shall be further responsible for the organization and conduct of the teaching, research and extension work of the departments comprised in the Faculty.
(6) There shall be a Head in each Department who shall be responsible to the Dean for the organization and operation of the Department.
(7) The appointment, duties, powers and functions of the Head of Departments shall be as prescribed.
Agricultural
Experiment
Station
18. (1) An Agricultural Experiment Station shall be established in the University. Subject to the provisions of this Act and the Statutes, it shall have responsibility for research, both fundamental and applied, in all Faculties. [(2) There shall be a Director of the Experiment Station who shall be appointed by and be responsible to the Vice-Chancellor.]1
(3) The Director of the Experiment Station shall be a whole time officer, technically trained in agriculture. He shall keep proper records of the projects and receive reports of progress of research for publication in the manner prescribed.
Agricultural
and
Home Science
Extension
Service
19. (1) An Agricultural and Home Science Extension Service shall be established in the University and shall subject to provisions of this Act and the Statutes, make useful information available to the farmers and housewives to help them solve their problems and take measures such as the establishment of youth clubs for developing in young people interest in agriculture.
1 . Subs. by section 5 of U.P. Act 5 of 1 972.
77
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 20-25] [(2) There shall be a Director of Extension who shall be appointed by and be responsible to the Vice-chancellor.]1
(3) The Director of Extension shall be a whole-time officer technically trained in agriculture, which shall plan and execute a programme of extension work based upon the results of research. Supplementary
provisions relating to
membership
20. (1) All casual vacancies among the members (other than ex officio members) of any authority or body of the University shall be filled, as soon as conveniently may, be, by the person or body who appointed, elected or co-opted the member whose place has become vacant, and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.
(2) A person, who is a member of an authority of the University as a representative of another body, whether of the University or not, shall retain his seat on the University authority so long as he continues to be a member of the body by which he was nominated, appointed or elected and thereafter till his successor is duly appointed. Proceedings of
University authorities
and
bodies not to be
invalidated by
vacancies
21. No act or proceedings of any authority or other body of the University shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members or by reason of some person having taken part in the proceedings who is subsequently found not to have been entitled to do so.
Removal from
membership of
the University
22. The Board may remove any person from membership of any authority or [other body of the University]2upon the ground that such person has been convicted of an offence involving moral turpitude. Membership and
Proceeding
23. If any question arises whether any person have been duly elected or appointed as, or is entitled to be, a member of any authority of the University subordinate to the Board or whether any decision of the University or any authority subordinate to the Board is in conformity with this Act and the Statutes, the matter shall be referred to the Chancellor whose decision thereon shall' be final. Constitution of
committee
24. Where any authority of the University is given power by this Act or by the Statutes to appoint Committees such committees shall, unless there is some special provision to the contrary, consist-of members of the authority concerned.
Pension of
provident Fund
25. (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 funds as it may deem fit.
1 . Substituted by section 6 of U. P. Act 8 of 1 966.
2 . Ins. by section 7 ibid.
78
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 26-28]
(2) Where any such provident fund has been so constituted under rules which have been approved by the, Chancellor, the Chancellor may declare that the provisions of the Provident Funds Act, 1925, shall apply to such fund as if it were a Government Provident Fund.
Appointment of
salaried officers
and teachers
26. (1) Subject to the provisions of this Act, the members of the staff of the University shall be appointed by the Board on the recommendation of the Vice- Chancellor.
(2) Except in cases provided for by the Statutes, every salaried officer and teacher of the University shall be appointed under a 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.
Tribunal of
Arbitration for
disputes
between
the University
and its staff
27. Any dispute arising out of contract between the University and any officer or teacher of the University shall, on the request of the officer or teacher concerned, be referred to a Tribunal of Arbitration consisting of one member nominated by the Board, one member nominated by the officer or teacher 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 submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940, and all the provisions of that Act, with the exception of section 2 thereof, shall apply accordingly.
Statutes 28. Subject to the provisions of this Act the Statutes may provide for any matter 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 the University, including the continuance in office of the, first members and, the filling in of vacancies and all other matters relative to those authorities for which-it may be necessary or desirable to provide ;
(c) the designation, manner of appointment, powers and duties of the officers of the University;
(d) the classification and manner of appointment of teachers;
(e) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of officers, teachers and other 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 Faculties;
(i) the establishment of departments of teaching in the Faculties;
(j) the establishment and abolition of hostels maintained by the 'University;
79
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 29]
(k) the institution of fellowships, scholarships, medals and prizes;
(l) the maintenance of a register of Registered Graduates;
(m) the admission of students to the University and their enrolment and continuance as such ;
(n) the courses of study to be laid down for all degrees and diplomas of the University;
(0) the conditions under which students shall be admitted to the degrees, diploma or other courses and to the examination of the University and shall be eligible for the award of degrees and diplomas;
(p) the conditions of residence of the students of the University and the levying of fees for residence in hostels maintained by the University
(q) the recognition and management of hostels not maintained by the University;
1 [(r) the number, qualifications, emoluments and other conditions of service (excluding the age of retirement) of teachers and other salaried employees of the University, and the preparation and maintenance of a record of their services and activities;]1
(s) the fees which may be charged by the University for any purpose;
(t) the conditions subject to which persons may be recognized as qualified to give instruction in hostels ;
(u) the conditions and mode of appointment and the duties of examining bodies, examiners and moderators;
(v) the conduct of examinations;
(w) the remuneration and allowances, including traveling and daily allowances, to be paid to persons employed on the business of the University;
(x) the conditions of the award of fellowships, scholarships, studentships, bursaries, medals and prizes; and
(y) all other matters which by this Act are to be or may be provided for by the Statutes.
2 [(z) the age of superannuation/ retirement of the teachers other salaried employees shall be such as the State Government may determine from time to time.]2
Statutes how
made ?
29. (1) The first Statutes with regard to matters set out in clauses (a) to (l) of section 28 hall be made by the State Government and a copy thereof shall be laid before each House of the State Legislature for fourteen days and they shall be subject to such additions and alterations as may be agreed to by both Houses but without prejudice to the validity of anything previously done thereunder.
(2) The Board may from time to time make new or additional Statutes and may amend or repeal the Statutes in the manner hereinafter in this section provided.
(3) The Academic Council may propose to the Board the draft of any Statute to be passed by the Board and such draft shall be considered by the Board at its next meeting;
---------------------------------------------------------------
1 - Subs. by section 2 of Uttarakhand Act no 4 of 201 5.
2 - Inserted. by section 3 of Uttarakhand Act no 4 of 2 015.
80
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 30] Provided that the Academic Council shall not propose the draft of any Statutes or of any amendment of a Statute effecting the status, powers or constitution of any existing authority of the University until such authority has been given an opportunity to express its opinion upon the proposal, and any opinion 80 expressed shall be considered by the Board.
(4) The Board may approve any such draft as is referred to in sub-section (3) and pass the Statute or reject it or return it to the Academic Council for reconsideration, either in whole or in part, together with any amendments which it may suggest.
(5) Any member of the Board may propose to the' Board the draft of any Statute and the Board may either accept project the proposal if it relates to a matter not falling within the purview of the Academic Council. In case such 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 shall then 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 a draft so submitted as they apply in the case of a draft proposed to the Board by the Academic Council.
(6) A new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the Chancellor who may sanction, disallow or remit it for further consideration. Regulations 30. (1) The authorities and the Boards of the University may make Regulations consistent with this Act and the Statutes --
(a) laying down the procedure to be observed at their 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 matters solely concerning such authorities and Boards 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 considered at meetings and for the keeping of a record of the proceedings of meetings.
(3) The Board may direct the amendment, in such manner as it may specify, of any Regulations made under this section or the annulment of any Regulations made under sub-section (1) by any authority of the University.
(4) The Academic Council may, subject to the provisions of the Statutes, make Regulations providing for courses of study for the various examinations and degree of the University after receiving drafts of the same from the Board of the Faculty concerned.
(5) The Academic Council may not alter a draft received from the Board of a Faculty but may reject the draft received or return it to the Board of Faculty for further consideration together with its own suggestions.
81
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Section 31-36] Residence of
students
31. Students shall reside in accommodation maintained by the University or approved by the Vice-Chancellor subject to the conditions prescribed. Delegation of
powers
32. The Board may, by Statute, delegate to any officer or authority any of the powers conferred upon it by this Act, to be exercised subject to such restrictions and conditions as may be prescribed.
Annual Report 33. The Annual Report of the University shall be prepared under the direction of the Vice-Chancellor and submitted by the Board to the State Government a month before the annual meeting at which it is to be considered.
Accounts and
Audit
34. (1) The Annual Accounts and balance-sheet of the University shall be prepared under the direction of the Vice-Chancellor, and all moneys accruing to or received by the University from whatever Source and all amount disbursed or paid shall be entered in the accounts.
(2) The Accounts and the balance-sheet shall be submitted by the Board to the State Government which shall cause an audit to be carried out by the Examiner, Local Fund Accounts, Uttar Pradesh.
(3) The accounts when audited shall be printed and the copies thereof shall, together with the copies of the Audit Report, be submitted by the Vice- Chancellor to the Board which shall forward them to the State Government with such comments as may be deemed necessary.
Certain other
provisions
35. At any time after the passing of this Act and until such the as the authorities of the University are duly constituted, any officer of the University may be appointed by the Vice-Chancellor Such appointment and the terms and conditions thereof shall have the prior approval of the Chancellor. Removal of
difficulties
36. (1) The State Government may, for the purpose of removing any difficulties in relation to the enforcement of the provisions of this Act, by order published in the Gazette-
(a) direct that this Act and any Statutes made thereunder shall during such period as may be specified in the order take effect subject to such adaptations, whether by way of modification, addition or omission, as it may deem to be necessary or expedient ; or
(b) direct by whom and in what manner the powers, duties and functions to be exercised or discharged under this Act by an officer or authority of the University shall be exercised and discharged till such officer or authority is duly appointed or constituted ; or
82
[The Uttar Pradesh Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958] [Schedule]
1
[THE SCHEDULE
[See section 6-A] Name of the University Headquar ters
Area within which
the University shall
exercise jurisdiction for the purpose of
extension, training
and research.
Subjects
Govind Ballabh Pant University of Agriculture and Technology
Pantnagar The whole of Uttarakhand
(1) Agriculture, especially Tropical and Sub-Tropical Horticulture and Agro- Forestry, Agribusiness Management, Animal
Husbandry, Fisheries, Basic Sciences, Home Science etc.
(2) Engineering and Technology
[Veer Chandra Singh 'Garhwali' Uttarakhand University of Horticulture and
forestry]3
Bharsar The whole of Uttarakhand
(1) Horticulture especially temperate and sub-tropical Horticulture
(2) Forestry and agro- forestry.]1
(3) 2[ Agricultural Sciences
(4) Animal Husbandry &Veterinary Sciences
(5) Fisheries Sciences
(6) Food Science & Technology
(7) Medical & Aromatic Plants Science
(8) Eco-tourism]2
1. Schedule substituted by section 4 of Uttarakhand. Act No. 13 of 2011.
2 - Schedule substituted by section 5 of Uttarakhand. Act No. 06 of 2 015. 3- subs. by section 2 of Uttrakhand Act no. 6 of 2015.