Haryana act 007 of 2010 : The Lala Lajpat Rai University of Veterinary and Animal Sciences Hisar Act,2010 (7 of 2010)

4

(n) "recognized teacher" means a person who is recognized by the University for the purpose of imparting instructions in an affiliated college or an institution;

(o) "Statutes" and "Regulations" mean respectively the Statutes and Regulations of the University made under this Act;

(p) "State" means the State of Haryana;

(q) "State Government" means the Government of the State of Haryana;

(r) "student" means a person enrolled in University or one of its affiliated college or institution for taking a course of study for a degree, diploma, certificate or an academic distinction;

(s) "teacher" includes Director, Dean, Principal, Senior Professor, Professor, Associate Professor/Reader, Assistant Professor/Lecturer and such other persons imparting instructions on full time basis in the University;

(t) "University" means Lala Lajpat Rai University of Veterinary and Animal Sciences Hisar, established under section 3;

(u) "Veterinary" means the art and science of Veterinary Surgery and Medicine and includes,—

(i) the diagnosis of diseases in, and injuries to animals;

(ii) the giving of advice based upon such diagnosis;

(iii) the medical or surgical treatment of animals;

(iv) the measures taken for prevention and control of live- stock diseases; and

(v) zoonoses and epidemiology. CHAPTER-II

ESTABLISHMENT OF THE UNIVERSITY

3. (1) There shall be established a University by the name of Lala Lajpat Rai University of Veterinary and Animal Sciences Hisar having jurisdiction all over the State.

(2) The University shall be a body corporate by the name as specified in sub-section (1) and shall have perpetual succession and common seal. It shall have the power to acquire, hold and dispose of the property both movable and immovable and shall sue and be sued by the said name.

Establishment

of University.

5

(4) The University shall not except without obtaining the prior approval of the State Government lease, sell or otherwise transfer any immovable property, which may have vested in, or acquired by it.

4. (1) Notwithstanding anything contained in this Act or any other State law for the time being in force, no person or institution, other than the University or affiliated college, shall confer, grant or issue or hold himself or itself out as entitled to confer, grant or issue any degree, diploma, certificate or an academic distinction in the specialized area of knowledge assigned to it within the territorial jurisdiction of the University which is identical with or is a colorable imitation of any degree, diploma, certificate or an academic distinction conferred, granted or issued by the University.

(2) The contravention of the provisions of sub-section (1) shall be an offence punishable with imprisonment upto three years or with fine upto five thousand rupees or with both and shall also be dealt with, in the manner, as may be prescribed.

(3) Where an offence under this section has been committed by an institution, every person incharge of, or responsible for the conduct of its business at the time of the commission of the offence, shall be liable to be proceeded against in accordance with sub-section (2).

(4) Notwithstanding anything contained in sub-section (2), where an offence under this section has been committed by a company, firm or an association of persons and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any partner, director, manager, secretary or other officer of the company, firm or an association of persons, such partner, director, manager, secretary or other officer shall be liable to be proceeded against in the manner, as may be prescribed.

5. All teaching in the University shall be conducted by and in the name of the University in accordance with the Statutes and Regulations made in this behalf.

6. The University shall have the following objects, namely:—

(a) to impart education in different branches of Veterinary, animal sciences, fishery sciences and allied sciences as it may determine, from time to time;

Bar on

conferring,

granting or

issuing degree,

diploma,

certificate or

an academic

distinction.

Teaching in

University.

Objects of

University.

(g) to co-operate with other universities, institutions, organizations and authorities in such manner and for such purposes, as may be determined;

(h) to establish and maintain College and an institution relating to Veterinary, animal sciences, fishery sciences and allied sciences;

(i) to affiliate any college or an institution to the University and to withdraw affiliation therefrom;

(j) to establish and maintain laboratories, libraries, research stations, processing plants and museums for teaching, research and extension education;

(k) to institute, suspend or abolish Professorship, Associate Professorship, Assistant Professorship, Teachership and other teaching research and extension posts in the University and to make suitable appointments thereto;

(l) to create, suspend or abolish administrative and other posts and to appoint persons to such posts;

(m) to institute, abolish or suspend fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes in accordance with the Statutes and Regulations and to undertake publication of work of merit and research pertaining to research in Veterinary, animal sciences, fishery sciences and allied sciences;

(n) to establish and maintain hostels for students of the University;

(o) to establish and maintain residential accommodation for the employees of the University;

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

(q) to supervise, control and regulate the conduct and discipline of the students of the University and affiliated colleges;

(r) to manage and control the movable and immovable properties of the University;

(iv) such other authority, as may be declared by the Statutes to be an authority of the University.

10. (1) The State Government shall, as soon as possible, after the commencement of this Act, constitute a Board for the management of the University.

(2) The Board of the University shall consist of the following official and non-official members,—

Official members

(a) the Vice-Chancellor;

(b) the Chief Secretary to the State Government;

(c) the Secretaries to the State Government in the Department of-

(i) Animal Husbandry and Dairying; and

(ii) Finance;

(d) Registrar;

(e) the Deputy Director General (Animal Sciences) as a representative of the Indian Council of Agricultural Research;

Non-official members

(a) persons not being officials, appointed by the State Government from amongst the following categories of persons, namely:—

(i) a person who in the opinion of the State Government is an eminent Scientist in Veterinary, animal sciences, fishery sciences or allied sciences, with the background of research or extension education or development or administration;

(ii) two persons who in the opinion of the State Government are progressive farmers or live-stock breeders, having experience of, and interest in, scientific farming of live- stock, poultry or fishery and its improvement;

(iii) one person who in the opinion of the State Government is a distinguished industrialist and businessman associated with veterinary and animal husbandry development;

Board.

(a) to appoint the Vice-Chancellor;

(b) to approve the budget submitted by the Vice-Chancellor;

(c) to hold and control the property and funds of the University and issue any general directive on behalf of the University;

(d) to accept or transfer any property on behalf of the University;

(e) to administer the funds placed at the disposal of the University for specific purposes;

(f) to invest money belonging to the University;

(g) to appoint the officers, teachers and other employees of the University in the manner, as may be prescribed;

(h) to specify the form of common seal of the University;

(i) to appoint such committees, as it may deem necessary for its proper functioning;

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

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

14. (1) The Academic Council shall consist of the following members, namely:—

(a) the Vice-Chancellor;

(b) the Registrar;

(c) the Dean of Post-Graduate Studies;

(d) the Dean of the College;

(e) the Director of Extension Education;

(f) the Director of Research; and

(g) five senior-most Head of the Departments of the University to be nominated by their respective Deans.

(2) The term of office of the members, specified in clause (g) of sub-section (1), shall be two years.

Powers and

duties of

Board.

Constitution of

Academic

Council.

(2) Without prejudice to the generality of the foregoing powers, the Academic Council shall have the following powers,—

(a) to advise the Vice-Chancellor on all academic matters including the control and management of the library;

(b) to co-opt at its meetings such Heads of the 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 with regard to the duties and emoluments thereof;

(d) to formulate, modify or revise schemes for the constitution or reconstitution of Departments of teaching, research and extension;

(e) to make regulations regarding the admission of students to the University;

(f) to make regulations regarding the examinations to be conducted by the University and the conditions on which students shall be admitted to such examinations;

(g) to make regulations relating to the courses of study leading to degree, diploma, certificate and academic distinction;

(h) to make recommendations regarding post-graduate teaching, research and extension;

(i) to make recommendations regarding the qualifications to be prescribed for appointment of teachers in the University and recognized teachers in the affiliated colleges; and

(j) to exercise such other powers and perform such other duties, as may be prescribed.

Powers of

Academic

Council.

13

(2) A person, who is member of any authority of the University as representative of another body, whether of the University or not, shall retain his seat in that authority so long as, he continues to be a member of the body, by which he was appointed or nominated, and thereafter, till his successor is duly appointed or elected.

(3) No act or proceeding of any authority of the University shall be invalid by reason merely of the existence of any vacancy or defect in the constitution of such authority.

(4) If any question arises whether any person has been duly appointed as, or is entitled to be, a member of any authority of the University or whether any decision of the University is in accordance with this Act, Statutes or Regulations, as the case may be, the same shall be referred to the Chancellor, whose decision thereon shall be final.

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

(i) Chancellor;

(ii) Vice-Chancellor;

(iii) Registrar;

(iv) Comptroller;

(v) Dean of Post-graduate Studies;

(vi) Dean of the College;

(vii) Director of Research;

(viii) Director of Extension Education;

(ix) Director of Students' Welfare-cum-Estate Officer;

(x) such other person in the service of the University, as may be so declared by the Statutes or Regulations.

18. (1) The Governor of the State of Haryana by virtue of his office, shall be the Chancellor of the University.

(2) The Chancellor shall be the Head of the University and if present, shall preside over the convocation of the University for conferring degrees.

Vacancy in an

authority of

University.

Officers of

University.

Chancellor.

(4) The emoluments and other conditions of service of the Vice-Chancellor shall be such, as may be prescribed and the same shall not be varied to his disadvantage after his appointment.

(5) The Vice-Chancellor may, relinquish office by resignation in writing, addressed to the Board and deliver it to the Secretary of the Board atleast two months prior to the date, on which he wishes to be relieved.

(6) When a vacancy occurs or is likely to occur in the office of the Vice-Chancellor on account of resignation or expiry of the term of office, the Registrar shall report the fact forthwith to the Board and such vacancy shall be filled in accordance with the provisions of sub-section (1).

21. (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and the Chairman of the Academic Council, and shall, in the absence of the Chancellor, preside over the convocation of the University for conferring degrees etc.

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

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

(4) Without prejudice to the powers conferred by this Act on the State Government, the Vice-Chancellor shall ensure faithful observance of the provisions of this Act, Statutes and Regulations and shall also exercise all such powers, as may be necessary in this behalf.

(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 except dismissal, removal and reduction in rank of the persons appointed by the Board and shall, at the earliest possible, report about the action taken to the concerned authority for confirmation, 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- Powers and

duties of Vice-

Chancellor.

(f) make arrangement for the conduct of such examination, as may be prescribed and be responsible for the due execution of all processes connected therewith; and

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

24. (1) The Comptroller shall be a whole-time officer of the University and shall be appointed by the Vice-Chancellor with the approval of the Board.

(2) The Comptroller shall manage the property and investments of the University and advise with regard to its financial policy.

(3) The Comptroller shall be responsible to the Vice-Chancellor for all the financial matters of the University including the preparation of its budget and statement of accounts.

(4) The Comptroller shall receive such remuneration, as may be prescribed.

(5) The Comptroller shall,—

(a) ensure that the expenditure not authorized in the budget is not incurred by the University, except by way of investment approved by the Board;

(b) disallow any expenditure, not warranted by the terms of any Statutes or for which provision is required to be made by the Statutes but has not yet been made; and

(c) ensure that all money belonging to the University, be kept in a Scheduled Bank.

25. (1) The Dean of Post Graduate Studies shall be a whole time officer and shall be appointed by Vice-Chancellor with the approval of the Board.

(2) The Dean of Post Graduate Studies shall be responsible to Vice-Chancellor for all matters concerning the Post Graduate Studies.

(3) The Dean of Post Graduate Studies shall be responsible for the organization, origination and conduct of postgraduate instruction. Comptroller.

Dean of Post

Graduate

Studies.

30. (1) The Director of the Students Welfare-cum-Estate Officer shall be a whole time officer of the University and shall be appointed by the Vice-Chancellor with the approval of the Board.

(2) The Director of the Students Welfare-cum-Estate Officer shall perform the following duties, namely:—

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

(b) to make programmes of students' counselling;

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

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

(e) to assist the placement of graduates of the University;

(f) to organize and maintain contact with the alumni of the University; and

(g) such other duties, as may be prescribed.

(3) The Director of the Students Welfare-cum-Estate Officer shall be responsible for the custody, maintenance and management of all the buildings, lawns, gardens, playgrounds and other properties of the University.

CHAPTER-IV

COLLEGES AND INSTITUTIONS

31. (1) Each College shall comprise such Departments, as may be prescribed.

(2) There shall be a Head of each Department, who shall be responsible to the concerned Deans for resident instruction; to the Director of Research for research work; and to the Director of Extension Education for extension education.

(3) The Head of the Department shall be selected by the Vice-Chancellor and appointed by him with the approval of the Board, in the manner as may be prescribed.

(4) The duties, powers and functions of the Head of Department shall be such, as may be prescribed.

Director of

Students

Welfare-cum-

Estate Officer.

Composition of

College.

(g) the conferment of honorary degrees;

(h) the establishment, amalgamation, sub-division and abolition of Departments of the College;

(i) the establishment and the abolition of hostels;

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

(k) the maintenance of a register of graduates;

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

(m) the courses of study to be laid down for degree, diploma, certificate or academic distinction of the University;

(n) the conditions under which students shall be admitted to the degree, diploma, certificate or academic distinction and the manner in which the examinations are to be held and the eligibility for the award of degree, diploma, certificate and academic distinction;

(o) the conditions of residence of the students of the University and the levy of fees for residence in 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, teachers and other employees of the University and the preparation and maintenance of record of their services and activities;

(r) the fees to be charged by the University;

(s) the remuneration and allowances, including travelling and daily allowances, to be paid to the persons employed in the business of the University;

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

(u) all other matters, which under this Act are to be or may be provided for by the Statutes or Regulations.

(2) The Board may, from time to time, make new or additional Statutes and may amend or repeal the same.

(3) The Academic Council may propose to the Board, the draft of Statutes and such draft shall be considered by the Board at its next meeting:

Provided that the Academic Council shall not propose the draft of any Statutes or any amendment therein, affecting the status, powers or constitution of any authority of the University, until such authority has been given an opportunity to express its opinion upon the proposal, and any opinion so expressed, shall be considered by the Board.

(4) The Board may consider any such draft, as is referred to in sub-section (3), and pass the proposed Statutes 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) Any member of the Board may,—

(a) propose to the Board, the draft of any Statutes and the Board may, either accept or reject the proposal, if it relates to a matter, not falling within the purview of the Academic Council;

(b) in case, such a draft relates to a matter, which is 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 approves or does not approve the proposal, which, then, shall be deemed to have been rejected by the Board or submit the draft to the Board in such form, as the Academic Council may, approve; and

(c) the provisions of clause (b) shall apply in the case of the draft submitted by any member of the Board under clause (a) to the Board, as they apply in the case of a draft, presented to the Board by the Academic Council.

39. (1) The Regulations, made for the existing university and in force immediately before the commencement of this Act, shall, in so far as Statutes how

made.

Regulations.

23

(2) The authorities of University may make Regulations consistent with this Act and the Statutes for—

(a) suitable recruitment procedure both for teaching and non-teaching posts;

(b) conduct of employees and disciplinary procedure to be followed in case of misconduct and other lapses in the discharge of their duties;

(c) giving of notice to the members of each authority of the dates of meetings and also for keeping the record of the proceedings of the meetings;

(d) the procedure to be followed at the meetings;

(e) all matters concerning and provided for under this Act and the Statutes.

(3) Every Regulation made under this section, shall come into force on such date, as may be specified by the Board.

40. (1) The University shall carry out such directions as may be issued to it, from time to time, by the State Government for the efficient administration of this Act.

(2) The State Government may, at any time, either on its own motion or on application made to it in this behalf, call for the record of any case disposed of, or order passed by the University for the purpose of satisfying itself as to the legality or propriety or correctness of any order passed or directions issued and may pass such order or issue such direction in relation thereto, as it may think fit:

Provided that the State Government shall not pass any order adversely affecting any person without affording such person an opportunity of being heard.

(3) The State Government may depute any officer to inspect or examine the University or its development work and to report thereon and the officer so deputed may, for the purposes of such inspection or examination, call for—

(a) any extract from any proceeding, record, correspondence, plan or other documents of the authority or any committee constituted under this Act; Control by State

Government.

(c) other contributions, grants, donations and benefactions.

46. The University may have such other funds, as may be prescribed.

47. The University shall constitute a Finance Committee consisting of the following members, namely:—

(a) the Vice-Chancellor;

(b) the Comptroller;

(c) a member chosen by the Board from amongst its official members; and

(d) a member chosen by the Board from amongst its non-official members.

48. (1) The Finance Committee shall have the following powers and duties, namely:—

(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 recommendation to the University on all matters relating to the finances of the University; and

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

(2) The accounts and the balance sheet shall be submitted by the Vice-Chancellor through the Board to the State Government, which shall cause them to be audited by the Examiner, Local Fund Accounts.

(3) The accounts, when audited, shall be printed and copies thereof together with audit report, shall be submitted by the Vice-Chancellor to the Board, which shall forward them to the State Government with such comments, as it may deem fit.

Other funds.

Constitution

of Finance

Committee.

Powers and

duties of

Finance

Committee.

CHAPTER-VIII

MISCELLANEOUS

50. (1) The College of Veterinary Sciences, Hisar, College of Animal Sciences, Hisar, fishery unit in the department of Zoology, hostels attached with the aforesaid Veterinary Sciences College, all other movable and immovable assets, liabilities and obligations pertaining thereto shall stand transferred and vested in the University. The College of Animal Sciences shall be renamed as Department of Animal Sciences and Fishery Unit shall be renamed as Department of Fishery Sciences and both shall become part of the College of Veterinary Sciences in the University:

Provided that till the facilities are provided in the University, the University shall continue to share the facilities of library, hospital, playgrounds, guest houses, auditoria, clubs, public health services and accommodation for the employees or any other facility available with the existing university.

(2) The persons under the employment of the College of Veterinary Sciences, Hisar, College of Animal Sciences, Hisar, fishery unit in the Department of Zoology, hostels attached with the aforesaid Veterinary sciences College shall stand transferred to the University on the same terms and conditions of service as are applicable to them in the aforesaid college or institution, unless and until, such conditions are changed with the consent of such persons:

Provided that no person, who is employed on deputation in the said college or institution from the State Government etc., shall be transferred to the University, without the prior approval of the State Government.

(3) The employees of the Central Offices of the existing university's administration i.e. Registrar, Comptroller, Director, Students' Welfare, Estate Officer, Dean, Postgraduate Studies, Director of Research, Director of Extension Education, Librarian and University Hospital or any other centralized offices or facilities, dealing with Veterinary, animal sciences, fisheries and related activities along with budget shall stand transferred to the University.

51. (1) On the commencement of this Act, the assets and liabilities of the existing university relating to Veterinary, animal sciences and fishery Power of State

Government to

direct audit.

Transfer of

College,

institution and

employees to

University.

Division of

assets and

liabilities.

27

(a) any asset of existing university, which immediately before the commencement of this Act, is related to Veterinary, animal sciences, fishery sciences and disease free small animal house, including agricultural land used for fodder or feed production, dairy and poultry farms, fisheries and every right to such property, shall stand transferred to, and shall vest in the University;

(b) the land of the experimental area of the existing university, adjoining the Immunology (Tick Borne Diseases) building shall stand transferred to the University.

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 interests arising out of such property, as were immediately before the commencement of this Act, in the ownership, possession, power or control of existing university, and all books of accounts, registers, records and all other documents of whatever nature relating thereto, shall also be deemed to include all obligations of whatever kind then subsisting, of the existing university.

52. If on the commencement of this Act, any suit, appeal or other proceeding of whatever nature, is pending by or against the existing university, the same shall not abate or be discontinued or be in any way prejudicially affected by reason of the re-organization of the existing university, but such suit, appeal or other proceedings, may be continued, prosecuted or enforced by or against the concerned university to which the subject matter of such suit, appeal or other proceedings pertain after the re-organization.

53. In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar, and all process in such suits and proceedings shall be issued to, and be served on him.

54. Any reference to the existing university in any law, other than this Act, or in any contract or other instrument, shall be construed— Legal

proceedings.

Authentication

of pleadings.

Construction of

references to

existing

university in any

document.