THE CENTRAL AGRICULTURAL UNIVERSITY ACT, 1992
NO. 40 OF 1992
[26th December, 1992.]
An Act to provide for the establishment and incorporation of a Univer-
sity for the North-Eastern region for the development of agricu-
lture and for the furtherance of the advancement of learning and
prosecution of reserch in agriculture and allied sciences in that
region.
BE it enacted by Parliament in the Forty-third Year of the
Republic of India as follows:--
1.
Short title and commencemen.
1. Short title and commencemen. (1) This Act may be called the
Central Agricultural University Act, 1992.
(2) It shall come into force on such date*1 as the Central
Government may, by notification in the Official Gazette, appoint.
2.
Definitions.
2. Definitions. In this Act, and in all Statutes made hereunder,
unless the context otherwise requires,--
(a) "Academic Council" means the Academic Council of the
University;
(b) "academic staff" means such categories of staff as are
designated as academic staff by the Ordinances;
(c) "agriculture" means the basic and applied sciences of
the soil and water management, crop production including
production of all garden crops, control of plants, pests and
diseases, horticulture including floriculture, animal husbandry
including veterinary and dairy science, fisheries, forestry
including farm forestry, homescience, agricultural engineering
and technology, marketing and processing of agricultural and
animal husbandry products, land use and management;
(d) "Board" means the Board of Management of the University;
(e) "Board of Studies" means the Board of Studies of the
University;
(f) "Chancellor" means the Chancellor of the University;
(g) "college" means a constituent college of the University
whether located at the headquarters, campus or elsewhere;
(h) "Department" means a Department of Studies of the
University;
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1. 26-1-1993: Vide Notfin. NO. S.O. 72 (E), dated 25-1-1993).
284
(i) "employee" means any person appointed by the University
and includes teachers and other staff of the University;
(j) "extension education" means the educational activities
concerned with the training of orchardists, farmers and other
groups serving agriculture, horticulture, fisheries and improved
practices related thereto and the various phases of scientific
technology related to agriculture and agricultural production
including post harvest technology and marketing;
(k) "Faculty" means Faculty of the University;
(l) "North-Eastern region" means the North-Eastern region of
India comprising the States of Arunachal Pradesh, Manipur,
Meghalaya, Mizoram, Sikkim and Tripura;
(m) "Ordinances" means the Ordinances of the University;
(n) "Regulations" means the Regulations made by any
authority of the University;
(o) "Research Advisory Committee" means the Research
Advisory Committee of the University;
(p) "Statutes" means the Statutes of the University;
(q) "student" means a person enrolled in the University for
undergoing a course of studies for obtaining a degree, diploma or
other academic distinction duly instituted;
(r) "teachers" means Professors, Associate Professors,
Assistant Professors, Teaching Faculty Members and their
equivalent appointed for imparting instruction or conducting
research or extension education programmes or combination of
these in the University, college or any institute maintained by
the University and designated as teachers by the Ordinances;
(s) "University" means the Central Agricultural University
established under this Act;
(t) "Vice-Chancellor" means the Vice-Chancellor of the
University;
(u) "Visitor" means the Visitor of the University.
3.
The University.
3. The University. (1) There shall be established a University by
the name of the "Central Agricultural University".
(2) The headquarters of the University shall be at Imphal in the
State of Manipur and it may also establish compuses at such other
places within its jurisdiction as it may deem fit.
(3) The first Chancellor and the first Vice-Chancellor and the
first members of the Board, the Academic Council and all persons who
may hereafter become such officers or members, so long as they
continue to hold such office or membership are hereby constituted a
body corporate by the name of the Central Agricultural University.
(4) The University shall have perpetual succession and a common
seal and shall sue and be sued by the said name.
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4.
Objects of the University
4. Objects of the University. The objects of the University shall
be--
(a) to impart education in different branches of
agricultural and allied sciences as it may deem fit;
(b) to further the advancement of learning and prosecution
of research in agriculture and allied sciences;
(c) to undertake programmes of extension education in the
States under its jurisdiction; and
(d) to undertake such other activities as it may, from time
to time, determine.
5.
Powers of the University.
5. Powers of the University. The University shall have the
following powers, namely:--
(i) to make provision for instructions in agricultural and
allied sciences;
(ii) to make provision for conduct of research in
agricultural and allied branches of learning;
(iii) to make provision for dissemination of the findings of
research and technical information through extension programmes;
(iv) to grant, subject to such conditions as it may
determine, diplomas or certificates to, and confer degrees or
other academic distinctions on the basis of examination,
evaluation or any other method of testing, on persons, and to
withdraw any such diplomas, certificates, degrees or other
academic distinction for good and sufficient cause;
(v) to confer honorary degrees or other distinctions in the
manner prescribed by the Statutes;
(vi) to provide lectures and instructions for field workers,
village leaders and other persons not enrolled as regular
students of the University and to grant certificates to them as
may be prescribed by the Statutes;
(vii) to co-operate or collaborate or associate with any
other University or authority or institution of higher learning
in such manner and for such purposes as the University may
determine;
(viii) to establish and maintain colleges relating to
agriculture, fisheries, dairying, veterinary medicine and animal
science, homescience, agricultural engineering, forestry and
allied sciences;
(ix) to establish and maintain such campuses, special
centres, specialised laboratories, libraries, museums or other
units for research and instruction as are, in its opinion,
necessary for the furtherance of its objects;
(x) to create teaching, research and extension education
posts and to make appointments thereto;
(xi) to create administrative, ministerial and other posts
and to make appointments thereto;
(xii) to institute and award fellowships, scholarships,
studentships, medals and prizes;
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(xiii) to determine standards of admission to the
University, which may include examination, evaluation or any
other method of testing;
(xiv) to provide and maintain residential accommodation for
students and employees;
(xv) to supervise the residences of the students of the
University and to make arrangements for promoting their health
and general welfare;
(xvi) to lay down conditions of service of all categories of
employees, including their code of conduct;
(xvii) to regulate and enforce discipline among the students
and the employees, and to take such disciplinary measures in this
regard as it may deem necessary;
(xviii) to fix, demand and receive such fees and other
charges as may be prescribed by the Statutes;
(xix) to borrow, with the approval of the Central Government
on the security of its property, money for the purpose of the
University;
(xx) to receive benefactions, donations and gifts and to
acquire, hold, manage and dispose of any property, movable or
immovable, including trust and endowment properties for its
purposes;
(xxi) to do all such other acts and things as may be
necessary, incidental or conducive to the attainment of all or
any of its objects.
6.
Jurisdiction.
6. Jurisdiction. (1) The jurisdiction and responsibility of the
University with respect to teaching, research and programmes of
extension education at the University level, in the field of
agricultural shall extend to the States of Arunachal Pradesh, Manipur,
Meghalaya, Mizoram, Sikkim and Tripura.
(2) All colleges, research and experimental stations or other
institutions coming under the jurisdiction and authority of the
University shall be its constituent units under the full management
and control of its officers and authorities and no such units shall be
recognised as affiliated units.
(3) The University may assume responsibility for the training of
field extension workers and others and may develop such training
centres as may be required in various parts of the States under its
jurisdiction.
7.
University open to all classes, castes and creed.
7. University open to all classes, castes and creed. The
University shall be open to persons of either sex and of whatever
caste, creed, race or class, and it shall not be lawful for the
University to adopt or impose on any person, any test whatsoever of
religious belief or profession in order to entitle him to be appointed
as a teacher of the University or to hold any other office therein or
be admitted as a student in the University or to graduate thereat or
to enjoy or exercise any privilege thereof:
Provided that nothing in this section shall be deemed to prevent
the University from making special provisions for the employment or
admission of women, handicapped or of persons belonging to the weaker
sections of the society and, in particular, of the Scheduled Castes
and the Scheduled Tribes.
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8.
The Visitor.
8. The Visitor. (1) The President of India shall be the Visitor
of the University.
(2) Subject to the provisions of sub-sections (3) and (4), the
Visitor shall have the right to cause an inspection to be made, by
such person or persons as he may direct, of the University, its
buildings, laboratories, libraries, museums, workshops and equipments,
and of any institution or college and also of the examination,
instruction and other work conducted or done by the University, and to
cause an inquiry to be made in like manner in respect of any matter
connected with the administration and finances of the University.
(3) The Visitor shall, in every case, give notice to the
University of his intention to cause an inspection or inquiry to be
made and the University shall, on receipt of such notice, have the
right to make, within thirty days from the date of receipt of the
notice or such other period as the Visitor may determine, such
representations to him as it may consider necessary.
(4) After considering the representations, if any, made by the
University, the Visitor may cause to be made such inspection or
inquiry as is referred to in sub-section (2).
(5) Where an inspection or inquiry has been caused to be made by
the Visitor, the University shall be entitled to appoint a
representative who shall have the right to appear in person and to be
heard on such inspection or inquiry.
(6) The Visitor may address the Vice-Chancellor with reference to
the results of such inspection or inquiry together with such views and
advice with regard to the action to be taken thereon as the Visitor
may be pleased to offer and on receipt of the address made by the
Visitor, the Vice-Chancellor shall communicate forthwith to the
Board the results of the inspection or inquiry and the views of the
Visitor and the advice tendered by him upon the action to be taken
thereon.
(7) The Board shall communicate through the Vice-Chancellor to
the Visitor such action, if any, as it proposes to take or has been
taken by it upon the results of such inspection or inquiry.
(8) Where the Board does not, within a reasonable time, take
action to the satisfaction of the Visitor, the Visitor may, after
considering any explanation furnished or representation made by the
Board, issue such directions as he may think fit and the Board shall
be bound to comply with such directions.
(9) Without prejudice to the foregoing provisions of this
section, the Visitor may, by an order in writing, annul any proceeding
of the University which is not in conformity with this Act, the
Statutes or the Ordinances:
Provided that before making any such order, he shall call upon
the University to show cause why such an order should not be made and,
if any cause is shown within a reasonable time, he shall consider the
same.
(10) The Visitor shall have such other powers as may be specified
by the Statutes.
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9.
Officers of the University.
9. Officers of the University. The following shall be the
officers of the University, namely:--
(1) the Chancellor;
(2) the Vice-Chancellor;
(3) Deans;
(4) Directors;
(5) the Registrar;
(6) the Comptroller; and
(7) such other officers as may be prescribed by the Statutes.
10.
The Chancellor.
10. The Chancellor. (1) The Chancellor shall be appointed by the
Visitor in such manner as may be prescribed by the Statutes.
(2) The Chancellor shall, by virtue of his office, be the Head of
the University.
(3) The Chancellor shall, if present, preside at the convocations
of the University held for conferring degrees.
11.
The Vice-Chancellor.
11. The Vice-Chancellor. (1) The Vice-Chancellor shall be
appointed by the Visitor in such manner as may be prescribed by the
Statutes.
(2) The Vice-Chancellor shall be the principal executive and
academic officer of the University and shall exercise general
supervision and control over the affairs of the University and give
effect to the decisions of all the authorities of the University.
(3) The Vice-Chancellor may, if he is of opinion that immediate
action is necessary on any matter, exercise any power conferred on any
authority of the University by or under this Act and shall report to
such authority the action taken by him on such matter:
Provided that if the authority concerned is of opinion that such
action ought not to have been taken, it may refer the matter to the
Visitor whose decision thereon shall be final:
Provided further that any person in the service of the University
who is aggrieved by the action taken by the Vice-Chancellor under this
sub-section shall have the right to appeal against such action to the
Board within three months from the date on which decision on such
action is communicated to him and thereupon the Board may confirm,
modify or reverse the action taken by the Vice-Chancellor.
(4) The Vice-Chancellor, if he is of opinion that any decision of
any authority of the University is beyond the powers of the authority
conferred by the provisions of this Act, the Statutes or the
Ordinances or that any decision taken is not in the interest of the
University, may ask the authority concerned to review its decision
within sixty days of such decision and if the authority refuses to
review the decision either in whole or in part or no decision is taken
by it within the said period of sixty days, the matter shall be
referred to the Visitor whose decision thereon shall be final.
(5) The Vice-Chancellor shall exercise such other powers and
perform such other duties as may be prescribed by the Statutes or the
Ordinances.
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12.
Deans and Directors.
12. Deans and Directors. Every Dean and every Director shall be
appointed in such manner and shall exercise such powers and perform
such duties as may be prescribed by the Statutes.
13.
The Registrar.
13. The Registrar. (1) The Registrar shall be appointed in such
manner as may be prescribed by the Statutes.
(2) The Registrar shall have the power to enter into agreements,
sign documents and authenticate records on behalf of the University
and shall exercise such powers and perform such duties as may be
prescribed by the Statutes.
14.
The Comptroller.
14. The Comptroller. The Comptroller shall be appointed in such
manner and shall exercise such powers and perform such duties as may
be prescribed by the Statutes.
15.
Other officers.
15. Other officers. The manner of appointment and powers and
duties of the other officers of the University shall be prescribed by
the Statutes.
16.
Authorities of the University.
16. Authorities of the University. The following shall be the
authorities of the University, namely:--
(1) the Board;
(2) the Academic Council;
(3) the Finance Committee;
(4) the Research Programme Committee;
(5) the Extension Education Advisory Committee;
(6) the Board of Studies; and
(7) such other authorities as may be prescribed by the Statutes.
17.
The Board.
17. The Board. (1) The Board shall be the principal executive
body of the University.
(2) The constitution of the Board, the term of office of its
members and its powers and functions shall be prescribed by the
Statutes.
18.
The Academic Council.
18. The Academic Council. (1) The Academic Council shall be the
principal academic body of the University and shall, subject to the
provisions of this Act, the Statutes and Ordinances, have the control
and general regulation of, and be responsible for, the maintenance of
standards of learning, education, instruction, evaluation and
examination within the University and shall exercise such other powers
and perform such other functions as may be conferred or imposed upon
it by the Statutes.
(2) The constitution of the Academic Council and the term of
office of its members shall be prescribed by the Statutes.
19.
The Finance Committee.
19. The Finance Committee. The constitution, powers and functions
of the Finance Committee shall be prescribed by the Statutes.
20.
The Research Programme Committee.
20. The Research Programme Committee. The constitution, powers
and functions of the Research Programme Committee shall be prescribed
by the Statutes.
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21.
The Extension Education Advisory Committee.
21. The Extension Education Advisory Committee. The constitution,
powers and functions of the Extension Education Advisory Committee
shall be prescribed by the Statutes.
22.
The Board of Studies.
22. The Board of Studies. The constitution, powers and functions
of the Board of Studies shall be prescribed by the Statutes.
23.
Faculties.
23. Faculties. The University shall have such Faculties as may be
prescribed by the Statutes.
24.
Other authorities.
24. Other authorities. The constitution, powers and functions of
other authorities of the University referred to in clause (7) of
section 16 shall be such as may be prescribed by the Statutes.
25.
Power to make Statutes.
25. Power to make Statutes. Subject to the provisions of this
Act, the Statutes may provide for all or any of the following matters,
namely:--
(a) the constitution, powers and functions of the
authorities of the University, as may be constituted from time to
time;
(b) the appointment and continuance in office of the members
of the said authorities, the filling up of vacancies of members,
and all other matters relating to those authorities for which it
may be necessary or desirable to provide;
(c) the appointment, powers and duties of the officers of
the University and their emoluments;
(d) the appointment of teachers, academic staff and other
employees of the University and their emoluments;
(e) the appointment of teachers and academic staff working
in any other University or organisation for a specific period for
undertaking a joint project;
(f) the conditions of service of employees including
provision for pension, insurance and provident fund, the manner
of termination of service and disciplinary action;
(g) the principles governing the seniority of service of the
employees of the University;
(h) the procedure for arbitration in cases of dispute
between employees or students and the University;
(i) the procedure for appeal to the Board by any employee or
student against the action of any officer or authority of the
University;
(j) the establishment and abolition of Departments, Centres,
colleges and institutions;
(k) the conferment of honorary degrees;
(l) the withdrawal of degrees, diplomas, certificates and
other academic distinctions;
291
(m) the institution of fellowships, scholarships,
studentships, medals and prizes;
(n) the delegation of powers vested in the authorities or
officers of the University;
(o) the maintenance of discipline among the employees and
students;
(p) all other matters which by this Act are to be, or may
be, prescribed by the Statutes.
26.
Statutes how to be made.
26. Statutes how to be made. (1) The first Statutes are those set
out in the Schedule.
(2) The Board may from time to time make Statutes or may amend or
repeal the Statutes referred to in sub-section (1):
Provided that the Board shall not make, amend or repeal any
Statute affecting the status, powers or constitution of any authority
of the University until such authority has been given an opportunity
of expressing an opinion in writing on the proposed changes, and any
opinion so expressed shall be considered by the Board.
(3) Every Statute or any amendment or repeal of a Statute shall
require the assent of the Visitor who may assent thereto or withhold
assent therefrom or remit it to the Board for consideration.
(4) A Statute or a Statute amending or repealing an existing
Statute shall have no validity unless it has been assented to by the
Visitor.
(5) Notwithstanding anything contained in the foregoing sub-
sections, the Visitor may amend or repeal the Statutes referred to in
sub-section (1), during the period of three years immediately after
the commencement of this Act.
(6) Notwithstanding anything contained in the foregoing sub-
sections, the Visitor may direct the University to make provisions in
the Statutes in respect of any matter specified by him and if the
Board is unable to implement such direction within sixty days of its
receipt, the Visitor may, after considering the reasons, if any,
communicated by the Board for its inability to comply with such
direction, make or amend the Statutes suitably.
27.
Power to make Ordinances.
27. Power to make Ordinances. (1) Subject to the provisions of
this Act and the Statutes, the Ordinances may provide for all or any
of the following matters, namely:--
(a) the admission of students to the University and their
enrolment as such;
(b) the courses of study to be laid down for all degrees,
diplomas and certificates of the University;
(c) the medium of instruction and examination;
(d) the award of degrees, diplomas, certificates and other
academic distinctions, the qualifications for the same and the
means to be taken relating to the granting and obtaining of the
same;
(e) the fees to be charged for courses of study in the
University and for admission to the examinations, degrees,
diplomas and certificates of the University;
292
(f) the conditions for award of fellowships, scholarships,
studentships, medals and prizes;
(g) the conduct of examinations, including the term of
office and manner of appointment and the duties of examining
bodies, examiners and moderators;
(h) the conditions of residence of the students;
(i) the special arrangements, if any, which may be made for
the residence, discipline and teaching of women students and the
prescribing of special courses of studies for them;
(j) the appointment and emoluments of employees other than
those for whom provision has been made in the Statutes;
(k) the establishment of special centres, specialized
laboratories and other committees;
(l) the manner of co-operation and collaboration with other
Universities and authorites including learned bodies or
associations;
(m) the creation, composition and functions of any other
body which is considered necessary for improving the academic
life of the University;
(n) such other terms and conditions of service of teachers
and other academic staff as are not prescribed by the Statutes;
(o) the management of colleges and institutions established
by the University;
(p) the setting up of a machinery for redressal of
grievances of employees; and
(q) all other matters which by this Act or the Statutes may
be provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor
with the previous approval of the Central Government and the
Ordinances so made may be amended or repealed at any time by the Board
in the manner prescribed by the Statutes.
28.
Regulations.
28. Regulations. The authorities of the University may make
Regulations, consistent with this Act, the Statutes and the Ordinances
for the conduct of their own business and that of the committees
appointed by them and not provided for by this Act, the Statutes or
the Ordinances in the manner prescribed by the Statutes.
29.
Annual report.
29. Annual report. (1) The annual report of the University shall
be prepared under the direction of the Board, which shall include,
among other matters, the steps taken by the University towards the
fulfilment of its objects and shall be submitted to the Board on or
after such date as may be prescribed by the Statutes and the Board
shall consider the report in its annual meeting.
(2) The Board shall submit the annual report to the Visitor along
with its comments, if any.
(3) A copy of the annual report as prepared under sub-section
(1), shall also be submitted to the Central Government, which shall,
as
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soon as may be, cause the same to be laid before both Houses of
Parliament.
30.
Annual accounts.
30. Annual accounts. (1) The annual accounts of the University
shall be prepared under the directions of the Board and shall, once at
least every year and at intervals of not more than fifteen months, be
audited by the Comptroller and Auditor-General of India or by such
persons as he may authorise in this behalf.
(2) A copy of the annual accounts together with the audit report
thereon shall be submitted to the Board and the Visitor along with the
observations of the Board.
(3) Any observations made by the Visitor on the annual accounts
shall be brought to the notice of the Board and the observations of
the Board, if any, shall be submitted to the Visitor.
(4) A copy of the annual accounts together with the audit report
as submitted to the Visitor, shall also be submitted to the Central
Government, which shall, as soon as may be, cause the same to be laid
before both Houses of Parliament.
(5) The audited annual accounts after having been laid before
both Houses of Parliament shall be published in the Official Gazette.
31.
Conditions of service of employees.
31. Conditions of service of employees. (1) Every employee of the
University shall be appointed under a written contract, which shall be
lodged with the University and a copy of which shall be furnished to
the employee concerned.
(2) Any dispute arising out of the contract between the
University and any employee shall, at the request of the employee, be
referred to a Tribunal of Arbitration consisting of one member
appointed by the Board, one member nominated by the employee concerned
and an umpire appointed by the Visitor.
(3) 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.
(4) Every request made by the employee under sub-section (2)
shall be deemed to be a submission to arbitration upon the terms of
this section within the meaning of the Arbitration Act, 1940 (2 of
1940).
(5) The procedure for regulating the work of the Tribunal shall
be prescribed by the Statutes.
32.
Procedure of appeal and arbitration in disciplinary cases againststudents.
32. Procedure of appeal and arbitration in disciplinary cases
against students. (1) Any student or candidate for an examination
whose name has been removed from the rolls of the University by the
orders or resolution of the Vice-Chancellor, Discipline Committee or
Examination Committee, as the case may be, and who has been debarred
from appearing at the examinations of the University for more than one
year, may, within ten days of the date of receipt of such orders or
copy of such resolution by him, appeal to the Board and the Board may
confirm, modify or reverse the decision of the Vice-Chancellor or the
Committee, as the case may be.
(2) Any dispute arising out of any disciplinary action taken by
the University against a student shall, at the request of such
student, be referred to a Tribunal of Arbitration and the provisions
of sub-sections (2), (3), (4) and (5) of section 31 shall, as far as
may be, apply to a reference made under this sub-section.
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33.
Right to appeal.
33. Right to appeal. Every employee or student of the University
or of a college or institution maintained by the University shall,
notwithstanding anything contained in this Act, have a right to
appeal, within such time as may be prescribed by the Statutes, to the
Board against the decision of any officer or authority of the
University or any college or an institution, as the case may be, and
thereupon the Board may confirm, modify or reverse the decision
appealed against.
34.
Provident and pension funds.
34. Provident and pension funds. (1) The University shall
constitute for the benefit of its employees such provident or pension
fund or provide such insurance schemes as it may deem fit in such
manner and subject to such conditions as may be prescribed by the
Statutes.
(2) Where such provident fund or pension fund has been so
constituted, the Central Government may declare that the provision of
the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund,
as if it were a Government provident fund.
35.
Disputes as to constitution of University authorities.
35. Disputes as to constitution of University authorities. If any
question arises as to whether any person has been duly appointed as,
or is entitled to be, a member of any authority of the University, the
matter shall be referred to the Visitor whose decision thereon shall
be final.
36.
Constitution of Committees.
36. Constitution of Committees. Where any authority of the
University is given power by this Act or the Statutes to appoint
Committees, such Committees shall, save as otherwise provided, consist
of the members of the authority concerned and of such other person, if
any, as the authority in each case may think fit.
37.
Filling of casual vacancies.
37. Filling of casual vacancies. All casual vacancies among the
members (other than ex officio members) of any authority of the
University shall be filled, as soon as may be, by the person who
appointed or co-opted the member whose place has become vacant and
person appointed 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.
38.
Proceedings of University authorities not invalidated by vacancy.
38. Proceedings of University authorities not invalidated by
vacancy. No act or proceedings of any authority of the University
shall be invalid merely by reason of the existence of a vacancy or
vacancies among its members.
39.
Protection of action taken in good faith.
39. Protection of action taken in good faith. No suit,
prosecution or other legal proceedings shall lie against the Board,
any authority or officer or other employee of the University for
anything which is in good faith done or intended to be done in
pursuance of any of the provisions of this Act, the Statutes or the
Ordinances.
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40.
Mode of proof of University records.
40. Mode of proof of University records. A copy of any receipt,
application, notice, order, proceeding, resolution of any authority or
Committee of the University, or other documents in possession of the
University, or any entry in any register duly maintained by the
University, if verified by the Registrar, shall be received as prima
facie evidence of such receipt, application, notice, order,
proceeding, resolution or documents or the existence of entry in the
register and shall be admitted as evidence of the matters and
transactions therein where the original thereof would, if produced,
have been admissible in evidence, notwithstanding anything contained
in the Indian Evidence Act, 1872 (1 of 1872.) or in any other law for
the time being in force.
41.
Power to remove difficulties.
41. Power to remove difficulties. (1) If any difficulty arises in
giving effect to the provisions of this Act, the Central Government
may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act, as appear to it to
be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section
after the expiry of three years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as
may be after it is made, before each House of Parliament.
42.
Transitional provisions.
42. Transitional provisions. Notwithstanding anything contained
in this Act and the Statutes,--
(a) the first Chancellor and the first Vice-Chancellor shall
be appointed by the Visitor and shall hold office for a term of
five years;
(b) the first Registrar and the first Comptroller shall be
appointed by the Visitor and each of the said officers shall hold
office for a term of three years;
(c) the first members of the Board shall be nominated by the
Visitor and shall hold office for a term of three years;
(d) the first members of the Academic Council shall be
nominated by the Visitor and shall hold office for a term of
three years:
Provided that if any vacancy occurs in the above offices or
authorities, the same shall be filled by appointment or nomination, as
the case may be, by the Visitor, and the person so appointed or
nominated shall hold office for so long as the officer or member in
whose place he is appointed or nominated would have held office, if
such vacancy had not occurred.
43.
Statutes, Ordinances and Regulations to be published in the OfficialGazette
and to be laid before Parliament.
43. Statutes, Ordinances and Regulations to be published in the
Official Gazette and to be laid before Parliament. (1) Every Statute,
Ordinance or Regulation made under this Act shall be published in the
Official Gazette.
(2) Every Statute, Ordinance or Regulation made under this Act
shall be laid, as soon as may be after it is made, before each House
of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the
Statute, Ordinance or Regulation or both Houses agree that the
Statute, Ordinance or Regulation should not be made, the Statute,
Ordinance or Regulation shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice
296
to the validity of anything previously done under that Statute,
Ordinance or Regulation.
(3) The power to make Statutes, Ordinances or Regulations shall
include the power to give retrospective effect from a date not earlier
than the date of commencement of this Act, to the Statutes, Ordinances
or Regulations or any of them but no retrospective effect shall be
given to any Statute, Ordinance or Regulation so as to prejudicially
affect the interests of any person to whom such Statutes, Ordinances
or Regulations may be applicable.
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SCHE
THE STATUTES OF THE UNIVERSITY
THE SCHEDULE
(See section 26)
THE STATUTES OF THE UNIVERSITY
The Chancellor
1. (1) The Chancellor shall be appointed by the Visitor from a
panel of not less than three persons recommended by the Board from
amongst persons of eminence in education in general and agricultural
sciences in particular:
Provided that if the Visitor does not approve of any of the
persons so recommended he may call for fresh recommendations from the
Board.
(2) The Chancellor shall hold office for a term of five years and
shall not be eligible for reappointment:
Provided that notwithstanding the expiry of his term of office,
the Chancellor shall continue to hold office until his successor
enters upon his office.
The Vice-Chancellor
2. (1) The Vice-Chancellor shall be appointed by the Visitor from
a panel of not less than three persons who shall be recommended by a
Committee as constituted under clause (2):
Provided that if the Visitor does not approve of any of the
persons included in the panel, he may call for a fresh panel.
(2) The Committee referred to in clause (1), shall consist of a
nominee of the Visitor, the Director-General of the Indian Council of
Agricultural Research and the Secretary to the North-Eastern Council,
set-up under section 3 of the North-Eastern Council Act, 1971 (84 of
1971) and the nominee of the Visitor shall be the convener of the
Committee.
(3) The Vice-Chancellor shall be a whole-time salaried officer of
the University.
(4) The Vice-Chancellor shall hold office for a term of five
years from the date on which he enters upon his office, or until he
attains the age of sixty-five years, whichever is earlier, and he
shall not be eligible for reappointment:
Provided that notwithstanding the expiry of the said period of
five years, he shall continue in office until his successor is
appointed and enters upon his office:
Provided further that the Visitor may direct any Vice-Chancellor
after his term has expired, to continue in office for such period, not
exceeding a total period of one year, as may be specified by him.
(5) The emoluments and other conditions of service of the Vice-
Chancellor shall be as follows:--
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(i) The Vice-Chancellor shall be paid a monthly salary and
allowances other than the house rent allowance, at the rates
fixed by the Central Government from time to time and he shall be
entitled, without payment of rent, to use a furnished residence
throughout his term of office and no charge shall fall on the
Vice-Chancellor in respect of the maintenance of such residence.
(ii) The Vice-Chancellor shall be entitled to such terminal
benefits and allowances as may be fixed by the Board with the
approval of the Visitor from time to time:
Provided that where an employee of the University or a
college or an institution maintained by it, or of any other
University or any Institution maintained by or affiliated to such
other University, is appointed as the Vice-Chancellor, he may be
allowed to continue to contribute to any provident fund of which
he is a member and the University shall contribute to the account
of such person in that provident fund at the same rate at which
the person had been contributing immediately before his
appointment as the Vice-Chancellor:
Provided further that where such employee had been a member
of any pension scheme, the University shall make the necessary
contribution to such scheme.
(iii) The Vice-Chancellor shall be entitled to travelling
allowance at such rates as may be fixed by the Board.
(iv) The Vice-Chancellor shall be entitled to leave on full
pay at the rate of thirty days in a calendar year and the leave
shall be credited to his account in advance in two half-yearly
instalments of fifteen days each on the 1st day of January and
July every year;
Provided that if the Vice-Chancellor assumes or relinquishes
charge of the office of the Vice-Chancellor during the currency
of a half year, the leave shall be credited proportionately at
the rate of two and-a-half days for each completed month of
service.
(v) In addition to the leave referred to in sub-clause (iv),
the Vice-Chancellor shall also be entitled to half pay leave at
the rate of twenty days for each completed year of service. This
half pay leave may also be availed of as commuted leave on full
pay on medical certificate. When commuted leave is availed, twice
the amount of half pay leave shall be debited against half pay
leave due.
(6) If the office of the Vice-Chancellor becomes vacant due to
death, resignation or otherwise, or if he is unable to perform his
duties due to ill-health or any other cause, the senior-most Dean or
Director, as the case may be, shall perform the duties of the Vice-
Chancellor until a new Vice-Chancellor assumes office or until the
Vice-Chancellor attends to the duties of his office, as the case may
be.
Powers and duties of the Vice-Chancellor
3. (1) The Vice-Chancellor shall be ex officio Chairman of the
Board, the Academic Council and the Finance Committee and shall, in
the absence of the Chancellor, preside at the convocations held for
conferring degrees.
299
(2) The Vice-Chancellor shall be entitled to be present at, and
address, any meeting of any authority of the University, but shall not
be entitled to vote thereat unless he is a member of such authority.
(3) It shall be the duty of the Vice-Chancellor to see that this
Act, the Statutes, the Ordinances and the Regulations are duly
observed, and he shall have all the powers necessary to ensure such
observance.
(4) The Vice-Chancellor shall exercise control over the affairs
of the University and shall give effect to the decisions of all the
authorities of the University.
(5) The Vice-Chancellor shall have all the powers necessary for
the proper maintenance of discipline in the University and he may
delegate any such powers to such person or persons as he may deem fit.
(6) The Vice-Chancellor shall have the power to convene or cause
to be convened the meetings of the Board, the Academic Council and the
Finance Committee.
Deans of colleges
4. (1) Every Dean of a college shall be appointed by the Vice-
Chancellor from among the Professors in the college for a period of
five years and he shall be eligible for reappointment:
Provided that a Dean on attaining the age of sixty years shall
cease to hold office as such:
Provided further that if at any time there is no Professor in a
college, the Vice-Chancellor, or a Dean authorised by the Vice-
Chancellor in this behalf, shall exercise the powers of the Dean of
the college.
(2) When the office of the Dean is vacant or when the Dean is, by
reason of illness, absence or any other cause, unable to perform
duties of his office, the duties of the office shall be performed by
such person as the Vice-Chancellor may appoint for the purpose.
(3) The Dean shall be the Head of the college and shall be
responsible for the conduct and maintenance of the standards of
teaching and research in the college and shall have such other
functions as may be prescribed by the Ordinances.
(4) The Dean shall have the right to be present and to speak at
any meeting of the Board of Studies or Committees of the college, as
the case may be, but shall not have the right to vote thereat unless
he is a member thereof.
Director Instruction
5. (1) The Director Instruction shall be appointed by the Board
on the recommendation of a Selection Committee constituted for the
purpose and he shall be a whole-time salaried officer of the
University.
(2) The Director Instruction shall hold office for a term of five
years and shall be eligible for reappointment:
Provided that the Director Instruction on attaining the age of
sixty years shall cease to hold office as such.
300
(3) The Director Instruction shall be responsible for planning
coordination and supervision for all educational programmes in the
various faculties of the University.
The Director of Research
6. (1) The Director of Research shall be appointed by the Board
on the recommendation of a Selection Committee constituted for the
purpose and he shall be a whole-time salaried officer of the
University.
(2) The Director of Research shall hold office for a term of five
years and shall be eligible for reappointment:
Provided that the Director of Research on attaining the age of
sixty years shall cease to hold office as such.
(3) The Director of Research shall be responsible for the
supervision and coordination of research programmes in the University.
The Director of Extension Education
7. (1) The Director of Extension Education shall be appointed by
the Board on the recommendation of a Selection Committee constituted
for the purpose and he shall be a whole-time salaried officer of the
University.
(2) The Director of Extension Education shall hold office for a
term of five years and shall be eligible for reappointment:
Provided that the Director of Extension Education on attaining
the age of sixty years shall cease to hold office as such.
(3) The Director of Extension Education shall be responsible for
the supervision and coordination of all Extension Education Programmes
of the University.
Registrar
8. (1) The Registrar shall be appointed by the Board on the
recommendation of a Selection Committee constituted for the purpose
and shall be a whole-time salaried officer of the University.
(2) He shall be appointed for a term of five years and shall be
eligible for reappointment.
(3) The emoluments and other terms and conditions of service of
the Registrar shall be such as may be prescribed by the Ordinances:
Provided that the Registrar shall retire on attaining the age of
sixty years:
Provided further that a Registrar shall, notwithstanding his
attaining the age of sixty years, continue in office until his
successor is appointed and enters upon his office or until the expiry
of a period of one year, whichever is earlier.
(4) When the office of the Registrar is vacant or when the
Registrar is, by reason of illness, absence, or any other cause,
unable to perform the duties of his office, the duties of the office
shall be performed by such person as the Vice-Chancellor may appoint
for the purpose.
(5) (a) The Registrar shall have power to take disciplinary
action against such of the employees, excluding teachers, as may be
specified in
301
the order of the Board and to suspend them pending inquiry, to
administer warnings to them or to impose on them the penalty of
censure or the withholding of increment:
Provided that no such penalty shall be imposed unless the person
concerned has been given a reasonable opportunity of showing cause
against the action proposed to be taken in regard to him.
(b) An appeal shall lie to the Vice-Chancellor against any order
of the Registrar imposing any of the penalties specified in sub-clause
(a).
(c) In a case where the inquiry discloses that a punishment
beyond the power of the Registrar is called for, the Registrar shall,
upon conclusion of the inquiry, make a report to the Vice-Chancellor
along with his recommendations:
Provided that an appeal shall lie to the Board against an order
of the Vice-Chancellor imposing any penalty.
(6) The Registrar shall be ex officio Secretary of the Board and
the Academic Council, but shall not be deemed to be a member of any of
these authorities.
(7) It shall be the duty of the Registrar--
(a) to be the custodian of the records, the common seal and
such other property of the University as the Board shall commit
to his charge;
(b) to issue all notices convening meetings of the Board,
the Academic Council and of any Committees appointed by those
authorities;
(c) to keep the minutes of all the meetings of the Board,
the Academic Council and of any Committees appointed by those
authorities;
(d) to conduct the official correspondence of the Board and
the Academic Council;
(e) to arrange for and superintend the examinations of the
University in accordance with the manner prescribed by the
Ordinances;
(f) to supply to the Visitor, copies of the agenda of the
meetings of the authorities of the University as soon as they are
issued; and the minutes of such meetings;
(g) to represent the University in suits or proceedings by
or against the University, sign powers-of-attorney and verify
pleadings or depute his representatives for the purpose; and
(h) to perform such other duties as may be specified in the
Statutes, the Ordinances or the Regulations or as may be required
from time to time, by the Board or the Vice-Chancellor.
The Comptroller
9. (1) The Comptroller shall be appointed by the Board on the
recommendation of a Selection Committee constituted for the purpose
and he shall be a whole-time salaried officer of the University.
302
(2) He shall be appointed for a term of five years and shall be
eligible for reappointment.
(3) The emoluments and other terms and conditions of service of
the Comptroller shall be such as may be prescribed by the Ordinances:
Provided that a Comptroller shall retire on attaining the age of
sixty years:
Provided further that the Comptroller shall, notwithstanding his
attaining the age of sixty years, continue in office until his
successor is appointed and enter upon his office or until the expiry
of a period of one year, whichever is earlier.
(4) When the office of the Comptroller is vacant or when the
Comptroller is, by reason of illness, absence or any other cause,
unable to perform the duties of his office, the duties of the office
shall be performed by such person as the Vice-Chancellor may appoint
for the purpose.
22
(5) The Comptroller shall be ex officio Secretary of the Finance
Committee, but shall not be deemed to be a member of such Committee.
(6) The Comptroller shall--
(a) exercise general supervision over the funds of the
University and shall advise it as regards its financial policy;
and
(b) perform such other financial functions as may be
assigned to him by the Board or as may be prescribed by the
Statutes or the Ordinances.
(7) Subject to the control of the Board, the Comptroller shall--
(a) hold and manage the property and investments of the
University including trust and endowed property;
(b) ensure that the limits fixed by the Board for recurring
and non-recurring expenditure for a year are not exceeded and
that all moneys are expended on the purpose for which they are
granted or allotted;
(c) be responsible for the preparation of annual accounts
and the budget of the University and for their presentation to
the Board;
(d) keep a constant watch on the state of the cash and bank
balances and on the state of investments;
(e) watch the progress of the collection of revenue and
advise on the methods of collection employed;
(f) ensure that the registers of buildings, land, furniture
and equipment are maintained up-to-date and that stock-checking
is conducted, of equipment and other consumable materials in all
offices, Specialised Laboratories, Colleges and Institutions
maintained by the University;
(g) bring to the notice of the Vice-Chancellor unauthorised
expenditure and other financial irregularities and suggest
disciplinary action against persons at fault; and
303
(h) call for from any office, Laboratory, College or
Institution maintained by the University any information or
returns that he may consider necessary for the performance of his
duties.
(8) Any receipt given by the Comptroller or the person or persons
duly authorised in this behalf by the Board for any money payable to
the University shall be sufficient discharge for payment of such
money.
Heads of Departments
10. (1) Each Department shall have a Head who shall be not below
the rank of an Associate Professor and whose duties and functions and
terms and conditions of appointment shall be prescribed by the
Ordinances:
Provided that if there is more than one Professor in any
Department, the Head of the Department shall be appointed by the Board
on the recommendation of the Vice-Chancellor from among the
Professors:
Provided further that in the case of Departments where there is
only one Professor, the Board shall have the option to appoint, on the
recommendation of the Vice-Chancellor, either the Professor or an
Associate Professor as the Head of the Department:
Provided also that in a Department where there is no Professor,
an Associate Professor may be appointed as the Head of the Department
by the Board on the recommendation of the Vice-Chancellor:
Provided also that if there is no Professor or Reader, in a
Department, the Dean of College concerned shall act as the Head of the
Department.
(2) It shall be open to a Professor or an Associate Professor to
decline the offer of appointment as the Head of the Department.
(3) A Professor or an Associate Professor appointed as the Head
of the Department shall hold office as such for a period of three
years and shall be eligible for reappointment.
(4) A Head of a Department may resign his office at any time
during his tenure of office.
(5) A Head of a Department shall perform such functions as may be
prescribed by the Ordinances.
Librarians
11. (1) Every Librarian shall be appointed by the Board on the
recommendation of the Selection Committee constituted for the purpose
and he shall be a whole-time salaried officer of the University.
(2) Every Librarian shall exercise such powers and perform such
duties as may be assigned to him by the Board.
Constitution, powers and functions of the Board.
12. (1) The Board shall consist of the following members,
namely:--
(i) the Vice-Chancellor, ex officio Chairman;
(ii) two secretaries from amongst the secretaries in charge
of the Departments of Agriculture and Forests of a State in the
North-Eastern region to be nominated by the Visitor by rotation
in the alphabetical order to represent that State;
304
(iii) two eminent scientists to be nominated by the Visitor;
(iv) two distinguished persons representing Agro-based
industries to be nominated by the Visitor;
(v) the Deputy Director-General (Education) representing the
Indian Council of Agricultural Research;
(vi) the Secretary to the North-Eastern Council set up under
section 3 of the North-Eastern Council Act, 1971 (84 of 1971);
(vii) one Dean of college and one Director to be nominated
by the Vice-Chancellor on rotational basis;
(viii) two persons representing farmers in the States of the
North-Eastern region to be nominated by the Vice-Chancellor by
rotation in the alphabetical order of those States;
(ix) an industrialist or a manufacturer having special
knowledge in agricultural development to be nominated by the
Visitor;
(x) one woman social worker representing women social
organisation in the North-Eastern region;
(xi) an Advisor (Agriculture), Planning Commission;
(xii) a distinguished authority on forestry, social forestry
or environment management to be nominated by the Visitor;
(xiii) three persons not below the rank of Joint Secretary
representing respectively the Departments of the Central
Government dealing with Agriculture, Animal Husbandry and
Forestry; and
(xiv) the Registrar of the University, Secretary.
(2) The term of office of the members of the Board, other than ex
officio members, shall be two years.
(3) The Board shall have the power of management and
administration of the revenue and property of the University and the
conduct of all administrative affairs of the University not otherwise
provided for.
(4) Subject to the provisions of this Act, the Statutes and the
Ordinances, the Board shall, in addition to all other powers vested in
it, have the following powers, namely:--
(i) to create teaching and academic posts, to determine the
number and emoluments of such posts and to define the duties and
conditions of service of teachers and other academic staff and
Deans of colleges, Directors and heads of other institutions
maintained by the University;
(ii) to appoint such teachers and other academic staff, as
may be necessary, and Deans of colleges, Directors and heads of
other institutions maintained by the University on the
recommendation of the Selection Committee constituted for the
purpose and to fill up temporary vacancies therein;
(iii) to create administrative, ministerial and other
necessary posts and to make appointments thereto in the manner
prescribed by the Ordinances;
(iv) to grant leave of absence to any officer of the
University other than the Chancellor and the Vice-Chancellor, and
to make
305
necessary arrangements for the discharge of the functions of such
officer during his absence;
(v) to regulate and enforce discipline among employees in
accordance with the Statutes and the Ordinances;
(vi) to manage and regulate the finances, accounts,
investments, property, business and all other administrative
affairs of the University, and for that purpose to appoint such
agents as it may think fit;
(vii) to fix limits on the total recurring and the total
nonrecurring expenditure for a year on the recommendations of the
Finance Committee;
(viii) to invest any money belonging to the University,
including any unapplied income, in such stocks, funds, shares or
securities, from time to time, as it may think fit or in the
purchase of immovable property in India, with the like powers of
varying such investment from time to time;
(ix) to transfer or accept transfers of any movable or
immovable property on behalf of the University;
(x) to provide buildings, premises, furniture and apparatus
and other means needed for carrying on the work of the
University;
(xi) to enter into, vary, carry out and cancel contracts on
behalf of the University;
(xii) to entertain, adjudicate upon, and, if thought fit, to
redress any grievances of the employees and students of the
University;
(xiii) to appoint examiners and moderators and, if
necessary, to remove them, and to fix their fees, emoluments and
travelling and other allowances, after consulting the Academic
Council;
(xiv) to select a common seal for the University and provide
for the custody and use of such seal;
(xv) to make such special arrangements as may be necessary
for the residence and discipline of women students;
(xvi) to delegate any of its powers to the Vice-Chancellor,
the Deans, Directors, the Registrar or the Comptroller or such
other employee or authority of the University or to a committee
appointed by it as it may deem fit;
(xvii) to institute fellowships, scholarships, studentships,
medals and prizes;
(xviii) to provide for the appointment of Visiting
Professors, Emeritus Professors, Consultants and Scholars and
determine the terms and conditions of such appointment; and
(xix) to exercise such other powers and perform such other
duties as may be conferred or imposed on it by the Act, or the
Statutes.
Quorum for meetings of the Board
13. Seven members of the Board shall form a quorum for a meeting
of the Board.
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Constitution and powers of the Academic Council
14. (1) The Academic Council shall consist of the following
members, namely:--
(i) the Vice-Chancellor, ex officio Member;
(ii) all the Deans of the colleges of the University;
(iii) the Director of Research of the University;
(iv) the Director of Extension Education of the University;
(v) the Director Instruction;
(vi) a Librarian to be nominated by the Vice-Chancellor on
rotational basis;
(vii) five outstanding teachers to be co-opted from outside
the University representing different Faculties;
(viii) seven heads of the Department to be nominated by the
Vice-Chancellor;
(ix) the Education Officer or his representative to be
nominated by the North-Eastern Council set up under section 3 of
the North-Eastern Council Act, 1971 (84 of 1971);
(x) the Registrar of the University, ex officio Member-
Secretary.
(2) The term of office of the members of the Academic Council
other than ex officio members shall be two years.
(3) Subject to the Act, the Statutes and the Ordinances, the
Academic Council shall, in addition to all other powers vested in it,
have the following powers, namely:--
(a) to exercise general supervision over the academic
policies of the University and to give directions regarding
methods of instructions, co-operative teaching among colleges and
institutions, evaluation of research or improvements in academic
standards;
(b) to bring about inter-college coordination to establish
or appoint committees or boards, for taking up projects on an
inter-college basis;
(c) to consider matters of general academic interest either
on its own initiative or on a reference by a college or the Board
and to take appropriate action thereon; and
(d) to frame such regulations and rules consistent with the
Statutes and the Ordinances regarding the academic functioning of
the University, discipline, residences, admissions, award of
fellowsnips and studentships, fees, concessions, corporate life
and attendance.
Quorum for meetings of the Academic Council
15. Nine members of the Academic Council shall form a quorum for
a meeting of the Academic Council.
Board of Studies
16. (1) Each Department shall have a Board of Studies.
307
(2) The constitution of a Board of Studies and the term of office
of its members shall be provided by the Ordinances.
(3) The functions of a Board of Studies shall be to approve
subjects for research for various degrees and other requirements of
research degrees and to recommend to the concerned Board in the manner
prescribed by the Ordinances--
(a) courses of studies and appointment of examiners for
courses, but excluding research degrees;
(b) appointment of supervisors of research; and
(c) measures for the improvement of the standard of teaching
and research:
Provided that the above functions of a Board of Studies shall,
during the period of three years immediately after the commencement of
the Act, be performed by the Department.
Finance Committee
17. (1) The Finance Committee shall consist of the following
members, namely:--
(i) the Vice-Chancellor;
(ii) the Financial Adviser, Indian Council of Agricultural
Research;
(iii) three persons to be nominated by the Board, out of
whom at least one shall be a member of the Board;
(iv) three persons to be nominated by the Visitor; and
(v) the Comptroller of the University, Member-Secretary.
(2) Five members of the Finance Committee shall form a quorum for
a meeting of the Finance Committee.
(3) The members of the Finance Committee, other than ex officio
members, shall hold office for a term of three years.
(4) A member of the Finance Committee shall have the right to
record a minute of dissent if he does not agree with any decision of
the Finance Committee.
(5) The Finance Committee shall meet at least twice a year to
examine the accounts and to scrutinise proposals for expenditure.
(6) Every proposal relating to creation of posts, and those items
which have not been included in the Budget, should be examined by the
Finance Committee before they are considered by the Board.
(7) The annual accounts and the financial estimates of the
University prepared by the Comptroller shall be laid before the
Finance Committee for consideration and comments and thereafter
submitted to the Board for approval.
(8) The Finance Committee shall recommend limits for the total
recurring expenditure and the total non-recurring expenditure for the
year, based on the income and resources of the University (which, in
the case of productive works, may include the proceeds of loans).
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Selection Committees
18. (1) There shall be a Selection Committee for making
recommendations to the Board for appointment to the posts of teachers,
Comptroller, Registrar, Librarian, Deans of colleges, Directors and
heads of other institutions maintained by the University.
(2) The Selection Committee for appointment to the posts
specified in column 1 of the Table below shall consist of the Vice-
Chancellor, Director Instruction, Director of Research, Director of
Extension Education, a nominee of the Visitor and the persons
specified in the corresponding entry in column 2 of the said Table:
TABLE
----------------------------------------------------------------------
1 2
----------------------------------------------------------------------
Professor (i) The Head of the Department concerned if
he is a Professor.
(ii) One Professor to be nominated by the
Vice-Chancellor.
(iii) Three persons not in the service of the
University, nominated by the Board, out
of a panel of names recommended by the
Academic Council for their special
knowledge of, or interest in, the
subject with which the Professor will
be concerned.
Associate Professor/ (i) The Head of the Department concerned.
Assistant Professor (ii) One Professor to be nominated by the
Vice-Chancellor.
(iii) Two persons not in the service of the
University, nominated by the Board, out
of a panel of names recommended by the
Academic Council for their special
knowledge of, or interest in, the
subject with which the Associate
Professor/Assistant Professor will be
concerned.
Registrar, Comptroller (i) Two members of the Board nominated by
it; and
(ii) One person not in the service of the
University, nominated by the Board.
Librarian Two persons not in the service of the
University, who have special knowledge
of the subject of the Library
Science/Library Administration to be
nominated by the Board.
Dean of college, Three persons not in the service of
Directors or head of the University of whom two shall be
other institution mai- nominated by the Board and one by the
ntained by the University Academic Council for their special
knowledge of, or interest in, a
subject in which instruction is being
provided by the college or
institution.
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NOTE: 1. Where the appointment is being made for an inter-
disciplinary project, the head of the project shall be
deemed to be the Head of the Department concerned.
2. The Professor to be nominated shall be Professor concerned
with the speciality for which the selection is being made
and that the Vice-Chancellor shall consult the Head of the
Department and the Dean of college before nominating the
Professor,
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(3) The Vice-Chancellor, or in his absence, his nominee shall
preside at the meetings of a Selection Committee:
Provided that the meetings of the Selection Committee shall be
fixed after prior consultation with, and subject to the convenience of
Visitor's nominee and the persons nominated by the Board under clause
(2):
Provided further that the proceedings of the Selection Committee
shall not be valid unless,--
(a) where the number of Visitor's nominee and the persons
nominated by the Board is four in all, at least three of them
attend the meeting; and
(b) where the number of Visitor's nominee and the persons
nominated by the Board is three in all, at least two of them
attend the meeting.
(4) The meeting of a Selection Committee shall be convened by the
Vice-Chancellor or in his absence by his nominee.
(5) The procedure to be followed by a Selection Committee in
making recommendations shall be laid down in the Ordinances.
(6) If the Board is unable to accept the recommendations made by
a Selection Committee, it shall record its reasons and submit the case
to the Visitor for final orders.
(7) Appointments to temporary posts shall be made in the manner
indicated below:--
(i) If the temporary vacancy is for a duration longer than
one academic session, it shall be filled on the advice of the
Selection Committee in accordance with the procedure indicated in
the foregoing clauses:
Provided that if the Vice-Chancellor is satisfied that in
the interests of work it is necessary to fill the vacancy, the
appointment may be made on a purely temporary basis by a local
Selection Committee referred to in sub-clause (ii) for a period
not exceeding six months.
(ii) If the temporary vacancy is for a period less than a
year, an appointment to such vacancy shall be made on the
recommendation of a local Selection Committee consisting of the
Dean of the college concerned, the Head of the Department and a
nominee of the Vice-Chancellor:
Provided that if the same person holds the offices of the
Dean and the Head of the Department, the Selection Committee may
contain two nominees of the Vice-Chancellor:
Provided further that in case sudden casual vacancies of
teaching posts caused by death or any other reason, the Dean may,
in consultation with the Head of the Department concerned, make a
temporary appointment for a month and report to the Vice-
Chancellor and the Registrar about such appointment.
(iii) No teacher appointed temporarily shall, if he is not
recommended by a regular Selection Committee for appointment
under the Statutes, be continued in service on such temporary
employment, unless
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he is subsequently selected by a local Selection Committee or a
regular Selection Committee, for a temporary or permanent appointment,
as the case may be.
Special mode of appointment
19. (1) Notwithstanding anything contained in Statute 18, the
Board may invite a person of high academic distinction and
professional attainments to accept a post of Professor or Associate
Professor or any other academic post in the University, as the case
may be, on such terms and conditions as it deems fit, and on the
person agreeing to do so appoint him to the post.
(2) The Board may appoint a teacher or any other academic staff
working in any other University or organisation for undertaking a
joint project in accordance with the manner laid down in the
Ordinances.
Appointment for a fixed tenure
20. The Board may appoint a person selected in accordance with
the procedure laid down in Statute 18 for a fixed tenure on such terms
and conditions as it deems fit.
Recognised teachers
21. (1) The qualifications of recognised teachers shall be such
as may be prescribed by the Ordinances.
(2) All applications for the recognition of teachers shall be
made in such manner as may be laid down in the Ordinances.
(3) No teacher shall be recognised as a teacher except on the
recommendation of a Selection Committee constituted for the purpose in
the manner laid down in the Ordinances.
(4) The period of recognition of a teacher shall be determined by
the Ordinances made in that behalf.
(5) The Academic Council may, by a special resolution passed by a
majority of not less than two-thirds of the members present and
voting, withdraw recognition from a teacher:
Provided that no such resolution shall be passed until notice in
writing has been given to the person concerned calling upon him to
show cause, within such time as may be specified in the notice, why
such resolution should not be passed and until his objections, if any,
and any evidence he may produce in support of them have been
considered by the Academic Council.
(6) Any person aggrieved by an order of withdrawal under clause
(5) may, within three months from the date of communication to him of
such order, appeal to the Board which may pass such orders thereon as
it thinks fit.
Committees
22. (1) The authorities of the University specified in section 16
may appoint as many standing or special committees as it may deem fit,
and may appoint to such committees persons who are not members of such
authority.
(2) Any such committee appointed under clause (1) may deal with
any subject delegated to it subject to confirmation by the authority
appointing it.
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Terms and conditions of service and code of conduct of the teachers,
etc.
23. (1) All the teachers and other academic staff of the
University shall, in the absence of any agreement to the contrary, be
governed by the terms and conditions of service and code of conduct as
are specified in the Statutes, the Ordinances and the Regulations.
(2) Every teacher and member of the academic staff of the
University shall be appointed on a written contract, the form of which
shall be prescribed by the Ordinances.
(3) A copy of every contract referred to in clause (2) shall be
deposited with the Registrar.
Terms and conditions of service and code of conduct of other employees
24. All the employees of the University, other than the teachers
and other academic staff of the University, shall, in the absence of
any contract to the contrary, be governed by the terms and conditions
of service and code of conduct as are specified in the Statutes, the
Ordinances and the Regulations.
Seniority list
25. (1) Whenever, in accordance with the Statutes, any person is
to hold an office or be a member of an authority of the University by
rotation according to seniority, such seniority shall be determined
according to the length of continuous service of such person in his
grade and, in accordance with such other principles as the Board may,
from time to time, prescribe.
(2) It shall be the duty of the Registrar to prepare and
maintain, in respect of each class of persons to whom the provisions
of these Statutes apply, a complete and up-to-date seniority list in
accordance with the provisions of clause (1).
(3) If two or more persons have equal length of continuous
service in a particular grade or the relative seniority of any person
or persons is otherwise in doubt, the Registrar may, on his own
motion and shall, at the request of any such person, submit the matter
to the Board whose decision thereon shall be final.
Removal of employees of the University
26. (1) Where there is an allegation of misconduct against a
teacher, a member of the academic staff or other employee of the
University, the Vice-Chancellor, in the case of the teacher or member
of the academic staff, and the authority competent to appoint
(hereinafter referred to as the appointing authority) in the case of
other employee, may, by order in writing, place such teacher, member
of the academic staff or other employee, as the case may be, under
suspension and shall forthwith report to the Board the circumstances
in which the order was made:
Provided that the Board may, if it is of the opinion, that the
circumstances of the case do not warrant the suspension of the teacher
or a member of the academic staff, revoke such order.
(2) Notwithstanding anything contained in the terms of the
contract of appointment or of any other terms and conditions of
service of the employees, the Board in respect of teachers and other
academic staff, and the appointing authority, in respect of other
employees, shall have the power to remove
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a teacher or a member of the academic staff, or as the case may
be, other employees on grounds of misconduct.
(3) Save as aforesaid, the Board, or as the case may be, the
appointing authority, shall not be entitled to remove any teacher,
member of the academic staff or other employee except for a good cause
and after giving three months' notice or on payment of three months'
salary in lieu thereof.
(4) No teacher, member of the academic staff or other employee
shall be removed under clause (2) or clause (3) unless he has been
given a reasonable opportunity of showing cause against the action
proposed to be taken in regard to him.
(5) The removal of a teacher, member of the academic staff or
other employee shall take effect from the date on which the order of
removal is made:
Provided that where the teacher, member of the academic staff or
other employee is under suspension at the time of his removal, such
removal shall take effect from the date on which he was placed under
suspension.
(6) Notwithstanding anything contained in the foregoing
provisions of this Statute, a teacher, member of the academic staff or
other employee may resign,--
(a) if he is a permanent employee, only after giving three
months' notice in writing to the Board or the appointing
authority, as the case may be, or by paying three months' salary
in lieu thereof;
(b) if he is not a permanent employee, only after giving one
month's notice in writing to the Board or, as the case may be,
the appointing authority or by paying one month's salary in lieu
thereof:
Provided that such resignation shall take effect only on the date
on which the resignation is accepted by the Board or the appointing
authority, as the case may be.
Honorary degrees
27. (1) The Board may, on the recommendation of the Academic
Council and by a resolution passed by a majority of not less than two-
thirds of the members present and voting, make proposals to the
Visitor for the conferment of honorary degrees:
Provided that in case of emergency, the Board may, on its own
motion, make such proposals.
(2) The Board may, by a resolution passed by a majority of not
less than two-thirds of the members present and voting, withdraw, with
the previous sanction of the Visitor, any honorary degree conferred by
the University.
Withdrawal of degrees, etc.
28. The Board may, by a special resolution passed by a majority
of not less than two-thirds of the members present and voting,
withdraw any degree or academic distinction conferred on, or any
certificate or diploma granted to, any person by the University for
good and sufficient cause:
Provided that no such resolution shall be passed until a notice
in writing has been given to that person calling upon him to show
cause within such time as may be specified in the notice why such a
resolution should not be
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passed and until his objections, if any, and any evidence he may
produce in support of them, have been considered by the Board.
Maintenance of discipline among students of the University
29. (1) All powers relating to discipline and disciplinary action
in relation to students of the University shall vest in the Vice-
Chancellor.
(2) The Vice-Chancellor may delegate all or any of his powers as
he deems proper to such officers as he may specify in this behalf.
(3) Without prejudice to the generality of his powers relating to
the maintenance of discipline and taking such action, as may seem to
him appropriate for the maintenance of discipline, the Vice-Chancellor
may, in exercise of his powers, by order, direct that any student or
students be expelled, or rusticated, for a specified period, or be not
admitted to a course or courses of study in a college, institution or
Department of the University for a stated period, or be punished with
fine for an amount to be specified in the order, or be debarred from
taking an examination or examinations conducted by the University,
college, institution or Department for one or more years, or that the
results of the student or students concerned in the examination or
examinations in which he or they have appeared be cancelled.
(4) The Deans of colleges, institutions and Heads of teaching
departments in the University shall have the authority to exercise all
such disciplinary powers over the students in their respective
colleges, institutions and teaching Departments in the University as
may be necessary for the proper conduct of such colleges, institutions
and teaching in the Departments.
(5) Without prejudice to the powers of the Vice-Chancellor, the
Deans and other persons specified in clause (4), detailed rules of
discipline and proper conduct shall be made by the University. The
Deans of colleges, institutions and Heads of teaching Departments in
the University may also make the supplementary rules as they deem
necessary for the aforesaid purposes.
(6) At the time of admission, every student shall be required to
sign a declaration to the effect that he submits himself to the
disciplinary jurisdiction of the Vice-Chancellor and other authorities
of the University.
Maintenance of discipline among students of colleges, etc.
30. All powers relating to discipline and disciplinary action in
relation to students of a college or an institution maintained by the
University, shall vest in the Dean of the college or institution, as
the case may be, in accordance with the procedure prescribed by the
Ordinances.
Advisory Committee
31. Every college or institution maintained by the University
shall have an Advisory Committee consisting of not more than fifteen
persons which shall consist of, among others, three teachers including
the Dean of the college or institution, and two teachers of the
University nominated by the Board.
Convocations
32. Convocations of the University for the conferring of degrees
or for other purposes shall be held in such manner as may be
prescribed by the Ordinances.
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Acting Chairman
33. When no provision is made for a Chairman to preside over a
meeting of any authority of the University or any committee of such
authority or when the Chairman so provided for is absent, the members
present shall elect one from among themselves to preside at such
meeting.
Resignation
34. Any member, other than an ex officio member of the Board,
Academic Council or any other authority of the University or any
committees of such authority may resign by letter addressed to the
Registrar and the resignation shall take effect as soon as such letter
is received by the Registrar.
Disqualifications
35. (1) A person shall be disqualified for being chosen as, and
for being, a member of any of the authorities of the University,--
(i) if he is of unsound mind;
(ii) if he is an undischarged insolvent;
(iii) if he has been convicted by a court of law of an
offence involving moral turpitude and sentenced in respect
thereof to imprisonment for a period of not less than six months.
(2) If any question arises as to whether a person is or had been
subjected to any of the disqualifications mentioned in clause (1), the
question shall be referred to the Visitor and his decision thereon
shall be final and no suit or other proceeding shall lie in any civil
court against such decision.
Residence condition for membership and office
36. Notwithstanding anything contained in the Statutes, a person
who is not ordinarily resident in India shall be eligible to be an
officer of the University or a member of any authority of the
University.
Membership of authorities by virtue of membership of other bodies
37. Notwithstanding anything contained in the Statutes, a person
who holds any post in the University or is a member of any authority
of the University in his capacity as a member of a particular
authority or as the holder of a particular appointment shall hold such
office or membership only for so long as he continues to be a member
of that particular authority or the holder of that particular
appointment, as the case may be.
Alumni Association
38. (1) There shall be an Alumni Association for the University.
(2) The subscription for membership of the Alumni Association
shall be prescribed by the Ordinances.
(3) No member of the Alumini Association shall be entitled to
vote for stand for election unless he has been a member of the
Association for at least one year prior to the date of the election
and is a degree holder of the University of at least five years
standing:
Provided that the condition relating to the completion of one
year's membership shall not apply in the case of the first election.
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Students' Council
39. (1) There shall be constituted in the University, a students,
Council for every academic year, consisting of--
(i) the Director Instruction who shall be the Chairman of
the Students, Council;
(ii) all students who have won prizes in the previous
academic year in the fields of studies, fine arts, sports and
extension work;
(iii) twenty students to be nominated by the Academic
Council on the basis of merit in studies, sports, activities and
all-round development of personality:
Provided that any student of the University shall have the right
to bring up any matter concerning the University before the Students'
Council if so permitted by the Chairman, and he shall have the right
to participate in the discussions at any meeting when the matter is
taken up for consideration.
(2) The functions of the Students' Council shall be to make
suggestions to the appropriate authorities of the University in regard
to the programmes of studies, students welfare and other matters of
importance in regard to the working of the University in general and
such suggestions shall be made on the basis of consensus of opinion.
(3) The Students' Council shall meet at least once in an academic
year preferably in the beginning of that year.
Ordinances how made
40. (1) The first Ordinances made under sub-section (2) of
section 27 may be amended or repealed at any time by the Board in the
manner specified below.
(2) No Ordinance in respect of the matters enumerated in section
27, other than those enumerated in clause (n) of sub-section (1)
thereof, shall be made by the Board unless a draft of such Ordinance
has been proposed by the Academic Council.
(3) The Board shall not have power to amend any draft of any
Ordinance proposed by the Academic Council under clause (2) but may
reject the proposal or return the draft to the Academic Council for
reconsideration, either in whole or in part, together with any
amendment which the Board may suggest.
(4) Where the Board has rejected or returned the draft of an
Ordinance proposed by the Academic Council, the Academic Council may
consider the question afresh and in case the original draft is
reaffirmed by a majority of not less than two-thirds of the members
present and voting and more than half the total number of members of
the Academic Council, the draft may be sent back to the Board which
shall either adopt it or refer it to the Visitor whose decision shall
be final.
(5) Every Ordinance made by the Board shall come into effect
immediately.
(6) Every Ordinance made by the Board shall be submitted to the
Visitor within two weeks from the date of its adoption. The Visitor
shall have the power to direct the University within four weeks of the
receipt of the Ordinance to suspend the operation of any such
Ordinance and he shall, as soon as possible, inform the Board about
his objection to the proposed
316
Ordinance. The Visitor may, after receiving the comments of the
University, either withdraw the order suspending the Ordinance or
disallow the Ordinance, and his decision shall be final.
Regulations
41. (1) The authorities of the University may make Regulations
consistent with the Act, the Statutes and the Ordinances for the
following matters, namely:--
(i) laying down the procedure to be observed at their
meetings and the number of members required to form a quorum;
(ii) providing for all matters which are required by the
Act, the Statutes or the Ordinances to be prescribed by
Regulations;
(iii) providing for all other matters concerning such
authorities or committees appointed by them and not provided for
by the Act, the Statutes or the Ordinances.
(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 meeting 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 Regulation made under the Statutes or the annulment of
any such Regulation.
Delegation of powers
42. Subject to the provisions of the Act and the Statutes, any
officer or authority of the University may delegate his or its powers
to any other officer or authority or person under his or its
respective control and subject to the condition that overall
responsibility for the exercise of the powers so delegated shall
continue to vest in the officer or authority delegating such powers.
