RAJYA SABHA

————

The following Bill was introduced in the Rajya Sabha on the 23rd December, 2015:—

BILL NO. LXIII OF 2015

A Bill to provide for the establishment and incorporation of a University by conversion of

the existing Rajendra Agricultural University, Pusa, Bihar to Rajendra Central

Agricultural University for the development of agriculture and for the furtherance of

the advancement of learning and pursuit of research in agriculture and allied sciences

and to declare it to be an institution of national importance.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

1. (1) This Act may be called the Rajendra Central Agricultural University Act, 2015.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2.Whereas the objects of the institution known as the Rajendra Central Agricultural

University are such as to make the institution one of the national importance, it is hereby

declared that the institution known as the Rajendra Central Agricultural University is as

institution of national importance.

3. In this Act, and in all Statutes made hereunder, unless the context otherwise

requires,—

(a) "Academic Council" means the Academic Council of the University;

Short title and

commence-

ment.

Declaration

of Rajendra

Central

Agricultural

University as

an institution

of national

importance.

Definitions.

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

REGISTERED NO. DL—(N)04/0007/2003—15

2

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(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, home-

science, 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;

(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) "Ordinances" means the Ordinances of the University;

(m) "Regulations" means the Regulations made by any prescribed authority of

the University;

(n) "Research Advisory Committee" means the Research Advisory Committee

of the University;

(o) "Statutes" means the Statutes of the University;

(p) "student" means a person enrolled in the University for undergoing a course

of study for obtaining a degree, diploma or other academic distinction duly instituted;

(q) "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;

(r) "University" means the Rajendra Central Agricultural University established

under this Act;

(s) "Vice-Chancellor" means the Vice-Chancellor of the University; and

(t) "Visitor" means the Visitor of the University.

4. (1) The University established and incorporated under the Bihar Agricultural

University Act, 1987, in so far as it relates to the Rajendra Agricultural University shall be

established as a body corporate under this Act by the name of the "Rajendra Central

Agricultural University.".

(2) The headquarters of the University shall be at Pusa in the State of Bihar and it may

also establish campuses at such other places within its jurisdiction as it may deem fit:

Provided that the University shall integrate the existing campus and other associated

Establishment

and

incorporation

of Rajendra

Central

Agricultural

University.

Bihar Act

8 of 1988.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

3

facilities of the Rajendra Agricultural University, Pusa and the effective date of take-over

shall be as specified in the notification published in the Official Gazette.

(3) The first Chancellor, 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 Rajendra Central Agricultural University.

(4) The University shall have perpetual succession and a common seal and shall sue

and be sued by the said name.

5. The objects of the University shall be—

(a) to impart education in different branches of agriculture and allied sciences as

it may deem fit;

(b) to further the advancement of learning and conducting of research in

agricultural and allied sciences;

(c ) to undertake programmes of extension education in the country with particular

attention to the State of Bihar.

(d) to promote partnership and linkages with national and international educational

institutions; and

(e) to undertake such other activities as it may, from time to time, determine.

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

(i) to make provisions for instructions in agriculture and allied sciences;

(ii) to make provisions for conduct of research in agriculture and allied branches

of learning;

(iii) to make provisions 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

andsufficient 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 purpose as the

University may determine;

(viii) to establish and maintain colleges relating to agriculture, horticulture,

fisheries, forestry, veterinary and animal science, dairying, home-science and allied

sciences, as necessary;

(ix) to establish and maintain such campuses, Krishi Vigyan Kendras, special

centres, specialised laboratories, libraries, museums or other units for research and

institution 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;

Objects of the

University.

Powers of the

University.

4

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(xi) to create administrative, ministerial and other posts and to make appointments

thereto;

(xii) to institute and award fellowships, scholarships, studentships, medals and

prizes;

(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; and

(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.

7. (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

agriculture and allied subjects shall extend to the whole country with special reference to the

State of Bihar.

(2) All colleges, directorates, research stations, experiment stations and Krishi Vigyan

Kendras of the existing Rajendra Agricultural University and other institutions coming under

the jurisdiction and authority of the University shall be constituent unit and no other 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 regions

under its jurisdiction.

8. The University shall be open to persons of every sex, 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 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, persons with disability

or of persons belonging to the weaker sections of the society and, in particular, of the

Scheduled Castes, the Scheduled Tribes and Other Backward Classes.

9. (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

Jurisdiction.

University

open to all

classes, castes

and creed.

The Visitor.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

5

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 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 prescribed by the Statutes.

10. The following shall be the officers of the University, namely:—

(1) the Chancellor;

(2) the Vice-Chancellor;

(3) the Deans;

(4) the Directors;

(5) the Registrar;

(6) the Comptroller;

(7) the University Librarian; and

(8) such other officers as may be prescribed by the Statutes.

11. (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.

Officers of the

University.

The

Chancellor.

6

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

12. (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 the 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 the 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 of 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.

13. 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.

14. (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.

15. The Comptroller shall be appointed in such manner and shall exercise such powers

and perform such duties as may be prescribed by the Statutes.

16. The manner of appointment and powers and duties of the other officers of the

University shall be prescribed by the Statutes.

17. The following shall be the authorities of the University, namely:—

(1) the Board;

(2) the Academic Council;

(3) the Research Council;

(4) the Extension Education Council;

(5) the Finance Committee;

(6) the Faculties and Board of Studies; and

(7) such other authorities as may be prescribed by the Statutes.

18. (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.

The Vice-

Chancellor.

Deans and

Director.

The Registrar.

The

Comptroller.

Other

officers.

Authorities of

the

University.

Board of

Management.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

7

19. (1) The Academic Council shall be the principal academic body of the University

and shall, subject to the provisions of this Act and 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.

20. The constitution, powers and functions of the Research Council shall be prescribed

by the Statutes.

21. The constitution, powers and functions of the Extension Education Council shall

be prescribed by the Statutes.

22. The constitution, powers and functions of the Finance Committee shall be

prescribed by the Statutes.

23. The University shall have such Faculties as may be prescribed by the Statutes.

24. The constitution, powers and functions of the Board of Studies shall be prescribed

by the Statutes.

25. The constitution, powers and functions of other authorities of the University

referred to in clause (7) of section 17 shall be such as may be prescribed by the Statutes.

26. 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 authorities,

the filling up of vacancies, and all other matters relating to the 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 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;

The Academic

Council.

The Research

Council.

The

Extension

Education

Council.

The Finance

Committee.

Faculties.

The Board of

Studies.

Other

authorities.

Power to

make

Statutes.

8

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(l) the withdrawal of degrees, diplomas, certificates and other academic

distinctions;

(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; and

(p) all other matters which are to be, or may be, prescribed by the Statutes.

27. (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.

28. (1) Subject to the provisions of this Act and 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;

(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 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;

Statutes how

to be made.

Power to

make

Ordinances.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

9

(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, specialised laboratories and other

committees;

(l) the manner of co-operation and collaboration with other Universities and

authorities 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 mechanism 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.

29. 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.

30. (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 soon as may be, cause the same to be laid before

both the Houses of Parliament.

31. (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 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 the Houses of Parliament.

(5) The audited annual accounts after having been laid before both the Houses of

Parliament shall be published in the Official Gazette.

32. (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.

Regulations.

Annual

report.

Annual

accounts.

Conditions of

service of

employees.

10

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(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

and Conciliation Act, 1996.

(5) The procedure for regulating the work of the Tribunal shall be prescribed by the

Statutes.

33. (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 32 shall, as far as may be, apply to

a reference made under this sub-section.

34. 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.

35. (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, if deem fit, declare that the provisions of the Provident Funds Act, 1925,

shall apply to such fund, as if it were a Government provident fund.

36. 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.

37. 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 persons, if any, as the authority in each

case may think fit.

38. All casual vacancies among the members (other than ex officio members) of any

authority or other body of the University shall be filled, as soon as may be, by the person or

body who appoints or co-opts the member whose place has become vacant and the person

or body 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.

26 of 1996.

Procedure of

appeal and

arbitration in

disciplinary

cases against

students.

Right to

appeal.

Provident

and pension

funds.

19 of 1925.

Disputes as to

constitution

of University

authorities.

Constitution

of committees.

Filling of

casual

vacancies.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

11

39. 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.

40. No suit, prosecution or other legal proceedings shall lie against the Board, Vice-

Chancellor, 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.

41. 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 or in any other law for the time being in force.

42. (1) On and from the date of commencement of this Act,—

(a) any reference to the Rajendra Agricultural University in any contract or other

instrument shall be deemed as a reference to the University;

(b) all property, movable and immovable, of or belonging to the Rajendra

Agricultural University shall vest in the University;

(c) all rights and liabilities of the Rajendra Agricultural University shall be

transferred to, and be the rights and liabilities of, the University.

(2) Every person permanently employed in the Rajendra Agricultural University

immediately before the commencement of the Act who meets the requisite qualification and

criteria of recruitment in the University shall be provided an opportunity to be employed as

such:

Provided that every member of the academic staff and member of Faculty who does not

meet the requisite qualification and criteria shall be given an opportunity for two years to

upgrade the qualification and to meet the criteria:

Provided further that every other person permanently employed shall be given an

opportunity to upgrade the qualification and to meet the criteria, in the manner provided by

the Regulations:

Provided also that the tenure, remuneration, terms and conditions, rights and privileges

as to pension, leave, gratuity, provident fund and all other matters of every other person

permanently employed by the Rajendra Agricultural University shall be determined by the

State Government of Bihar.

(3) All efforts shall be made by the State Government of Bihar to engage any surplus

or temporary academic staff, teacher, member of Faculty or other employee of the Rajendra

Agricultural University, by or against whom any dispute is pending.

(4) Any dispute or litigation, the cause of action for which has arisen between any

member of academic staff, teacher, member of Faculty or other employee and the Rajendra

Agricultural University before the commencement of this Act shall be instituted, prosecuted

or continued between the academic staff, teacher, member of Faculty or other employee and

the Rajendra Agricultural University, as if this Act had not been enacted, and all such cases

shall be managed by a special cell to be constituted by the State Government of Bihar and all

expenses relating to the management of such cases including any compensation payable to

any person thereof shall be borne by the State Government.

Proceedings

of

University

authorities

not

invalidated by

vacancy.

Protection of

action taken

in good faith.

Mode of

proof of

University

records.

1 of 1872.

Effect

of

establishment

of University.

12

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(5) Any academic course, programme or scheme as on the date of commencement of

the Act shall be continued, till the completion of the course, programme or scheme with such

modifications as the University may deem fit.

(6) The State Government of Bihar and the University shall bear the proportionate cost

of pension and other liabilities of every academic staff, teacher, member of Faculty or other

employee, proportionate to the extent of the respective period of service of the person and

the State Government shall provide its contribution to the University which may discharge

any liability on account of this.

(7) Any matter relating to permanent record of students, teachers, academic staff,

Faculty and every other employee shall be provided by Regulations.

(8) Pension and all other post-retirement benefits including medical benefits of every

academic staff, teacher, faculty member and every other employee who has superannuated

before the commencement of this Act shall be borne by the State Government of Bihar, the

payment of which shall be made through the University and shall be governed by the rules

relating thereof made by the State Government of Bihar in this behalf.

(9) The retirement age of every teacher, academic staff, Faculty and every other

employee of the University shall be governed by any law for the time being in force.

(10) Any matter governing the conditions of service relating to the teacher, academic

staff, Faculty and every other employee for which no provision has been made in this Act,

shall be determined by the corresponding provisions made by the Central Government.

43. (1) If any difficulty arises in giving effect to the provision 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 difficulties:

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.

44. 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.

45. (1) The Bihar Agricultural University Act, 1987 in so far as it relates to the Rajendra

Agricultural University, Pusa, Bihar is hereby repealed.

(2) Notwithstanding the repeal,—

(a) all appointments made, orders issued, degrees and other academic distinctions

conferred, diplomas and certificates awarded, privileges granted or other things

done under the Bihar Agricultural University Act, 1987 in so far as it relates to the

Power to

remove

difficulties.

Transitional

provisions.

Repeal of

Bihar

Agricultural

University

Act.

Bihar Act 8

of 1988.

Bihar Act 8

of 1988.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

13

Rajendra Agricultural University, Pusa, Bihar , shall be deemed to have been

respectively made, issued, conferred, awarded, granted or done under the corresponding

provisions of this Act, and, except as otherwise provided by or under this Act or the

Statues, continue in force unless and until they are superseded by any order made

under this Act or the Statues; and

(b) all proceedings of Selection Committees for the appointment or promotions

of teachers that took place before the commencement of this Act and all actions of the

Governing Body in respect of the recommendations of such Selection Committees

where no orders of appointment on the basis thereof were passed before the

commencement of this Act in so far as it relates to Rajendra Agricultural University,

shall, notwithstanding that the procedure for selection has been modified by this Act

be deemed to have been valid but further proceeding in connection with such pending

selections shall be taken in accordance with the provisions of this Act and be continued

from the stage where they stood immediately before such commencement, except if the

concerned authorities take, with the approval of the Visitor, a decision to the contrary.

46. (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 Statutes,

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 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.

Statutes,

Ordinances

and

Regulations

to be

published in

the Official

Gazette and

to be laid

before

Parliament.

14

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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 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

re-appointment:

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).

(2) The Committee referred to in clause (1) shall consist of the following:—

(i) Secretary, Department of Agricultural Research and Education, Government

of India who shall be the Chairman;

(ii) one nominee of the Visitor as Member, who shall also be the convener;

(iii) one nominee of the Central Government.

(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 seventy years, whichever is earlier,

and he shall be eligible for re-appointment for a further term of five years, or until he attains

the age of seventy years whichever is earlier:

Provided that notwithstanding the expiry of the said period of five years, he shall

continue in office for a period not exceeding one year or until his successor is appointed and

enters upon his office.

(5) The emoluments and other conditions of service of the Vice-Chancellor shall be as

follows:—

(i) the Vice-Chancellor shall be paid a monthly salary and allowances other than

the house rent allowance, at the rate 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 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

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

15

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 and other allowances as

per rate fixed from time to time by the Government of India for the officers equivalent to

the rank of Secretary to the Government of India;

(iv) the Vice-Chancellor shall be entitled to transfer travelling allowances and

other allowances as admissible to officers of the rank of Secretary to the Government

of India for joining and after relinquishing the post;

(v) 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 first 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;

(vi) 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:

Provided that when commuted leave is available, twice the amount of half- pay

leave shall be debited against half-pay leave due;

(vii) the Vice-Chancellor shall be entitled to Leave Travel Concession and Home

Travel Concession as per rules of Government of India;

(viii) the Vice-Chancellor shall be entitled to the benefit of leave encashment at

the time of laying down the office as per rules of Government of India.

(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, the Finance Committee, the Research Council and the Extension Education Council

and shall, in the absence of the Chancellor, preside over the Convocations held for conferring

degrees.

(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.

16

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(6) The Vice-Chancellor shall have the power to convene or cause to be convened the

meetings of the Board, the Academic Council, the Research Council, the Extension Education

Council and the Finance Committee.

The Dean of colleges and Faculties

4. (1) Each Faculty shall have a Dean who shall also be the head of the college

concerned.

(2) If any Faculty has more than one college, the Vice-Chancellor may nominate one of

the Deans as the Dean of the Faculty.

(3) The Dean of the college shall be appointed by the Board on the recommendations

of the Selection Committee constituted for the purpose as per statute 18 and he shall be a

whole-time salaried officer of the University.

(4) The Dean shall be entitled to rent free and unfurnished residential accommodation.

(5) The Dean shall hold the office for a term of five years and shall be eligible for

re-appointment:

Provided that a Dean on attaining the age of sixty-five years shall cease to hold office

as such.

(6) 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 persons as the Vice-Chancellor may appoint for the purpose.

(7) The Dean shall be responsible to the Vice-Chancellor for the conduct and

maintenance of the standards of teaching in the college and Faculty and shall perform such

other functions as may be prescribed by the Ordinances.

(8) The Dean shall be the ex-officio Chairman of the Board of Studies of the Faculty, a

member of the Academic Council, the Research Council and the Extension Education Council

of the University.

The Director of Education

5.

(1) The Director of Education shall be appointed by the Board on the

recommendations of the Selection Committee constituted for the purpose and he shall be

a whole-time salaried officer of the University.

(2) The Director of Education shall be entitled to rent free and unfurnished residential

accommodation.

(3) The Director of Education shall hold office for a term of five years and shall be

eligible for re-appointment:

Provided that Director of Education on attaining the age of sixty-five years shall cease

to hold office as such.

(4) The Director of Education shall be responsible for planning, co-ordination 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 recommendations

of the Selection Committee constituted for the purpose and he shall be a whole-time salaried

officer of the University.

(2) The Director of Research shall be entitled to rent free and unfurnished

accommodation.

(3) The Director of Research shall hold office for a term of five years and shall be

eligible for re-appointment:

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

17

Provided that the Director of Research on attaining the age of sixty-five years shall

cease to hold office as such.

(4) The Director of Research shall be responsible for supervision and co-ordination of

all research programmes of the University and shall be responsible to the Vice-Chancellor for

performance of his duties.

(5) The Director of Research shall be ex officio Member-Secretary of the Research

Council of the University.

The Director of Extension Education

7. (1) The Director of Extension Education shall be appointed by the Board on the

recommendations of the 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 be entitled to rent free and unfurnished

accommodation.

(3) The Director of Extension Education shall hold office for a term of five years and

shall be eligible for re-appointment:

Provided that the Director of Extension Education on attaining the age of sixty-five

years shall cease to hold office as such.

(4) The Director of Extension Education shall be responsible for supervision and

coordination of all Extension Education Programmes in the University and shall be responsible

to the Vice-Chancellor for performance of his duties.

(5) The Director of Extension Education shall be ex officio Member-Secretary of the

Extension Education Council of the University.

The Registrar

8. (1) The Registrar shall be appointed by the Board on the recommendations of a

duly constituted Selection Committee under Statute 18 and he shall be a whole-time salaried

officer of the University.

(2) The Registrar shall be responsible to the Vice-Chancellor for performance of his

duties.

(3) The Registrar shall be appointed for a term of five years and shall be eligible for

re-appointment.

(4) He may also be appointed on deputation for a specified period not exceeding five

years.

(5) 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.

(6) In case of a person appointed on deputation, his tenure,emoluments and other

terms of service shall be according to the terms of deputation.

(7) 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.

(8) (a) The Registrar shall have the power to take disciplinary action against such of

the employees excluding teachers, as may be specified in 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:

18

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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 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.

(9) The Registrar shall be the ex officio Secretary of the Board and the Academic

Council, but shall not be deemed to be a member of any of these authorities.

(10) 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 notice convening meeting of the Board, the Academic Council

and of any Committee 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 the examinations of the University in accordance with the

manner prescribed by the Ordinances or notifications;

(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 recommendations of a

duly constituted Selection Committee under Statute 18 and he shall be a whole-time salaried

officer of the University.

(2) The Comptroller shall be appointed for a term of five years and shall be eligible for

re-appointment.

(3) The Comptroller may also be appointed on deputation for a specified period not

exceeding five years.

(4) The emoluments and other terms and conditions of service of the Comptroller shall

be such as may be prescribed by the Ordinances.

(5) In case of a person being appointed as Comptroller on deputation, his tenure,

emoluments and other terms of service shall be according to the standard of deputation:

Provided that the Comptroller shall retire on attaining the age of sixty years.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

19

(6) 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.

(7) The Comptroller shall be the ex officio Secretary of the Finance Committee, but

shall not be deemed to be a member of such Committee.

(8) 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 duties as may be specified in the Statutes, the Ordinances

or as may be required, from time to time, by the Board or the Vice-Chancellor.

(9) 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

(h) call for from any office, laboratory, college or institution maintained by the

University and information or returns that he may consider necessary for performance

of his duties.

(10) 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 appointed by the Vice-Chancellor 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.

(2) The Head of Department shall be responsible to the Dean for teaching, to Director

of Research for research, to Director of Extension Education for extension education work.

(3)The Dean shall be the administrative controlling officer of the Heads of Departments

in college concerned:

Provided that if there is more than one Professor in any Department, the Head of the

Department shall be appointed by the Vice-Chancellor from amongst the Professors:

20

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Provided further that in the case of Department where there is only one Professor, the

Vice-Chancellor shall have the option, to appoint either the Professor or an Associate Professor

as the Head of the Department.

(4) It shall be open to a Professor or an Associate Professor to decline the offer of

appointment as the Head of the Department.

(5) A Professor or an Associate Professor appointed as Head of the Department shall

hold office as such for a period of three years and shall be eligible for re-appointment.

(6) A Head of the Department may resign his office at any time during his tenure of

office.

(7) A Head of the Department shall perform such functions as may be prescribed by

the Ordinances.

(8) The Head of the Department shall retire at the age of sixty-five years.

Librarians

11. (1) Every Librarian shall be appointed by the Board on the recommendations of

the Selection Committee constituted for the purpose under Statute 18 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 Vice-Chancellor.

Constitution, powers and functions of the Board of Management

12. (1) The Board shall consist of the following members, namely:—

(i) the Vice-Chancellor, ex officio Chairman;

(ii) three Secretaries, from amongst the Secretaries-in-charge of the Departments

of Agriculture or Animal Husbandry, Fishery and Horticulture of the State of Bihar to

be nominated by the Visitor by rotation;

(iii) three eminent scientists to be nominated by the Visitor;

(iv) one distinguished person representing Agro-based industries or a

manufacturer having a special knowledge in agricultural development to be nominated

by the Visitor;

(v) the Deputy Director-General (Education) representing the Indian Council of

Agricultural Research;

(vi) one Dean of college and one Director to be nominated by the Vice-Chancellor

on rotational basis;

(vii) two persons representing farmers to be nominated by the Vice-Chancellor;

(viii) one woman social worker representing woman social organisation to be

nominated by the Vice-Chancellor;

(ix) an Advisor (Agriculture), Planning Commission;

(x) a distinguished authority on natural resource or environment management to

be nominated by the Visitor;

(xi) two persons not below the rank of Joint Secretary representing respectively

the Departments of Government of India dealing with the Agriculture and Animal

Husbandry to be nominated by the concerned Secretary to the Government of India;

(xii) nominee of the Secretary representing the Department of Agricultural

Research and Education, Government of India;

(xiii) the Registrar of the University-Secretary.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

21

(2) The term of office of the members of the Board, other than ex officio members, shall

be three 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

University staff, subject to the approval of the Indian Council of Agricultural Research;

(ii) to appoint such teachers and other academic staff, as may be necessary, and

Deans of colleges, Director and Heads of other institutions maintained by the University

on the recommendations 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 regulate and enforce discipline among employees in accordance with the

Statutes and Ordinances;

(v) 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;

(vi) to fix limits on the total recurring and the total non-recurring expenditure for

a year on the recommendations of the Finance Committee;

(vii) 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;

(viii) to transfer or accept transfers of any movable or immovable property on

behalf of the University;

(ix) to provide buildings, premises, furniture and apparatus and other means

needed for carrying on the work of the University;

(x) to enter into, vary, carry out and cancel contracts on behalf of the University;

(xi) to entertain, adjudicate upon, and, if thought fit, to redress any grievances

of the employees and students of the University;

(xii) to fix fees, honorarium, emoluments and travelling allowances of examiners

or experts or consultants, advisors and officers on special duty;

(xiii) to select a common seal for the University and provide for the custody and

use of such seal;

(xiv) to make such special arrangements as may be necessary for the residence

and discipline of women students;

(xv) to delegate any of its powers to the Vice-Chancellor, Deans, Directors,

Registrar or Comptroller or such other employee or authority of the University or to a

Committee appointed by it as it may deem fit;

(xvi) to institute fellowships, scholarships, studentships, medals and prizes;

(xvii) to provide for appointment of Visiting Professor, Emeritus Professor,

Consultant and Officers on Special Duty and scholars and to determine the terms and

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conditions of such appointment;

(xviii) to exercise such other powers and perform such other duties as may be

conferred on it by the Act, or the Statutes.

Quorum for meetings of the Board

13. Five members of the Board shall form the quorum for a meeting of the Board.

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 Chairman;

(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 of Education;

(vi) a Librarian to be nominated by the Vice-Chancellor on rotational basis;

(vii) two eminent scientists to be co-opted from outside the University to be

nominated by the Vice-Chancellor;

(viii) seven Heads of the Departments, at least one from each Faculty to be

nominated by the Vice-Chancellor;

(ix) the Registrar of the University, ex officio Secretary.

(2) The term of office of the members of the Academic Council other than ex officio

members shall be three 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 instruction, co-operative teaching among

colleges and institutions, evaluation and improvements in academic standards;

(b) to bring about inter-college co-ordination and establish or appoint Committee

on academic matters;

(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 fellowships and studentships, fees, concessions, corporate life

and attendance.

Quorum for meetings of the Academic Council

15. One-third members of the Academic Council shall form the quorum for a meeting of

the Academic Council.

Board of Studies

16. (1) Each Faculty shall have a Board of Studies.

(2) The Board of Studies of each Faculty shall be constituted as under:—

(i) Dean of Faculty—Chairperson;

(ii) Director of Research —Member;

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(iii) Director of Extension Education—Member;

(iv) All Heads of Departments of the Faculty not below the rank of Associate

Professor—Member;

(v) One representative of the Academic Council not belonging to the particular

Faculty to be nominated by the Vice-Chancellor;

(vi) Two eminent scientists from agricultural education system not belonging to

the University to be nominated by the Vice-Chancellor;

(vii) One final year Post-Graduate student with Highest Overall Grade Point

Average (OGPA) — Member;

(viii) Assistant Registrar (Academic) of the Faculty — Member;

(ix) Director of Education—Member.

(3) The functions of the Board of Studies shall be to recommend to the Academic

Council, the course curriculum to be prescribed for various degrees to be offered by the

concerned faculty and to make suitable recommendations for the teaching of the prescribed

approved course, namely:—

(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.

Finance Committee

17. (1) The Finance Committee shall consist of the following members, namely:—

(i) the Vice-Chancellor — Chairman;

(ii) Financial Advisor, Department of Agricultural Research and Education or his

nominee not below the rank of Deputy Secretary;

(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) Three members of the Finance Committee shall form the quorum for 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, shall 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

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the University (which, in case of productive works, may include the proceeds of loans).

Selection Committees

18. (1) There shall be a selection Committee for making recommendations to the Board

for appointment to the post of teachers, Comptroller, Registrar, Librarians, 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 members as specified in the corresponding entries in column 2

of the said Table:

TABLE

1 2 3

A

Directors /Deans

(i) Vice-Chancellor or his nominee—Chairman

(ii) One nominee of the Visitor—Member

(iii) Three eminent scientists not below the rank of

Vice- Chancellor or equivalent (serving or retired) to be

nominated by the Vice-Chancellor from a panel of six

names approved by the Board-Member.

B.

Professors/Equivalent

(i) Vice Chancellor or his nominee—Chairman

(ii) One nominee of the Visitor—Member

(iii) Dean of concerned Faculty —Member

(iv) Director of Research or Director of Extension

Education or Director of Education to be nominated by

the Vice Chancellor-Member

(v) Three eminent subject specialists not below the

rank of Head of Departments (serving or retired) to be

nominated by the Vice-Chancellor out of a panel of six

names approved by the Board—Member.

C.

Associate Professor/Assistant

(i) Vice- Chancellor or his nominee—Chairman

Professor/Equivalent

(ii) One nominee of the Visitor—Member

(iii) Dean of concerned Faculty —Member

(iv) Director of Education or Director of Research or

Director of Extension Education to be nominated by

the Vice Chancellor—Member

(v) Two eminent teachers or scientists not below the

rank of Professor or equivalent (serving or retired) to be

nominated by the Vice-Chancellor out of a panel of six

names approved by the Board—Members.

D.

Registrar/Comptroller/

(i) Vice Chancellor or his nominee—Chairman

Librarian

(ii) One nominee of the Visitor—Member

(iii) One Director/Dean to be nominated by the

Vice-Chancellor—Member

(iv) Two experts in the concerned subject to be

nominated by the Vice-Chancellor, out of a panel of six

names approved by the Board—Members.

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(3) The Vice-Chancellor, or in his absence, his nominee shall preside at the meeting of

the Selection Committee:

Provided that the meetings of the Selection Committee shall be fixed after prior

consultation with the nominees of the Visitor:

Provided further that the proceedings of the Selection Committee shall not be valid

unless at least two members, not in the service of the University are present in the meeting.

(4) The meeting of the selection Committee shall be convened by the Vice-Chancellor

or in his absence by his nominee.

(5) The procedure to be followed by the Selection Committee in making recommendations

shall be decided by the Committee prior to the interview.

(6) If the Board is unable to accept the recommendations made by the 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) The Vice-Chancellor shall have the authority to appoint a person on ad hoc

basis for a period not exceeding six months extendable by a further period of

six months with the approval of the Board:

Provided that if the Vice-Chancellor is satisfied that in the interest of work it is

necessary to fill the vacancy, the appointment may be made on a purely temporary

basis by the local Selection Committee referred to in sub-clause (ii) for the period not

exceeding six months.

(ii) If the temporary vacancy is for a period less than one year, an appointment to

such vacancy shall be made on the recommendation of the 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 of 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 one 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 the

regular Selection Committee for appointment under the Statutes, be continued in service

on such temporary employment, unless he is subsequently selected by the local

Selection Committee or the regular Selection Committee, for a temporary or permanent

appointment, as the case may be.

(8) Mode of constitution of the Selection Committee for non-academic staff, not

prescribed in the Statutes, shall be prescribed by the Ordinances.

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

Profesosor 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.

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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.

Qualifications of Director, Dean, Professor, etc.

21. (1) Qualifications of Director, Dean, Professor, Associate Professor and Assistant

Professor of different Faculties and their equivalents in Research and Extension Education

shall be as prescribed by the Ordinances.

(2) Qualification of non-academic staff shall be prescribed by the Ordinances.

Committees

22. (1) The authorities of the University specified in section 17 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.

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 other staff of the University shall be appointed on a written

contract, the term 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 non-academic employees 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 as made from

time to time.

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 persons is otherwise in doubt, the Registrar may, on his

own motion and shall, at the request of any 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 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

SEC. 2]

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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

teacher and other academic staff and the appointing authority, in respect of other employees,

shall have the power to remove a teacher or a member of the academic staff, or other employees,

as the case may be, on grounds of misconduct.

(3) Save as aforesaid, the Board or the appointing authority, as the case may be, shall

not be entitled to remove any teacher, member of the academic staff or other employees

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, the appointing authority, as the case may be, or by paying one

month's salary in lieu thereof:

Provided that such resignation shall take effect only on the date from 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:

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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 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 Dean of colleges, institutions and Heads of the 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 disciplines and proper conduct shall be made by the

University.

(6) The Deans of the colleges, institutions and Heads of the teaching Departments in

the University may also make the supplementary rules as they deem necessary for the

purposes referred to in clause (5).

(7) 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 the students

of the 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.

Convocations

31. Convocations of the University for the conferring of the degrees or for other

purposes shall be held in such manner as may be prescribed by the Ordinances.

Acting Chairman

32. When no provision is made for a Chairman to preside over a meeting of any

Committee or when the Chairman so provided for is absent, or the Vice-Chancellor has not in

writing made any arrangement, the members shall elect one from among themselves to preside

over meeting.

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Resignation

33. Any member, other than an ex officio member of the Board, Academic Council or

any other authority of the University or any Committee 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

34. (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 un-discharged 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 has 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

35. Notwithstanding anything contained in the statutes, a person who is not ordinarily

resident in India shall not 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

36. 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

37. (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 Alumni Association shall be entitled to vote or stand for election

unless he has been a member of the said 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.

Students' Council

38. (1) There shall be, in each College of the University, a Students' Council for each

academic session for the purpose of making recommendations to the authorities of the

University with regard to various activities relating to students welfare, including games,

sports, dramatics, debates, cultural activities, etc., and such Council shall consist of:—

(i) the Dean of the College—Chairperson;

(ii) all Hostel Wardens;

(iii) Campus Estate Officer;

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(iv) five Heads of the Departments to be nominated by the Dean;

(v) Hostel Prefects;

(vi) one student from each class or year who has secured the Highest Overall

Grade Point Average (OGPA) in the previous academic session;

(vii) Students Welfare Officer—Member-Secretary.

(2) The Students Council shall meet at least once in each semester.

Ordinances how made

39. (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 Ordinances 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 re-consideration 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 member of numbers 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.

(7) 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 Ordinance.

(8) 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

40. (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 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 specified by the Regulations;

(iii) providing for all other matters concerning such authority 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 authorities of the dates of meetings and of the business to

be considered at meetings and for the keeping of a record of the proceedings of meetings.

(3) The Board may direct the amendment in such manner as it may specify of any

Regulation made under the Statutes or the annulment of any such Regulation.

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Delegation of Powers

41. Subject to the provisions of the Act and the Statutes, any officer or authority of the

University may delegate his or its power 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 power so delegated shall continue to vest in the officer or authority delegating

such power.

Collaboration with other Institution and Organisations

42. The University shall have the authority to enter into an agreement through a

Memorandum of Understanding with any research and /or academic institution of higher

learning to conduct collaborative Post Graduate Research Programme to fulfil the partial

requirement for the award of Master's and Ph. D. degrees of the University.

Constitution and Function of Research Council

43. (1) There shall be a Research Council of the University to exercise general

supervision over the research policies and programmes of the University in the area of

Agriculture and allied disciplines.

(2) The Research Council shall consist of the following members, namely:—

(i) the Vice-Chancellor—Chairman;

(ii) Director of Extension Education—Member;

(iii) Director of Education—Member;

(iv) all Deans of the colleges of the University—Members;

(v) Nominee of the State Governments not below the rank of Director—Members;

(vi) all co-ordinators of the Research Teams of the University—Members;

(vii) two eminent agricultural scientists to be nominated by the Vice-Chancellor

for three years—Members;

(viii) Director of Research—Member-Secretary.

(3) The Research Council shall meet at least once in a year.

(4) One-third members of the Research Council shall form a quorum for the meeting of

the Research Council.

(5) If a vacancy occurs due to resignation or otherwise the same shall be filled up for

the remaining period.

Constitution and function of the Extension Education Council

44. (1) There shall be an Extension Education Council of the University to exercise

general supervision over the extension education policies and programmes of the University

in the area of Agriculture and allied disciplines.

(2) The Extension Education Council shall consist of the following members, namely:—

(i) the Vice-Chancellor—Chairman;

(ii) Director of Research—Member;

(iii) Director of Education—Member;

(iv) all Deans of the colleges of the University—Members;

(v) Nominee of the State Governments not below the rank of Director—Members;

(vi) farmers representatives and one woman social worker to be nominated by

the Vice-Chancellor for a term of three years—Members;

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(vii) two eminent scientists from outside the University to be nominated by

the Vice-Chancellor for two years—Members;

(viii) Director of Extension Education—Member-Secretary.

(3) The Extension Education Council shall meet at least once in a year.

(4) One-third members of the Extension Education Council shall form a quorum for the

meeting of the Extension Education Council.

Application of the Central Civil Services (Pension) Rules, 1972, etc.

45. (1) All regular employees of the University shall be governed by the provisions of

the Central Civil Services (Pension) Rules,1972, and General Provident Fund (Central Services)

Rules,1960, in respect of grant of Pension and Gratuity and General Provident Fund.

(2) Any amendment made by the Government of India in the Central Civil Services

(Pension) Rules, 1972, and the General Provident Fund (Central Services) Rules, 1960, shall

also be applicable to employees of the University.

(3) In respect of commutation of pension, with any amendments there to the provisions

of the Central Civil Services (Commutation of Pension) Rules, 1981, shall apply.

(4) The Vice-Chancellor shall be the pension sanctioning authority and the pension

authorisation authority.

(5) Pension payment shall be centralised and controlled by Comptroller's office.

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STATEMENT OF OBJECT AND REASONS

Agriculture is the mainstay of economy in the Eastern region of the country but the

production levels have remained low due to lack of appropriate production technologies to

suit the needs of the farming community. This region is well endowed with natural resources

and holds promise for improving the productivity of major crops including rice, wheat,

maize, sugarcane, mustard, pulses, spices, jute, horticultural crops, etc. Economic status of

the farmers in the region can be accomplished through holistic management of land, water,

crops, live-stock and fisheries resources. To fulfill the desired goal and achieve excellence in

teaching, research and frontline extension, strengthening of infrastructure, trained manpower

and world class facilities are essential. Therefore, it has been decided to convert the existing

Rajendra Agricultural University, Pusa, Bihar into the Rajendra Central Agricultural University.

2. The conversion of Rajendra Agricultural University into the Rajendra Central

Agricultural University will produce the much needed educated manpower in agriculture

and allied sciences. It will have a national mandate with focus to address the needs of the

Eastern region of the country and particular attention to the State of Bihar for achieving

excellence in teaching, research and extension.

3. Hence, the proposal is to convert the Rajendra Agricultural University, Pusa, Bihar

into the Central Agricultural University, as an institution of national importance for higher

learning and for carrying out teaching and research in agriculture relevant to the area and for

imparting modern agriculture methods and skills to farmers of the region.

4. The Bill seeks to achieve the above objectives.

RADHA MOHAN SINGH

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Notes on clauses

Clause 1.—This clause provides for short title and commencement of the Bill.

Clause 2.—This clause provides for declaration of Rajendra Central Agricultural

University as an institution of national importance.

Clause 3.—This clause provide for definitions of the terms used in the Bill.

Clause 4.—This clause provides for the establishment and incorporation of the

"Rajendra Central Agricultural University".

It further provides that the headquarters of the University shall be at Pusa in the State

of Bihar and it may also establish campuses at such other places within its jurisdiction as it

may deem fit.

It also provides that the University shall have perpetual succession and a common

seal and shall sue and be sued by the said name.

Clause 5.—This clause provides for objects of the University such as,to impart

education in different branches of agriculture and allied sciences,advancement of learning

and conducting of research in agricultural and allied sciences, to undertake programmes of

extension education in the country with particular attention to the State of Bihar,to promote

partnership and linkages with national and international educational institutions and to

undertake such other activities as it may, from time to time, determine.

Clause 6.—This clause, inter alia, empowers the University to make provisions for

instructions in agriculture and allied sciences,conduct of research in agriculture and allied

branches of learning, grant, certificates, diplomas and degrees confer honorary degrees,to

provide lectures and instructions for field workers, village leaders and other persons,to co-

operate or collaborate or associate with any other University or authority or institution of

higher learning,establish and maintain colleges,campuses, Krishi Vigyan Kendras, special

centres, specialised laboratories, libraries, museums or other units,to institute and award

fellowships, scholarships, studentships, medals and prizes,determine standards of admission

to the University, fix, demand and receive such fees and other charges and do all such other

acts and things as may be necessary, incidental or conducive to the attainment of all or any

of its objects.

Clause 7.—This clause provides for the jurisdiction and responsibility of the University

which shall extend to the whole country with special reference to the State of Bihar.

Clause 8.—This clause provides the University shall open to persons of every sex,

caste, creed, race or class. It further provides that the University may make special provisions

for the employment or admission of women, persons with disability or of persons belonging

to the weaker sections of the society and, in particular, of the scheduled Caste, the Scheduled

Tribes and Other Backward classes.

Clause 9.—This clause provides that the President of India shall be the Visitor of the

University who shall have the right to cause an inspection of the University. It further

provides that the Visitor shall have such other powers as may be prescribed by the Statutes.

Clause 10.—This clause provides for the officers of the University.

Clause 11.—This clause provides for the appointment of the Chancellor of the

University who shall , by virtue of the office, be the Head of the University.

Clause 12.—This clause provides for the appointment of the Vice-Chancellor of the

University and his powers.

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Clause 13.—This clause provides that Dean and Director of the University shall be

appointed in such manner and shall exercise such powers and perform such duties as may be

prescribed by the Statutes.

Clause 14.—This clause seeks to provides for the appointment of the Registrar of the

University who shall, inter-alia, shall have the power to enter into agreements, sign

documents and authenticate records.

Clause 15.—This clause seeks to provides for the appointment of the Comptroller of

the University who shall exercise such powers and perform such duties as may be prescribed

by the Statutes.

Clause 16.—This clause provides for the appointment and duties of other officers.

Clause 17.—This clause provides for the Authorities of theUniversity.

Clause 18.—This clause provides that the Board of Management shall be the principal

executive body of the University, and that its constitution, term of office of its members and

its powers and functions shall be prescribed by the Statutes.

Clause 19.—This clause provides that the Academic Council shall be the principal

academic body of the University. It further provides that the constitution of the Academic

Council and the term of office of its members shall be prescribed by the Statutes.

Clause 20.—This clause provides that the constitution, powers and functions of the

Research Council shall be prescribedby the Statutes.

Clause 21.—This clause provides that the constitution, powers and functions of the

Extension Education Council shall be prescribed by the Statutes.

Clause 22.—This clause provides that the constitution, powers and functions of the

Finance Committee shall be prescribed by the Statutes.

Clause 23.—This clause provides that the University shall have such Faculties as may

be prescribed by the Statutes.

Clause 24.—This clause provides that the constitution, powers and functions of the

Board of Studies shall be prescribed by the Statutes.

Clause 25.—This clause provides that the constitution, powers and functions of the

other authorities shall be prescribed by the Statutes.

Clause 26.—This clause provides for the matters for which the Statutes may be made.

Clause 27.—This clause provides that the first Statutes which are those set out in the

Schedule.

It further provides that the Board may from time to time make amend or repeal the

Statues and every Statute or any amendment or repeal of a Statute shall require the assent of

the Visitor.

It also provides that the Visitor may amend or repeal the first Statutes during the

period of three years immediately after the commencement of the Act, and that the Visitor

may direct the University to make provisions in the Statutes in respect of any matter specified

by him.

Clause 28.—This clause provides for the matters for which the Ordinances may be

made.

It further provides that the first Ordinances shall be made by the Vice-Chancellor with

the previous approval of the Central Government and Ordinances so made may be amended

or repealed at any time by the Board in the prescribed manner.

Clause 29.—This clause provides for the authorities of the University to make

Regulations, consistent with this Act,the Statutes and the Ordinances for the conduct of

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[PART II—

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 prescribed manner.

Clause 30.—This clause provides for 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.

It further provides that the copy of the said report shall be laid before both the

Houses of Parliament.

Clause 31.—This clause provides that 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.

It further provides that a copy of the annual accounts together with the audit report

thereon shall be submitted to the Board, the Visitor and the Central Government.

It also provides that the audited annual accounts after having been laid before both

the Houses of Parliament shall be published in the Official Gazette.

Clause 32.—This clause provides that the 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.

It further provides that 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,arbitration upon the terms of this section within the meaning of the Arbitration

and Conciliation Act, 1996.

Clause 33.—This clause provides for the Procedure of appeal and arbitration in

disciplinary cases against students.

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.

Clause 34.—This clause provides that 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.

Clause 35.—This clause provides that 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.

It further provides that the Central Government may declare that the provisions of

the Provident Funds Act, 1925, shall apply to such fund, as if it were a Government provident

fund.

Clause 36.—This clause provides thatif 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.

Clause 37.—This clause provides that 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.

Clause 38.—This clause provides for the filling of casual vacancies of the members of

the authority of the University.

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Clause 39.— This clause provides that no action 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.

Clause 40.— This clause provides for protection of action taken in good faith. It

provides that no suit, prosecution or other legal proceedings shall lie against the Board,

Vice-Chancellor, 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.

Clause 41.— This clause provides that 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.

Clause 42.— This clause provides for the effect of establishment of University in the

Bill.

Clause 43.— This clause provides the power to remove difficulties.

Clause 44.— This clause provides for the transitional provisions.

Clause 45.— This clause provides for repeal of Bihar Agricultural University Act,

1987 (Bihar Act, 8 of 1988) in so far as it relates to the Rajendera Agricultural University,

Pusa, Bihar.

Clause 46.— This clause provides that the Statute, Ordinance or Regulation shall be

published in the Official Gazette, and shall be laid before Parliament.

It further provides that 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.

Schedule.— It specifies that Statutes of the University.

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FINANCIAL MEMORANDUM

Clause 4 of the Bill provides that the Rajendra Agricultural University established and

incorporated under the Bihar Agricultural University Act,1987 (Bihar Act 8 of 1988), shall be

established as a body corporate under this Act by the name "Rajendra Central Agricultural

University" in the State of Bihar with headquarter at Pusa. The University is established by

conversion of the existing Rajendra Agricultural University into a Central Agricultural

University and therefore, the total estimated expenditure on the establishment of the Rajendra

Central Agricultural University would be Rs. 295.00 crores during the financial years 2015-16

and 2016-17 of the Twelfth Plan.

2. The above expenditure has been authorised by the Expenditure Finance Committee.

3. The expenditure shall be met by the Department of Agricultural Research and

Education through the Indian Council of Agricultural Research from its Plan allocations.

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39

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 27 of the Bill provides for the first Statutes as specified in the Schedule to the

Bill. It empowers the Board to make, amend or repeal the Statutes of the University subject to

the assent of the Visitor. Sub-clause (5) of the aforesaid clause empowers the Visitor also to

make, amend or repeal the Statutes of the University during the period of three years

immediately after the commencement of the Act. Sub-clause (6) of the said clause empowers

the Visitor to 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

the 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.

2. The matter in respect of which the Board and the Visitor may make, amend or repeal

the Statutes include the constitution, powers and functions of the authorities of the University,

the appointment of officers and teachers of the University, the conditions of service of the

employees of the University and matters connected therewith.

3. Sub-clause (2) of clause 28 of the Bill empower the Vice-Chancellor to make the first

Ordinances of the University with the previsous approval of the Central Government. It also

provides that the Ordinances so made may be amended or repealed at any time by the Board

in the manner prescribed by the Statutes. The Ordinances may also be made, amended or

repealed in respect of matters relating to adimission of students, courses of study, fees and

fellowships, medium of instructions and examination, establishment of special centers,

specialised laboratories, the manner of co-operation and collaboration with other Universities

and authorities, the management of colleges and institutions established by the University

and such other matters.

4. Clause 29 of the Bill enables the authorities of the University to make Regulations

consistent with the provisions of the Act, the Statute, and the Ordinances.

5. The matters for which Statutes, Ordinances or Regulations may be made are matters

of procedure. The delegation of legislative power is therefore of a normal character.

————

SHUMSHER K. SHERIFF,

Secretary-General.

GMGIPMRND—39624GI—31-12-2015.

PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE

AND CONDUCT OF BUSINESS IN THE RAJYA SABHA.