1979

Panaji, 9th March, 2017 (Phalguna 18, 1938)

SERIES I No. 49

Reg. No. G-2/RNP/GOA/32/2015-2017

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

GOVERNMENT OF GOA

Department of Environment

___

Notification

71-10-2014/STE-DIR/494

In exercise of the powers conferred by

sub-sections (1) and (2) of section 63 of the

Biological Diversity Act, 2002 (Central Act 18

of 2003), the Government of Goa hereby makes

the following rules, namely:—

1. Short title and commencement.— (1)

These rules may be called the Goa Biological

Diversity Rules, 2017.

(2) They shall come into force from the date

of their publication in the Official Gazette.

2. Definitions.— (1) In these rules, unless

the context otherwise requires,—

(a) “Act” means the Biological Diversity

Act, 2002 (Central Act 18 of 2003);

(b) “Authority” means the National

Biodiversity Authority established under

sub-section (1) of section 8 of the Act;

Board established under section 22 of the

Act;

(d) “Committee” means the Biodiversity

Management Committee constituted by

local body within its area under sub-

-section (1) of section 41 of the Act;

(e) “fee” means fee specified in these

rules;

(f) “form” means form appended to the

rules;

(g) “section” means a section of the Act;

Department Notification/Order Subject

Pages

1. Environment

Not.- 71-10-2014/STE-

The Goa Biological Diversity Rules, 2017.

1979

Director

-DIP/494

2. Law & Judiciary

Not.- 10/4/2016-LA

The Dr. Rajendra Prasad Central Agricultural

1987

Under Secretary

University Act, 2016.

3.a. Revenue

Ord.- 35/2/2013-RD/319

Permiting the Life Insurance Corporation of India,

2014

Under Secretary

Goa Divisional Office, Panaji to pay a consolidated

stamp duty.

b. —do—

Ord.- 35/2/2013-RD/320

Permiting the Life Insurance Corporation of India,

2014

Goa Divisional Office, Panaji to pay a consolidated

stamp duty.

4. Science, Technology &

Not.- 1/24/2010/STE-

Amendments in the Notification.

2015

Environment

-DIR/493

Director

INDEX

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

9TH MARCH, 2017

1980

(h) “Government” means the Government

of Goa;

(2) Words and expressions used but not

defined in these rules and defined in the Act

shall have the same meaning respectively

assigned to them in the Act.

3. Terms and conditions of service of the

Chairperson and Members of the Board.— (1)

The Chairperson of the Board shall hold the

office for a term of three years and shall be

eligible for re-appointment:

Provided that no Chairperson shall hold

office as such after he attains the age of 65

years:

Provided further that continuance of the

Chairperson in the office shall be at the

pleasure of the Government.

(2) The Chairperson may resign from his

office by giving at least one month’s advance

notice in writing to the Government.

(3) The Chairperson shall be entitled to

such salary, allowances, leave and other

perquisites, as may be determined by the

Government from time to time.

(4) The Members other than ex officio

members of the Board shall hold office for a

term not exceeding three years from the date

of their appointment.

(5) Every Member other than ex officio

members shall be entitled to sitting allowance

as may be fixed by the Government from time

to time.

(6) A member other than ex officio member

of the Board may resign from his office at any

time by giving in writing under his hand

addressed to the Government and the seat of

that member in the Board shall become

vacant.

(7) A casual vacancy in the Board arising

from death, resignation or from the

circumstances indicated under section 11 of

the Act, shall be filled up by, a fresh

appointment by the Government and the

person so appointed to fill the vacancy shall

hold office only for the remainder of the term

of the member, in whose place he was

appointed.

4. Member-Secretary of the Board.— (1) The

Member-Secretary of the Board shall be

appointed by the Government.

(2) The terms and conditions of appointment

of Member-Secretary shall be determined by

the Government.

(3) The Member-Secretary of the Board shall

be responsible for day-to-day administration

of the Board and for convening meetings,

management of funds and implementation of

various activities of the Board under the

supervision/guidance of the Chairperson of

the Board.

(4) All Orders and decisions of the Board

shall be authenticated by the signature of the

Chairperson or any other member authorised

by the Board in this behalf.

(5) The Board either itself or through

Member-Secretary authorized in this behalf

may sanction and disburse all payments

against the approved budget.

(6) The Member-Secretary shall be in

charge of all the confidential papers of the

Board and shall be responsible for their safe

custody; he shall produce such papers

whenever so directed by the Board or the

Government.

(7) The Member-Secretary shall write and

maintain confidential reports of all the officers

and staff of the Board and shall get them

countersigned by the Chairperson.

(8) The Member-Secretary shall exercise

such other powers and perform such other

functions, as may be delegated to him from

time to time by the Board.

(9) The Member-Secretary shall act as

‘Head of Office’ of the Board.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

9TH MARCH, 2017

1981

5. Meetings of the Board.— (1) The Board

shall meet at least four times in a year normally

once in three months at its Headquarters or

at such other place, as may be decided by

the Chairperson. However the Board may

meet more often if necessary, to discharge

its functions hereunder.

(2) The Chairperson, shall, upon a written

request from not less than five members

of the Board or upon a direction of the

Government, call a special meeting of the

Board.

(3) Fifteen days’ notice of an ordinary

meeting and three days’ notice of a special

meeting specifying the purpose, the time and

the place, at which such meeting is to be held,

shall be given to the Members.

(4) Every meeting shall be presided over by

the Chairperson and in his absence a presiding

officer to be elected by the Members present

from amongst themselves.

(5) The decision of the Board shall be taken

in an unanimous manner after proper

deliberation on the subject matter brought

before it during the meeting.

(6) No Member shall be entitled to bring

forward for the consideration of a meeting any

matter of which he has not given ten days’

notice unless the Chairperson in his discretion

permits him to do so.

(7) Notice of the meeting may be given to

the Member by delivering the same by

messenger or sending it by registered post to

his last known place of residence or business

or by email provided by the member or in such

other manner as the Member-Secretary of the

Board may, in the circumstances of the case,

thinks fit.

(8) In addition, the Board may evolve such

other procedure for the transaction of its

business as it may deem fit and proper.

6. Functions of the Board.— In addition to

the functions of the Board as specified in

section 23, the Board may perform the

following functions, namely:—

(a) lay down the procedure and

guidelines to govern the activities provided

under sections 23 and 24 of the Act;

(b) provide technical assistance and

guidance to the Department of the

Government on conservation of ecology,

environment and biodiversity of any nature;

tation of State Biodiversity Strategy and

Action Plan;

(d) commission studies and sponsor

investigations and research;

(e) bio-conservation and preservation of

unknown potential of every gene in every

species of ecosystem;

(f) preparation of exhaustive inventory of

the species available in natural habitat of

useful biological communities and take

steps to preserve them.

Note: This exercise is referred to as Peoples

Biodiversity Registers (PBRs) and detailed in the

guidelines and formats laid down by the Authority

and as decided by the Board, from time to time.

PBRs shall be prepared by committee initially

with the help of Technical Support Groups (TSGs)

selected by Board. TSGs shall be for specific

period not exceeding three years, for providing

technical assistance. If it is necessary to engage

any TSG beyond the period of three years, the

Board shall seek prior approval of the Government

for such an engagement. A validated PBR shall

be endorsed by Member-Secretary of the Board.

PBRs are the property of committee and its

confidentiality shall be ensured by the committee

and the Board shall ensure that the control of

access to bioresource, bio survey or bio utilization

is with committee. One copy of PBR shall be

maintained each, by committee, the Board and

Authority;

(g) engage consultant for a specific

period, not exceeding three years, for

providing technical assistance to the Board

in the effective discharge of its functions

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

9TH MARCH, 2017

1982

provided that, if it is necessary and

expedient to engage any consultant beyond

the period of three years, the Board shall

seek prior approval of the Government for

such an engagement;

(h) collect, compile and publish technical

and statistical data, manuals, codes or

guides relating to conservation of biological

biodiversity, sustainable use of its

components and fair and equitable sharing

of benefits arising out of the use of biological

resources and knowledge associated

thereto;

(i) organize through mass media

a compressive programme regarding

conservation of biological diversity,

sustainable use of its components and fair

and equitable sharing of benefits arising

out of the use of biological resources and

knowledge associated thereto;

(j) plan and organize training of personnel

engaged or likely to be engaged in

programmes for the conservation of

biological diversity and sustainable use of

its components;

(k) take steps to build up database and to

create information and documentation

system for biological resources and

associated traditional knowledge through

Peoples Biodiversity Registers (PBRs) by

utilizing suitable methods such as electronic

databases and online software based

secured systems for data management, to

ensure effective management, promotion

and sustainable use;

(l) give directions to Committees in

writing and through appropriate oral means

for effective implementation of the Act, and

to facilitate their meaningful participation

in all measures relating to conservation,

sustainable use and equitable benefit-

-sharing;

(m) report to the Government about the

functioning of the Board and implementation

of the Act and the rules made there under;

(n) to devise methods to ensure

protection of rights including intellectual

property rights (IPR) over biological

resources and associated knowledge

including

systems

maintaining

confidentiality of such information as

appropriate, including the protection

of the information recorded in Peoples

Biodiversity Registers (PBRs);

(o) sanction grants-in-aid and grants to

Biodiversity Management Committees for

specific purposes;

(p) undertake physical inspection of any

area in connection with the implementation

of the Act;

(q) ensure that biodiversity and

biodiversity-dependent livelihoods are

integrated into all sectors of planning and

management, and at all levels of planning

from local to State, to enable such sectors

and administrative levels to contribute

effectively for conservation and sustainable

use;

(r) prepare the annual budget of the

Board incorporating all its receipts as also

the devolution from the Government and

Central Government provided that the local

allocation by the Central Government/

/Authority if any, shall be operated in

accordance with the budget provisions

approved by the Central Government/

/Authority from time to time;

(s) frame regulations for laying down

terms and conditions of service of its

officers and other employees and if

necessary recommend creation of posts to

Government, for effective discharge of the

functions by the Board:

Provided that no permanent post shall

be created without prior approval of the

Government;

(t) perform such other functions, as may

be necessary to carry out the provisions of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

9TH MARCH, 2017

1983

the Act or as may be directed by the

Government from time to time.

7. Powers and functions of the Chair-

person.— (1) The Chairperson may issue

necessary directions for the conduct and

management of the affairs of the Board.

(2) The Chairperson shall be the Chief

Executive of the Board and shall have the

powers of general superintendence over the

Member-Secretary, officers and staff of the

Board. He shall issue necessary directions

for the conduct and management of the

affairs of the Board, to approve official visits

of Member-Secretary to attend meetings

conducted by the Authority and conferences

outside the State and also sanction leave etc.

and exercise powers over other establishment

matters pertaining to Member-Secretary.

(3) The Chairperson can delegate any of his

powers to the Member-Secretary for specific

period.

(4) The Chairperson shall have full powers

for granting administrative and technical

sanction to all estimates included in the

budget of the Board.

(5) The Chairperson shall convene and

preside over all the meetings of the Board and

shall ensure that all decisions taken by the

Board are implemented in proper manner.

(6) The Chairperson shall exercise such

other powers and perform such other

functions as may be delegated to him from

time to time by the Board.

8. Terms and conditions of service of

employees of the Board.— (1) The Board may

appoint such officers and other employees

as it considers necessary for the efficient

discharge of its functions. The appointments

in general may be on contractual basis or on

deputation, unless otherwise decided by the

Government.

(2) The terms and conditions of service

of such officers and other employees of the

Board shall be such as may be specified by

regulations.

9. Procedure for access to/collection of

biological resources.— (1) Any person who is

a citizen of India or a body corporate,

association or organization which is registered

in India seeking access to/collection of

biological resources and/or associated

knowledge for commercial utilization or for

bio-survey and bio-utilization for commercial

utilization shall give prior intimation in Form I

hereto to the Board.

(2) Every intimation under sub-rule (1) shall

be accompanied by a fee of one thousand

rupees in the form of a cheque or demand draft

drawn in favour of “Goa Biodiversity Fund”

payable at any nationalized bank at Panaji,

Goa.

(3) A written agreement duly signed by

the Member-Secretary of the Board and the

applicant shall be binding on them for the

access/collection. The form of the agreement

shall be decided by the Board on case to case

basis.

(4) The conditions for access to/collection

of biological resources and associated

knowledge, may specifically provide

measures for conservation and protection

of biological resources and knowledge-

-associated to which the access to/collection

is being granted.

(5) In case of breach of terms and conditions

of Agreement by the applicant, the Board shall

terminate the agreement and the applicant

shall immediately stop his activity referred to

above.

10. Restriction or prohibition on activities

related to access to biological resources and/

/or associated knowledge.— The Board may,

in consultation with the local bodies

concerned and after making such enquiries

as it may deem fit, by order, if it deems

necessary prohibit or restrict any such activity

referred to in rule 9, by giving an opportunity

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

9TH MARCH, 2017

1984

of being heard to the person, if it is of opinion

that such activity is detrimental or contrary

to the objectives of conservation and

sustainable use of biodiversity or equitable

sharing of benefits arising out of such

activity.

11. Operation of the Goa State Biodiversity

Fund.— (1) The Goa State Biodiversity Fund

shall be operated by the Member-Secretary

of the Board or by such other officer of the

Board as may be authorized by the Board in

its behalf.

(2) The Goa State Biodiversity Fund shall

have separate heads of accounts, and also two

separate accounts in bank, one relating to the

receipts (grants and loans) from the Authority

and the Government, including receipts from

such other sources as decided by the

Government and the other concerning the

fee and other receipts of the Board.

(3) The Board shall frame guidelines

to ensure that decisions regarding the

management and use of the Goa State

Biodiversity Fund are transparent and

accountable to the public.

(4) Goa State Biodiversity Fund shall

have separate heads of account for receipt

from,—

(i) the Central Government,

(ii) the Authority,

(iii) the Government, and concerning the

fee, and other receipt.

12. Annual Report and Annual Statement

of Accounts.— (1) The Board shall prepare its

annual report in Form II hereto before the 30th

day of September every year giving a full

account of its activities during the previous

financial year and submit the same to the

Government.

(2) The Board shall lay down procedure

for maintenance and upkeep of the accounts.

The accounts of the Board shall be audited

annually by the Chartered Accountant

appointed for the purpose by the Board.

The Accountant General of the State of Goa

may also audit the accounts; and the

expenditure towards this shall be borne by

the Board.

(3) The Board shall submit its audited copy

of accounts together with the auditor’s report

to the Government by 30th day of June each

year so as to enable the Government to lay

the reports before the Legislative Assembly

of Goa.

13. Local Biodiversity Fund.— (1) The

management and the custody of the Local

Biodiversity Fund shall be with committee

and the said fund shall be operated by the

committee. The Board shall lay down the

guidelines for operation of the fund by

the committee, including the ways for

making its functioning transparent and

accountable to all members of the relevant

local body.

(2) The Local Biodiversity Fund shall be

used for the conservation and promotion of

biodiversity in the areas falling within the

jurisdiction of the concerned local body and

for the benefit of the community in so far

such use is consistent with conservation of

biodiversity.

(3) The committee shall prepare in Form III

hereto its annual report, giving a full account

of its activities during the previous financial

year and submit a copy thereof to the

concerned local body.

(4) The Board shall lay down procedure for

maintenance and upkeep of accounts of the

Local Biodiversity Fund. The accounts shall

be audited by Chartered Accountant.

(5) The committee shall submit the audited

copy of accounts together with auditor’s

report thereon to the local body concerned

by the 30th day of the month of May to

enable the local body to submit it along with

annual report to the concerned District

Magistrate.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

9TH MARCH, 2017

1985

FORM I

(See rule 9)

Prior intimation for access to/collection of biological resources/associated knowledge

for commercial utilization

Part A

1. Full particulars of the applicant

(a) Name (individual/company/association/organization/other entity):

(b) Permanent address (in case of legal entity, registered address):

(Please attach relevant documents of authentication):

(d) Nature of business:

(e) Turnover of the organization in Indian Rupees:

2. Details and specific information about nature of access sought and biological resources and/or

associated knowledge to be accessed

(a) Identification (scientific name) of biological resources and its traditional use:—

(b) Geographical location (including survey Nos. vaddo/ward, village, and district) of

proposed collection:–

(oral/documented):–

(d) Any identified individual/family/community holding the traditional knowledge:–

(e) Quantity of biological resources to be collected:–

(f) Time span in which the biological resources are proposed to be collected:–

(g) Names and number of persons authorized by the company for making the collection:–

(h) The purpose for which the access is requested including the type and extent of research,

commercial use being derived and expected to be derived from it:–

(i) Whether any collection or use of the resource endangers any component of biological diversity

and the risks which may arise from the access.

3. Estimation of benefits that would flow to communities arising out of the use of accessed

bio-resources and traditional knowledge.

4. Proposed mechanism and arrangements for benefit sharing.

5. Any other relevant information.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

9TH MARCH, 2017

1986

Part B

Declaration

I/we declare that:

* Collection and use of proposed biological resources shall not adversely affect the sustainability of

the resources;

* Collection and use of proposed biological resources shall not entail any environment impact;

* Collection and use of proposed biological resources shall not pose any risk to biodiversity, including

ecosystems, species, and genetic diversity;

* Collection and use of proposed biological resources shall not adversely affect the local communities;

I/we undertake to pay any fee as may be levied by the Board or the committee(s).

I/we further undertake to furnish any irrevocable bank guarantee as may be specified by the Board.

I/we further declare that, the information provided herein is true and correct and

I/we shall be solely responsible for any incorrect/wrong information.

Signed ......................................

Name ........................................

Title ..........................................

Place: ...................................

Date: .....................................

—————

FORM II

[See rule 12 (1)]

Form of Annual report for Goa Biodiversity Board

(1) Name of the Board:

(2) The Period to which report relates (financial year):

(3) Introduction:

(a) Functions of the Board:

(b) Constitution of the Board:

(4) Board meetings:

(5) Formation of BMC’s:

(6) People’s Biodiversity Register (PBR):

(7) Detailed report on the activities performed during the year:

(8) Publication and publicity material:

(9) Detail Financial report and accounts.

Signature of the Chairperson

Signature of the Member-Secretary

Goa Biodiversity Board

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

9TH MARCH, 2017

1987

FORM III

[See rule 13(3)]

Form of Annual report for Biodiversity Management Committee of .................

(1) The annual report shall invariably contain:

(a)

The name of the committee

(b)

The period to which the report relates (financial year)

(c)

The incumbency of office for the period

(name of the Chairperson and Secretary)

(d)

Detailed statement of programmes of action for the year

(e)

Detailed report of activities performed during the year

(f)

A brief account of financial position of the committee. Proofs to be enclosed indicating updated

transaction entries of all the bank accounts of BMC.

(g)

Map of Jurisdiction

(h)

Progress of work in People’s Biodiversity Register (PBR)

Documentation

Updation

Validation in consultation with the SBB and TSG

(i)

Minutes of meeting

(j)

BMC annual financial report with resolution of the BMC

(k)

Details of local biodiversity fund utilization with justification

(l)

BMC is required to furnish all the supporting vouchers, approvals & necessary proofs required for

the purpose of auditing/accounting

(m)

List of visitors

(n)

List of persons provided access to biological resources and traditional knowledge by BMC

(o)

Important communication between BMC-SBB-NBA

(p)

Photographs, news clippings (if any)

Signature of the Chairperson

Signature of the Secretary

Biodiversity Management Committee

of .................................................................

of ...............................................................

By order and in the name of the Governor of Goa.

Agnelo A. J. Fernandes, Director (Environment).

Saligao, 2nd March, 2017.

———!!!———

Department of Law & Judiciary

Legal Affairs Division

___

Notification

10/4/2016-LA

The

Dr.

Rajendra

Prasad

Central

Agricultural University Act, 2016 (Central

Act No. 32 of 2016), which has been passed

by Parliament and assented to by the

President on 28-05-2016 and published in

the Gazette of India, Extraordinary, Part II,

Section 1, dated 28-05-2016, is hereby

published for the general information of the

public.

Julio Barbosa Noronha, Under Secretary

(Law).

Porvorim, 26th October, 2016.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

9TH MARCH, 2017

1988

THE DR. RAJENDRA PRASAD CENTRAL

AGRICULTURAL UNIVERSITY

ACT, 2016

_____

Arrangement of sections

_____

Sections

Short title and commencement.

Declaration of Dr. Rajendra Prasad Central

Agricultural University as an institution of

national importance.

Definitions.

Establishment

and

incorporation

Dr. Rajendra Prasad Central Agricultural

University.

Objects of the University.

Powers of the University.

Jurisdiction.

University open to all classes, castes and creed.

The Visitor.

10.

Officers of the University.

11.

The Chancellor.

12.

The Vice-Chancellor.

13.

Deans and Director.

14.

The Registrar.

15.

The Comptroller.

16.

Other officers.

17.

Authorities of the University.

18.

Board of Management.

19.

The Academic Council.

20.

The Research Council.

21.

The Extension Education Council.

22.

The Finance Committee.

23.

Faculties.

24.

The Board of Studies.

25.

Other authorities.

26.

Power to make Statutes.

27.

Statutes how to be made.

28.

Power to make Ordinances.

29.

Regulations.

30.

Annual report.

31.

Annual accounts.

32.

Conditions of service of employees.

33.

Procedure of appeal and arbitration in

disciplinary cases against students.

34.

Right to appeal.

35.

Provident and pension funds.

36.

Disputes as to constitution of University

authorities.

37.

Constitution of committee.

38.

Filling of casual vacancies.

39.

Proceedings of the University authorities not

invalidated by vacancy.

40.

Protection of action taken in good faith.

Sections

41.

Mode of proof of University records.

42.

Effect of establishment of University.

43.

Power to remove difficulties.

44.

Transitional provisions.

45.

Repeal of Bihar Agricultural University Act.

46.

Statutes, Ordinances and Regulations to be

published in the Official Gazette and to be

laid before Parliament.

THE SCHEDULE

—————

THE DR. RAJENDRA PRASAD CENTRAL

AGRICULTURAL UNIVERSITY

ACT, 2016

ACT

to provide for the establishment and

incorporation of a University by conversion

of the existing Rajendra Agricultural

University, Pusa, Bihar to Dr. Rajendra

Prasad 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-

-seventh Year of the Republic of India as

follows:—

1. Short title and commencement.—

(1) This Act may be called the Dr. Rajendra

Prasad Central Agricultural University Act,

2016.

(2) It shall come into force on such date as

the Central Government may, by notification

in the Official Gazette, appoint.

2. Declaration of Dr. Rajendra Prasad Central

Agricultural University as an institution of

national importance.— Whereas the objects

of the institution known as the Dr. Rajendra

Prasad 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 Dr. Rajendra

Prasad Central Agricultural University is an

institution of national importance.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

9TH MARCH, 2017

1989

3. Definitions.— In this Act, and in all

Statutes made hereunder, unless the context

otherwise requires,—

(a) “Academic Council” means the

Academic Council of the University;

(b) “academic staff” means such

categories of staff as are designated as

academic staff by the Ordinances;

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 pro-

cessing 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 Dr. Rajendra

Prasad 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. Establishment and incorpora-

-tion of Dr. Rajendra Prasad Central

Agricultural University.— (1) The

University established and incorpo-

rated 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

Bihar Act

8 of 1988.

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name of the “Dr. Rajendra Prasad

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

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 Dr. Rajendra Prasad 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. Objects of the University.— 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;

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. Powers of the University.— 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 and sufficient

cause;

(v) to confer honorary degrees or other

distinctions in the manner prescribed by

the Statutes;

(vi) to provide lectures and instructions

for field workers, village leaders and other

persons not enrolled as regular students of

the University and to grant certificates to

them as may be prescribed by the Statutes;

(vii) to co-operate or collaborate or

associate with any other University or

authority or institution of higher learning

in such manner and for such 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.

(xi) to create administrative, ministerial

and other posts and to make appointments

thereto;

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(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. Jurisdiction.— (1) The jurisdiction and

responsibility of the University with respect

to teaching, research and programmes of

extension education at the University level, in

the field of 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 responsi-

bility 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. University open to all classes, castes and

creed.— 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. The Visitor.— (1) The President of India

shall be the Visitor of the University.

(2) Subject to the provisions of sub-sections

(3) and (4), the Visitor shall have the right to

cause an inspection to be made, by such

person or persons as he may direct, of the

University, its buildings, laboratories, libraries,

museums, workshops and equipments, and of

any institution or college and also of the

examination, instruction and other work

conducted or done by the University, and

to cause an inquiry to be made in like

manner in respect of any matter connected

with the administration and finances of the

University.

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(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. Officers of the University.— 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. The Chancellor.— (1) The Chancellor

shall be appointed by the Visitor in

such manner as may be prescribed by the

Statutes.

(2) The Chancellor shall, by virtue of his

office, be the Head of the University.

(3) The Chancellor shall, if present, preside

at the convocations of the University held for

conferring degrees.

12. The Vice-Chancellor.— (1) The Vice-

-Chancellor shall be appointed by the Visitor

in such manner as may be prescribed by the

Statutes.

(2) The Vice-Chancellor shall be the

principal executive and academic officer of

the University and shall exercise general

supervision and control over the affairs of the

University and give effect to the decisions of

all the authorities of the University.

(3) The Vice-Chancellor may, if he is of the

opinion that immediate action is necessary on

any matter, exercise any power conferred on

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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

month 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. Deans and Director.— 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. The Registrar.— (1) The Registrar shall

be appointed in such manner as may be

prescribed by the Statutes.

(2) The Registrar shall have the power to

enter into agreements, sign documents and

authenticate records on behalf of the

University and shall exercise such powers and

perform such duties as may be prescribed by

the Statutes.

15. The Comptroller.— The Comptroller

shall be appointed in such manner and

shall exercise such powers and perform

such duties as may be prescribed by the

Statutes.

16. Other officers.— The manner of

appointment and powers and duties of the

other officers of the University shall be

prescribed by the Statutes.

17. Authorities of the University.— 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. Board of Management.— (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.

19. The Academic Council.— (1) The

Academic Council shall be the principal

academic body of the University and shall,

subject to the provisions of this Act 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.

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(2) The constitution of the Academic Council

and the term of office of its members shall be

prescribed by the Statutes.

20. The Research Council.— The constitu-

tion, powers and functions of the Research

Council shall be prescribed by the Statutes.

21. The Extension Education Council.— The

constitution, powers and functions of the

Extension Education Council shall be

prescribed by the Statutes.

22. The Finance Committee.— The constitu-

tion, powers and functions of the Finance

Committee shall be prescribed by the Statutes.

23. Faculties.— The University shall have

such Faculties as may be prescribed by

the Statutes.

24. The Board of Studies.— The constitution,

powers and functions of the Board of Studies

shall be prescribed by the Statutes.

25. Other authorities.— 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. Power to make Statutes.— Subject to the

provisions of this Act the Statutes may provide

for all or any of the following matters, namely:—

(a) the constitution, powers and functions

of the authorities of the University, as may

be constituted from time to time;

(b) the appointment and continuance in

office of the members of the authorities, the

filling up of vacancies, and all other matters

relating to the authorities for which it may

be necessary or desirable to provide;

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;

(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. Statutes how to be made.— (1) The first

Statutes are those set out in the Schedule.

(2) The Board may from time to time make

Statutes or may amend or repeal the Statutes

referred to in sub-section (1):

Provided that the Board shall not make,

amend or repeal any Statute affecting the

status, powers or constitution of any authority

of the University until such authority has been

given an opportunity of expressing an opinion

in writing on the proposed changes, and any

opinion so expressed shall be considered by

the Board.

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(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. Power to make Ordinances.— (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;

examination;

(d) the award of degrees, diplomas,

certificates and other academic distinc-

tions, 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;

(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.

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29. Regulations.— The authorities of the

University may make Regulations, consistent

with this Act, the Statutes and the Ordinances

for the conduct of their own business and that

of the Committees appointed by them and not

provided for by this Act, the Statutes or the

Ordinances in the manner prescribed by the

Statutes.

30. Annual report.— (1) The annual report

of the University shall be prepared under the

direction of the Board, which shall include,

among other matters, the steps taken by the

University towards the fulfilment of its objects

and shall be submitted to the Board on or

after such date as may be prescribed by

the Statutes and the Board shall consider

the report in its annual meeting.

(2) The Board shall submit the annual

report to the Visitor along with its comments,

if any.

(3) A copy of the annual report as prepared

under sub-section (1) shall also be submitted

to the Central Government, which shall, as

soon as may be, cause the same to be laid

before both the Houses of Parliament.

31. Annual accounts.— (1) The annual

accounts of the University shall be prepared

under the directions of the Board and shall,

once at least every year and at intervals of

not more than fifteen months, be audited by

the Comptroller and Auditor-General of India

or by such persons as he may authorise in

this behalf.

(2) A copy of the annual accounts together

with the audit report thereon shall be

submitted to the Board and the Visitor along

with the observations of the Board.

(3) Any observations made by the Visitor on

the annual accounts shall be brought to the

notice of the Board and 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. Conditions of service of employees.—

(1) Every employee of the University shall be

appointed under a written contract which

shall be lodged with the University and a copy

of which shall be furnished to the employee

concerned.

(2) Any dispute arising out of the contract

between the University and any employee

shall, at the request of the employee, be

referred to a Tribunal of Arbitration consisting

of one member appointed by the Board,

one member nominated by the employee

concerned and an umpire appointed by the

Visitor.

(3) The decision of the Tribunal shall be final,

and no suit shall lie in any civil court in respect

of the matters decided by the Tribunal.

(4) Every request made by the

employee under sub-section (2) shall

be deemed to be a submission to

arbitration upon the terms of this

section within the meaning of the

Arbitration and Conciliation Act,

1996.

(5) The procedure for regulating the work

of the Tribunal shall be prescribed by the

Statutes.

33. Procedure of appeal and arbitration in

disciplinary cases against students.— (1) Any

student or candidate for an examination

whose name has been removed from the rolls

of the University by the orders or resolution of

the Vice-Chancellor, Discipline Committee or

Examination Committee, as the case may be,

and who has been debarred from appearing

at the examinations of the University for more

than one year, may, within ten days of the date

of receipt of such orders or copy of such

resolution by him, appeal to the Board and

the Board may confirm, modify or reverse

the decision of the Vice-Chancellor or the

Committee, as the case may be.

26 of 1996.

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(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. Right to appeal.— Every employee or

student of the University or of a college or

institution maintained by the University shall,

notwithstanding anything contained in this

Act, have a right to appeal, within such time

as may be prescribed by the Statutes, to the

Board against the decision of any officer or

authority of the University or any college or

an institution, as the case may be, and

thereupon the Board may confirm, modify or

reverse the decision appealed against.

35. Provident and pension funds.— (1) The

University shall constitute for the benefit of its

employees such provident or pension fund or

provide such insurance schemes as it may

deem fit in such manner and subject to such

conditions as may be prescribed by the

Statutes.

(2) Where such provident fund

or pension fund has been so

constituted, the Central Government

may, 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. Disputes as to constitution of University

authorities.— If any question arises as to

whether any person has been duly appointed

as, or is entitled to be, a member of any

authority of the University, the matter shall be

referred to the Visitor whose decision thereon

shall be final.

37. Constitution of committees.— Where

any authority of the University is given power

by this Act or the Statutes to appoint

Committees, such Committees shall, save as

otherwise provided, consist of the members

of the authority concerned and of such

persons, if any, as the authority in each case

may think fit.

38. Filling of casual vacancies.— 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.

39. Proceedings of University authorities

not invalidated by vacancy.— No act or

proceedings of any authority of the University

shall be invalid merely by reason of the

existence of a vacancy or vacancies among

its members.

40. Protection of action taken in good

faith.— 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. Mode of proof of University

records.— A copy of any receipt,

application, notice, order, procee-

ding, resolution of any authority or

Committee of the University, or other

documents in possession of the

University, or any entry in any

University, if verified by the

Registrar, shall be received as prima

facie evidence of such receipt,

application, notice, order, procee-

ding, 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.

19 of 1925.

1 of 1872.

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42. Effect of establishment of University.—

(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;

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 commence-

ment 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.

(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

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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. Power to remove difficulties.— (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. Transitional provisions.— Notwith-

standing 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;

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. Repeal of Bihar Agricultural

University Act.— (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

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

orders

appointment on the basis thereof were

passed before the commencement of this

Act, in so far as it relates to Rajendra

Agricultural University, shall, notwith-

standing 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

Bihar Act

8 of 1988.

Bihar Act

8 of 1988.

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concerned authorities take, with the approval

of the Visitor, a decision to the contrary.

46. Statutes, Ordinances and Regulations to

be published in the Official Gazette and to be

laid before Parliament.— (1) Every Statute,

Ordinance or Regulation made under this Act

shall be published in the Official Gazette.

(2) Every Statute, Ordinance or Regulation

made under this Act shall be laid, as soon as

may be after it is made, before each House of

Parliament, while it is in session for a total

period of thirty days which may be comprised

in one session or in two or more successive

sessions, and if, before the expiry of the session

immediately following the session or the

successive sessions aforesaid, both Houses

agree in making any modification in the

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.

—————

THE SCHEDULE

(See section 27)

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

reappointment:

Provided that notwithstanding the expiry of

his term of office, the Chancellor shall continue

to hold office until his successor enters upon

his office.

The Vice-Chancellor:

2. (1) The Vice-Chancellor shall be appointed

by the Visitor from a panel of not less than

three persons who shall be recommended by a

Committee as constituted under clause (2).

(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 reappointment 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

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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 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.

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(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

reappointment:

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

reappointment:

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, coordination and supervision for all

educational programmes in the various Faculties

of the University.

The Director of Research:

6. (1) The Director of Research shall be appointed

by the Board on the 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

reappointment:

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 coordination 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 reappointment:

Provided that the Director of Extension Education

on attaining the age of sixty-five years shall cease

to hold office as such.

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(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 reappointment.

(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:

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).

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;

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

reappointment.

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(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.

(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;

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:

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.

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(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 reappointment.

(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), NITI Aayog;

(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.

(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 institu-

tions 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

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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 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 coordination

and establish or appoint Committee on

academic matters;

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.

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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;

(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

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 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:

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TABLE

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.

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.

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.

Registrar/Comptroller/Librarian

(i) Vice-Chancellor or his nominee—Chairman

(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.

(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:

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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 Professor or Associate Professor

or any other academic post in the University, as

the case may be, on such terms and conditions as

it deems fit, and on the person agreeing to do so,

appoint him to the post.

(2) The Board may appoint a teacher or any other

academic staff working in any other University or

organisation for undertaking a joint project in

accordance with the manner laid down in the

Ordinances.

Appointment for a fixed tenure:

20. The Board may appoint a person selected

in accordance with the procedure laid down in

Statute 18 for a fixed tenure on such terms and

conditions as it deems fit.

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

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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 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:

Provided that no such resolution shall be passed

until a notice in writing has been given to that

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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.

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 undischarged insolvent;

(iii) if he has been convicted by a court of law

of an offence involving moral turpitude and

sentenced in respect thereof to imprisonment

for a period of not less than six months.

(2) If any question arises as to whether a person is

or 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

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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;

(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 reconsideration either in

whole or in part, together with any amendment

which the Board may suggest.

(4) Where the Board has rejected or returned the

draft of an Ordinance proposed by the Academic

Council, the Academic Council may consider the

question afresh and in case the original draft is

reaffirmed by a majority of not less than two-thirds

of the members present and voting and more than

half the total 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

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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.

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) two farmers representatives and one

woman social worker to be nominated by the

Vice-Chancellor for a term of three years—

Members;

(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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

9TH MARCH, 2017

2014

(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 the 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.

———!!!———

Department of Revenue

___

Order

35/2/2013-RD/319

In exercise of the powers conferred by

clause (b) of sub-section (1) of section 9 of the

Indian Stamp Act, 1899 (Act No. 2 of 1899), as

in force in the State of Goa, the Government of

Goa hereby permits the Life Insurance

Corporation of India, Goa Divisional Office,

Panaji (hereinafter referred to as the “LIC

Goa”) to pay a consolidated stamp duty of

Rs. 30.00 lakhs (Rupees Thirty lakhs only)

chargeable on sums to be insured in the

insurance policies issued by its offices in the

State of Goa, with effect from 1st January, 2017

to 31st December, 2017 in lieu of affixing

stamps upon individual insurance policies,

subject to the following conditions, namely:—

(a) In case the stamp duty chargeable

on the insurance policies issued during the

above mentioned period falls short of the

stamp duty consolidated herein and paid to

the Government, the excess consolidated

stamp duty shall be adjusted for the next

calendar year of 2018.

(b) In case the stamp duty chargeable on

the insurance policies issued during the above

period exceeds the stamp duty consolidated

herein and paid to the Government, the

balance amount due towards the stamp duty

shall be paid to the Government Treasury by

LIC Goa latest by the first week of January,

2018.

charged on the sums insured in the insurance

policies issued by the offices of the LIC Goa,

in the State of Goa, during the above period

shall be submitted to the Secretary (Revenue),

Revenue Department, Government of Goa on

or before 30-6-2017.

This issues with the concurrence of the

Finance (Revenue & Control) Department vide

their U. O. No. 1474404 dated 4-1-2017.

By order and in the name of the Governor

of Goa.

Ashutosh Apte, Under Secretary (Revenue-I).

Porvorim, 22nd February, 2017.

————–

Order

35/2/2013-RD/320

In exercise of the powers conferred by

section 9A of the Indian Stamp Act, 1899 (Act

No. 2 of 1899), as in force in the State of Goa,

the Government of Goa, hereby permits the

Life Insurance Corporation of India, Goa

Divisional Office, Panaji (hereinafter referred

to as the “LIC Goa”) to pay a consolidated

stamp duty of Rs. 2.20 (Rupees Two lakhs

twenty thousand only) in lieu of payment of

duty by affixing revenue stamp on the receipts

issued by its offices in the State of Goa, towards

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

9TH MARCH, 2017

2015

payment of premium on Life Insurance Policy

and various other payments made to external

and internal customers viz. staff, agents and

contractors etc., (hereinafter referred to as the

“said receipts”), with effect from 1st January,

2017 to 31st December, 2017 subject to the

following conditions, namely:—

(a) In case the stamp duty chargeable on

the said receipts issued during the above

period falls short of the stamp duty

consolidated herein and paid to the

Government, the excess consolidated

stamp duty shall not be refunded.

(b) In case the stamp duty chargeable

on the said receipts issued during the

above period exceeds the stamp duty

consolidated herein and paid to the

Government, the balance amount due

towards the stamp duty shall be paid to the

Government Treasury by the LIC Goa latest

by the first week of January, 2018.

duty payable on the said receipts issued

by the offices of the LIC Goa, in the

State of Goa, shall be submitted to the

Secretary (Revenue), Revenue Department,

Government of Goa, on or before 30-6-2017.

This issues with the concurrence of the

Finance (Revenue & Control) Department vide

their U. O. No. 1474404 dated 4-1-2017.

By order and in the name of the Governor

of Goa.

Ashutosh Apte, Under Secretary (Revenue-I).

Porvorim, 22nd February, 2017.

———!!!———

Department of Science, Technology &

Environment

___

Notification

1/24/2010/STE-DIR/493

The following notification published in the

Gazette of India is hereby published for

general information of public:—

(1) S.O. 156(E) dated 25-1-2012.

By order and in the name of the Governor

of Goa.

Agnelo A. J. Fernandes, Director/Joint

Secretary (Environment).

Porvorim, 2nd March, 2017.

————

MINISTRY OF ENVIRONMENT AND

FORESTS

New Delhi, the 25th January, 2012

Notification

S.O. 156(E).— Whereas by notification of

the Government of India in the Ministry

of Environment and Forests vide number

S.O. 1533(E), dated the 14th September, 2006

issued under sub-section (1) and clause (v)

of sub-section (2) of Section (3) of the

Environment (Protection) Act, 1986 read with

clause (d) of sub-rule (3) of rule 5 of the

Environment (Protection) Rules, 1986, the

Central Government directed that on or from

the date of its publication, the required

construction of new projects or activities or

the expansion or modernisation of existing

projects or activities listed in the Schedule to

the said notification entailing the capacity

addition with change in process and or

technology shall be undertaken in any part of

India only after prior environmental clearance

from the Central Government or, as the case

may be, by the State Level Environment

Impact Assessment Authority, duly cons-

tituted by the Central Government under

sub-section (3) of Section 3 of the said Act in

accordance with the procedure specified

therein;

And whereas, it has been decided to make

further amendments in the said notification

subsequent to its amendment vide notification

of the Government of India in the Ministry of

Environment and Forests number S.O. 695(E),

dated the 4th April, 2011 relating to the

procedure prescribed for appraisal;

And whereas, clause (a) of sub-rule (3) of

rule 5 of the said Environment (Protection)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 49

9TH MARCH, 2017

2016

Rules provides that, whenever the Central

Government considers that prohibition or

restrictions of any industry or carrying on any

processes or operation in any area should be

imposed, it shall given notice of its intention

to do so;

And whereas, sub-rule (4) of rule 5 of the

said Environment (Protection) Rules provides

that, notwithstanding anything contained in

sub-rule (3), whenever it appears to the

Central Government that it is in public interest

to do so, it may dispense with the requirement

of notice under clause (a) of sub-rule (3);

And whereas, it is expedient in the public

interest to dispense with the requirement of

the provisions of clause (a) of sub-rule (3) of

rule 5 of the Environment (Protection) Rules,

1986;

Now, therefore, in exercise of the powers

conferred by sub-section (1) and clause (v) of

sub-section (2) of Section 3 of the said

Environment (Protection) Act, read with

clause (d) of sub-rule (3) of rule 5 of the

Environment (Protection) Rules, 1986, the

Central Government hereby makes the

following further amendments in the

notification of the Government of India in the

Ministry of Environment and Forests number

S.O. 1533(E), dated the 14th September, 2006,

namely:—

1. In the said notification, in the Appendix

V, for paragraph 3, the following paragraph

shall be substituted, namely:—

“3. where a public consultation is not

mandatory, the appraisal shall be made on

the basis of prescribed application in Form-1

and environment impact assessment report,

in the case of all projects and activities

(other than item 8 of the Schedule), except

in case where the said project and activity

falls under category ‘B2’, and in the case

of items 8(a) and 8(b) of the Schedule,

considering their unique project cycle, the

Expert Appraisal Committee or State Level

Expert Appraisal Committee concerned

shall appraise projects or activities on the

basis of Form-1, Form 1A, conceptual plan

and the environment impact assessment

report [required only for projects listed 8(b)]

and make recommendations on the project

regarding grant of environment clearance

or otherwise and also stipulate the

conditions for environmental clearance.”

[F. No. 3-101/2010-IA.III]

NALINI BHAT, Scientist ‘G’

Note:- The principal notification was published in

the Gazette of India, Extraordinary, Part II, Section 3,

Sub-section (ii) vide notification number S.O. 1533(E),

dated the 14th September, 2006 and subsequently

amended vide notification numbers S.O. 1737(E), dated

the 11th October, 2007; S.O. 3067(E), dated the 1st

December, 2009 and S.O. 695(E), dated the 6th April, 2011.

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