Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983 Complete Act - Bare Act |
State | Maharashtra Government |
Year | 1983 |
MAHARASHTRA AGRICULTURAL UNIVERSITIES (KRISHI VIDYAPEETHS) ACT, 1983 |
MAHARASHTRA AGRICULTURAL UNIVERSITIES (KRISHI VIDYAPEETHS) ACT, 1983 24th August 1983 An Act, to consolidate and amend the law relating to the four Agricultural Universities in Maharashtra WHEREAS it is expedient to consolidate and amend the law relating to the four Agricultural Universities in the State of Maharashtra ; AND WHEREAS it has now been decided to have a common law for the better governance of the four Agricultural Universities in Maharashtra and for more efficient administration and financial control and better organisition of teaching, research and extension education in those Universities ; AND WHEREAS, in accordance with decision aforementioned, it is now found expedient to reconstitute the four Agricultural Universities in Maharashtra to provide better facilities for education in agricultural and allied matters and in particular for the development of agricultural sciences and for carrying out or undertaking such schemes or activities to help and support the Agricultural Development Programs and extension education and such other activities of Government, as the State Government may, from time to time, direct and for matters connected with or incidental to any of the purposes aforesaid; It is hereby enacted in the Thirty-fourth Year of the Republic of India as follows:- CHAPTER 01: PRELIMINARY SECTION 01: SHORT TITLE AND COMMENCEMENTS (1) This Act may be called the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983. (2) It shall come into force on such date" as the State Government may, by notification in the Official Gazette, appoint. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires, - (a) "affiliated college" means a college, which is under the management of any authority other than a University, and is affiliated or deemed to be affiliated to the University ; (b) "agricultural" includes the basic and applied sciences (including technology) relating to soil and water management, crop husbandry (including control of plant, pests and diseases), horticulture, agricultural engineering, animal husbandry, dairying, veterinary, fisheries, marine biology, forestry and also home science, co-operation and marketing relating to agriculture : (c) "constituent College" means a college, which is under the direct management of a University whether located at the headquarters or elsewhere in the University area ; (d) "corresponding University" In relation to an existing University, means the body corporate specified against such existing University in column (2) of the Schedule ; (e) "Department " means a department designated as such by the Statute, with reference to a subject or group of subjects; (f) "existing University " means a University specified in column (1) of the Schedule; (g) "extension education" means the educational activities concerned with the training of the farmers and home makers and other groups serving agriculture, in improved agricultural practices and the various phases of scientific technology related to agriculture and agricultural production and marketing . It includes the work which may be done through meetings, demonstrations and other methods for teaching improved agricultural practices and the training of workers required for the conduct of these educational activities; (h) "Head of Department " means the academic staff member principally responsible for teaching, research and extension education in a Department; (i) "other Backward Classes" means the castes which have been declared as belonging to other Backward Classes or which may be declared hereafter by the State Government as belonging to such Classes, from time to time, by notification in the Official Gazette : (j) "prescribed" means prescribed by the Statutes ; (k) "Principal" means the head of a college, post-graduate center or other recognised institution; (l) "recognised institution" means an institution for research or specialized studies, other than an affiliated or constituent college, and recognised or deemed to be recognised as such by a University and includes any institution for lower agricultural education, such as an agricultural school or gramsevak training center, which is under the direct management of the University, or which is recognised or deemed to be recognised as such by the University; (n) "Schedule" means the Schedule to this act; (o) "Scheduled Castes" means such castes, races or tribes or parts of or groups within, such casts, races or tribes as are deemed to be Scheduled Castes in relation to the State of Maharashtra under Article 341 of the Constitution of India, and for the purposes of this Act, includes Nav-Buddas ; CHAPTER 02: UNIVERSITIES SECTION 03: INCORPORATION OF UNIVERSITIES (1)(a) In relation to each of the existing universities specified in column (1) of the Schedule, with effect from the commencement of this Act, corresponding University specified against it in column (2) of Schedule, with the same name, is hereby constituted under this Act. (b) The Chancellor, the Pro-Chancellor, the Vice-Chancellor, the first members of the Executive Council and the Academic Council of each of the Universities specified in column (2)of the Schedule, and all persons who are deemed to be or may hereafter become or be elected, nominated appointed or co-opted as such Executives , officers or members of the respective University, are hereby constituted and declared to be the successor body corporate, with the same name as specified in column (2) of the Schedule, and with perpetual succession and a common seal and shall by the same sue and be sued. (c) The areas specified against the name of each University in column (3) of the Schedule shall be the University area and the place specified against it in column (4) of the Schedule shall be the headquarters of the University. (2) Notwithstanding anything contained in sub-section (1), the state Government may, at any time, by notification in the Official Gazette, direct that any University shall have its headquarters at the place other than that specified against it in column (4) of the Schedule. (3) Each University shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer or dispose of any movable or immovable property, which vests in or be acquired by it, for the purposes of the University, and do all other things necessary for the purposes of this Act; Provided that no such lease, sale or transfer of immovable property shall be made without the prior consent of the State Government. (4) Notwithstanding anything contained in this Act, having regard to the interest of the State as a whole, the State Government may, by notification in the Official Gazette, entrust any specialised research program in any University area to any other University, even though such a program is not carried on or situated within the area of such University, for such period, and subject to such terms and conditions as may be specified in such notification. SECTION 04: OBJECTS AND MEDIUM OF INSTRUCTION AND EXAMINATION OF UNIVERSITY (1) Each University shall be deemed to be established and incorporated for the following purposes, namely:- (i) providing for education in agriculture and allied sciences and humanities (ii) furthering the advancement of learning and research in agriculture and allied sciences ; (iii) undertaking and guiding extension education programs, including establishment of Krishi Vidnyan Kendras and organising district level farmers Melawas, from time to time, for the improvement and development of the standard of agricultural and agriculturists in the state: (iv) integrating and co -ordinating the teaching of subjects in the different Faculties of the University ; (v) co-ordinating agricultural education, research and extension education activities ; (vi) teaching and examining students in such manner, and conferring such degrees, diplomas, certification and other distinctions , as the University may deem fit; (vii) providing integrated agricultural education activities at al levels for maximum effectiveness and at minimum cost; (viii) such other purposes, not inconsistent with the foregoing provisions of this Act, which the state Government may, by notification in the Official Gazette, specify in this behalf. (2) The University shall endeavor to promote the use of Marathi as the medium of instruction and examination; Provided that, English may be medium of instruction and examination in such subjects, and for such period or periods, as may, from time to time, be prescribed by the Statutes. SECTION 05: ADMISSIONS TO UNIVERSITY AND CONCESSIONS FOR CERTAIN CLASSES Each University shall be open to all persons, who or whose parents have resided in the State of Maharashtra for not less than three years, during the period of ten years immediately preceding the date on which admission is sought, and no person shall be excluded from admission to any degree, diploma, certificate or other academic distinction or course of study on the ground only of religion, race, caste, sex or place of birth or political or other opinion Provided that, the University may, subject to the previous sanction of the State Government, reserve certain seats for purposes of admission as students in any college or institution maintained or controlled by the University for the following classes of persons, namely :_ (i) the Scheduled Castes and Scheduled Tribes : (ii) the Other Backward Classes ; (iii) agriculturists, and those children of agriculturists who posses the prescribed minimum qualification or experience in agriculture; (iv) Persons who and whose parents have not resided in the State at least for three years during the period of the years immediately preceding the date on which admission is sought; (v) children of freedom fighters : (vi) displaced persons as defined in the Maharashtra Resettlement of Project Displaced Persons Act, 1976 and their children. (vii) children of Defence personnel; (viii) students passing qualifying examination from the school or institution situated within a University area Provided further that, the University may, subject to like sanction, also grant to persons falling under all or any of the categories (i), (ii), (iii), (v) and (vi) in the last preceding proviso, exemptions from payment of such fees or boarding, lodging or other charges, or from all fees and charges, or provide for such special scholarships, s it may deem fit. ; Provided also that, nothing[ in this section shall require the University to admit to any course of study any person who does not meet the prescribed academic standards for admission to such course or to retain on the rolls of the University persons whose academic records are below the minimum standards required for the award of a degree or whose personal conduct is such as to be prejudicial to the purposes of the University or to rights and privileges of other students and academic staff members: Provided also that, nothing in this section shall require the University to admit to any course of study, student larger in number than, or with academic or other qualification lower than, those prescribed. Explanation.- For the purposes of this section, "agriculturist" means a person who as an owner or tenant holds agricultural land, and whose main income is derived from personal cultivation of land, and includes any person whose principal means of livelihood is manual Labour on agricultural land. SECTION 06: POWERS AND FUNCTIONS OF UNIVERSITY Subject to the provisions of this Act, each University shall have the following powers and functions, namely:- (i) to provide for instruction in agriculture and allied sciences and in such other branches of learning as the University may deem fit.; (ii) to make provisions for conduct of research and dissemination of the findings or research and technical information through extension education programs (iii) to institute courses of study and to hold examinations for and to confer degrees, diplomas, certificates and other academic distinctions on persons who have.- (a) pursued a course of study as prescribed , or (b) carried out research in the University or in an institution recognised in this behalf by the University as may be prescribed ; (iv) to institute degrees, diplomas, certificates and other academic distinctions ; (v) to confer honorary degrees and other distinctions as may be prescribed ; (vi) to provide lectures and instructions for field workers, farmers and other persons not enrolled as regular students of the University and to grant certificates to them as may be prescribed; (vii) to establish and maintain laboratories, libraries, research stations, institutions, demonstration centres, museums and aquariums for teaching, research and extension education and such other facilities as may be deemed appropriate for University students and employees : (viii) to institute and maintain colleges, schools, centres, home science wings, workshop wings and other institutions relating to agriculture and allied sciences and hostels thereof; (ix) to supervise and control the residence, conduct and discipline of the students of the University and to make arrangements for promoting their health and welfare; (x) to institute teaching, research and extension education posts required by the University and to appoint persons to such posts; (xi) to create administrative, ministerial and other posts and to appoint persons to such posts; (xii) to institute and award fellowships, scholarships and prizes in accordance with the Statutes ; (xiii) to fix, demand and receive such fees and other charges as may be prescribed (xiv) to co-operate with other University and Government Departments in such manner and for such purposes as the University may determine ; (xv) to make provision for consumers' co-operative societies to serve the needs of students and staff of the University and of the colleges and institutions under its control; SECTION 07: DUTIES OF UNIVERSITY TO HELP AGRICULTURAL DEVELOPMENT PROGRAMMES OF GOVERNMENT It shall be the duty of each University to carry put or undertake the production of such breeder and foundation seeds, survey for estimating cost of production of such agricultural commodities, participation in such training and visit systems of extension and such other schemes and activities to help and support the Agricultural Development Programs or activities of Government,, as the Pro-Chancellor, under intimation to the Chancellor may, from time to time, direct the University to carry out or undertake within such period as may be specified in the direction. SECTION 08: FOR FAILURE TO COMPLY DIRECTIONS UNDER SECTION 7, POWER TO RESUME LANDS VESTED IN THE UNIVERSITY If, in the opinion of the state Government, any University does not undertake adequate agricultural production on the lands vested in it, in accordance with the directions issued under section 7, the State Government may, by notice, call upon the University to show cause, within a specified period, why the lands vested in it as specified in the notice, should not be resumed by the Stare Government. After considering the cause, if any, shown by the University, the State Government may, without prejudice to any other action which may be taken under this Act, by order, resume all or any of the lands specified in the notice from the University and carry out or undertake its development programs or activities thereon, whether by itself, or through any agency specified by it in this behalf. SECTION 09: PROHIBITIONS FOR AWARD OF DEGREE, ETC. IN AGRICULTURE, VETERINARY SCIENCE AND FISHERIES BY NON-AGRICULTURAL UNIVERSITY Notwithstanding anything contained in any Act relating to the establishment of any non-agricultural University in the State, no such University shall be competent to award any degrees, diplomas, certificates or other academic distinctions in Agriculture, Veterinary Science and Fisheries. Provided that, nothing in this section or section 40 shall apply to the Yashwantrao Chavan Maharashtra Open University established under sections of the Yashwantrao Chavan Maharashtra Open University Act, 1989 or any institution of higher learning or studies recognised by thai University under clause (xxiii) of sub-section (1) of section 5 of that Act ; and that University shall be competent to award any degrees, diplomas, certificates or other academic distinctions in Agriculture, Veterinary Science and Fisheries. SECTION 10: TRANSFER OF CERTAIN INSTITUTIONS TO GOVERNMENT If, in the opinion of any University any college, research institution, schools, centre, activity or other institution transferred to and vesting in it is surplus to it requirements, the University may request the State Government that the same may be taken over by the State Government. Upon such request, the State Government may, by notification in the Official Gazette, direct that such institution shall, from such date and subject to such terms and conditions (including those relating to the employees serving therein or thereunder) as may be specified in the notification cease to vest in the . University and pass to , and be maintained by, the state Government ; and thereupon all properties and assets and liabilities of the University in relation to such institution shall stand transferred to, and vest in, the State Government . The conditions of service of the employees, if any, transferred to the State Government along with the institution shall not be less favourable than those applicable to them immediately before such transfer. SECTION 11: CHANCELLOR TO CAUSE INSPECTION AND INQUIRY ON VARIOUS MATTERS (1) The Chancellor shall have the right to cause an inspection to be made, by such person or persons or body of persons, as he may direct, of any University,, its buildings, farms, laboratories, libraries, museums, workshops and equipments of any college, institution or hostel maintained, administered or recognised by the University and of the teaching and other work conducted by or on behalf of the University or under its auspices of and of the conduct of examinations or other functions of the University, and to cause to inquiry to be made in like manner regarding any matter connected with the administration or finances of the University. (2) The Chancellor shall, in every case, give due notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall be entitled to appoint a representative, who all have the right to be present and to be heard at the inspection or inquiry. (3) After an inspection or inquiry has been caused to be made, the Chancellor may address the Vice-Chancellor on the result of such inspection or inquiry and the Vice-Chancellor shall; communicate to the Executive Council the views of the Chancellor and call upon the Executive Council to communicate to the Chancellor through him its opinion thereon within such time as may have been specified by the Chancellor. If the Executive Council communicates, its opinion within the specified time limit, after taking into consideration that opinion, or where the Executive Council fails to communicate its opinion in time, after the specified time limit is over, the Chancellor may proceed and advise the Executive Council upon the action to be taken by it, and fix a time limit for taking such action (4) The Executive Council shall, within the time limit so fixed, report to the Chancellor through the Vice-Chancellor the action which has been taken or is proposed to be taken on the advice tendered by him. (5) The Chancellor may, where action has not been taken by the Executive Council to his satisfaction with in the time limit fixed, and after considering any explanation furnished or representation made by the Executive Council, issue such direction, as the Chancellor may think fit, and the Executive Council and other authority concerned shall comply with such directions. (6) Notwithstanding anything contained in the preceding sub-section if at any time the Chancellor is of the opinion that in any matter the affairs of the University are not managed in furtherance of the objects of the University or in accordance with the provisions of this Act and the statutes and Regulation or that special measures are desirable to maintain the standards of University teaching, examinations, research, extension education, administration or finances, the Chancellor may indicate to the Executive Council through the Vice-Chancellor any matter in regard to which he desires an explanation and call upon the Executive Council to offer such explanation within such time as may be specified by him. If the Executive Council fails to offer any explanation within the time specified or offers an explanation which, in the opinion of the Chancellor is not satisfactory , the Chancellor may issue such directions as appear to him to be necessary , and the Executive Council and other authority concerned shall comply with such directions. (7) The Executive Council shall furnish such information relating to the administration and finances of the University as the Chancellor may from time to time require. (8) The Executive Council shall furnish to the State Government such returns or other information with respect to the property or activities of the University as the State government may from time to time require . CHAPTER 03: MAHARASHTRA COUNCIL OF AGRICULTURAL EDUCATION AND RESEARCH SECTION 12: CONSTITUTION OF STATE COUNCIL AND ITS POWERS AND FUNCTIONS CHAPTER 04: OFFICERS OF THE UNIVERSITIES SECTION 13: CLASSIFICATION OF OFFICERS AND STAFF OF UNIVERSITY The personnel of each University shall be classified under one of the following categories (a) Executive Academic officers and other Officers who have the administrative authority and who are designated as such by or under this Act or by the Statutes. (b) Academic staff members who have duties of an academic nature, such as teaching, research and extension education and who hold professional rank of Processor, Associate Professor, Assistant Professor, Lecturer or Demonstrator or the like as may be designated by or under this Act or by the Statues. (c) Ministerial staff members who are in the service of the University and not included in the categories (a) and (b) above. SECTION 14: EXECUTIVES ACADEMIC AND OTHER OFFICERS The following shall be Executive, Academic Officers Other Officers, and Officers declared by Statutes] of each University namely :-(a) Executives (i) The Chancellor. (ii) The Pro-Chancellor, (iii) The Vice-Chancellor. (b) Academic Officers, (iv) The Director of Instruction, (v) The Director of Research, (vi) The Director of Extension education, (vii) The Deans of Faculties, (viii) The Associate Deans. (c) Other Officers (ix) The Registrar. (x) The Comptroller. (xi) The Director of Students' Welfare, (xii) The Librarian. (d) Officers declared by Statutes (xiii) Such other persons as may be declared by the Statutes to be the Academic Officers or other Officers of the University; Provided that, the same person as may be appointed to more than one post in the category of Academic Officers or other Officers or Officers declared by Statutes; Provided further that, in the category of Academic Officers or Other Officers or Officers declared by Statutes, any of the posts may be filled or may not be filled at any time SECTION 15: CHANCELLOR (1) The Governor of Maharashtra, shall be the Chancellor of each of the Universities. (2) The Chancellor shall, by virtue of his office, be the head of the University and shall, when present, preside at any convocation of the University . (3) The Chancellor may call for his information any papers relating to the administration of the affairs of the University and such requisition shall be complied with by the University. (4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor. (5)The Chancellor may, by order in writing, annul any proceeding of any officer or authority of the University, which is not in conformity with this Act, the Statutes or the Regulations, or which is prejudicial to the interest of the University; Provided that, before making any such order, he shall call upon the officer or authority to show cause why such an order should not be made, and if any cause is shown within the time specified by him in this behalf, he shall consider the same. (6) The Chancellor shall exercise such other powers and perform such other duties as are laid down by this Act. SECTION 16: PRO-CHANCELLOR (1) The Minister for Agriculture, Maharashtra State, shall be the Pro- Chancellor of each of the Universities and shall in the absence of the Chancellor preside over the convocation of the University. (2)The Pro-Chancellor may call for his information any papers relating to the administration of the affairs of the University and such requisition shall be complied with by the University. (3) The annual program of work of the University shall be referred to the Pro-Chancellor for his information and any suggestion made by him shall be considered by the Executive Council. (4) He shall also exercise such powers and perform such duties of the Chancellor as the Chancellor may by order in writing delegate to the Pro- Chancellor and such delegation may be subject to such restriction and conditions as may be specified in such order. SECTION 17: VICE-CHANCELLOR (1) The Vice-Chancellor of each University shall be appointed in accordance with the provisions of this sub-section. For the selection of the Vice-Chancellor, the Chancellor shall constitute a Committee of three persons , one of whom shall be the Director- General , Indian Council of Agricultural Research, one person nominated by the Chancellor and one non- official member of the Executive Council of the concerned University nominated by that Executive Council. The Chancellor shall also appoint one of the three as the Chairman of such Committee. The Committee shall prepare a panel of not less than three persons who, in the opinion of the Committee, are suitable to hold the post of the Vice-Chancellor and shall submit this panel to the Chancellor . The Chancellor may select one of the persons from such panel to the post of the Vice-Chancellor and appoint the person to such post. If the Chancellor does not approve any of the persons in the panel or if the person selected by the Chancellor for the post of Vice- Chancellor is not willing to accept the office of the Vice-Chancellor, the Chancellor may require the above-mentioned Committee to prepare a fresh panel. (2) The Chancellor shall proceed to constitute the Committee mentioned in sub-section (I) well in advance of the expiry of the term of any existing Vice-Chancellor. The Committee shall submit a panel of names to the Chancellor within two months of its constitution. If the Committee fails to submit a panel of names within the period of two months, the Chancellor may proceed to appoint any person whom he deems fit to the office of the Vice- Chancellor. (3) The Vice- Chancellor shall be a whole time salaried officer of the University. (4) The Vice-Chancellor shall ordinarily hold office for a term of three years from the date on which he enters upon his office and shall, on expiration of his term of office, be eligible for re-appointment to that office only for a second term. The Chancellor may, by order : - (a) direct that notwithstanding the expiration of his term, the Vice - Chancellor may continue to hold office; or (b) nominate a Director or a Dean of the University or of any other Agricultural University in the State or any other person to hold the office of the Vice-Chancellor for such term not exceeding six months in the aggregate, as he may specify from time to time in his order: Provided that, the Vice-Chancellor, so continuing, or the Director, Dean or other person so nominated to hold office of the Vice-Chancellor, shall cease to hold such office on the date on which the person appointed as Vice- Chancellor in accordance with the provisions of sub-section (1) enters upon his office. (4A) No person shall hold, or continue to hold, the office of Vice- Chancellor after he attains the age of sixty-five years. (4B) For the removal of doubt, it is hereby declared that, notwithstanding anything contained in this Act or the terms of any contract of service or the term of office of any person who, on the date of commencement of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) (Amendment) Act, 1989, continues to hold the office of the Vice-Chancellor of any University:- (a) after having completed three years or more in such office or attained the age of sixty -five years ; or (b) completes three years in such office after the date of such commencement, shall cease to hold such office on the date of such commencement or, as the case may be, on the date of completion of three years in such office, and accordingly such person shall be deemed to have vacated such office on the respective such date and such office shall be deemed to be vacant on such date. (5) The Vice-Chancellor may, after giving three months' notice, resign his office, by tendering his resignation in writing to the Chancellor. The resignation shall take effect on its acceptance by the Chancellor. SECTION 18: POWERS AND DUTIES OF VICE-CHANCELLOR (1) The Vice-Chancellor shall be the principal executive of the University. He shall, in the absence of the Chancellor and Pro-Chancellor preside at any convocation of the University. He shall be also an ex-officio member and Chairman of the Executive Council and the Academic Council. (2) The Vice-Chancellor shall exercise general control over the affairs of the University and shall be responsible for the due maintenance of discipline in the University. (3) The Vice-Chancellor shall have power to convene meeting of the Executive Council and the Academic Council. (4) It shall be the duty of the Vice-Chancellor to ensure that the provision of this Act and the statutes and the Regulations are faithfully observed, and he shall have all powers necessary for this purpose. (5) The Vice-Chancellor shall be responsible for the proper administration of the University including financial administration and for close co-ordination and integration of teaching, research and extension education programs. (6) The Vice-Chancellor shall be responsible for prompt and proper implementation, by the University and its authorities and officers, of the direction issued by the Pro-Chancellor under section 7, and by the State Council under section 12, form time to time , and he shall have and exercise all the powers necessary for this purpose, notwithstanding anything contained in this Act or in the statues and regulation made or deemed to be made under this Act. (7) The Vice-Chancellor shall manage, through appropriate officers and staff members, the colleges, departments, institutions of specialised studies, laboratories, libraries, museums, hostels and schools maintained by the University, both at the headquarters and outside. (8) The Vice-Chancellor may call for reports from the colleges, recognised institutions and hostels on all activities of the University, as he deems necessary for the proper functioning of the University. (9) The Vice-Chancellor shall supervise and control the residence, conduct and discipline of the students of the University. He shall also make arrangements for promoting their health and general welfare, in consultation with such committee as may be prescribed. (10) The Vice-Chancellor shall have power to appoint such employees of the University as provided in this Act or in the Statutes. (11) The Vice-Chancellor shall be responsible for the presentation of the annual accounts and the balance-sheet in time to the Executive Council. (12) The Vice-Chancellor shall hold, control and administer the property and accounts of the University. (13) The Vice-Chancellor shall administer the funds placed at the disposal of the University for specific purposes. (14) The Vice-Chancellor shall make provisions within means available to him and in accordance with the finical estimates sanctioned by the State Council under section 52 for buildings, premise, apparatus and other means needed for carrying on the work of the University. (15) The Vice- Chancellor shall, with the concurrence of the Executive Council, enter into, vary, carry out, or cancel contracts on behalf of the University in exercise of performance of the powers and duties assigned to it by or under this Act and the statutes, on SECTION 19: REGISTER (1) The Registrar of each University shall be whole-time salaried officer of the University. He shall be an officer appointed by the State Government on deputation, for such period as the State Government may from time to time, fix. His terms and conditions of service shall be such as the State Government may determine. (2) The Registrar shall be responsible for the due custody of the records and the common seal of the University. He shall be exofficio Secretary of the Executive Council and the Academic Council and shall be bound to place before them all available information of the business. He shall receive applications for entrance to the University and shall keep a permanent record of all courses, curricular and other information as may be necessary. (3) The Registrar may by writing under his hand addressed to the Vice- Chancellor resign his office. The resignation shall be delivered to the Vice- Chancellor ordinarily sixty days prior to the date on which the Registrar wishes to be relieved of his office, but the Executive Council may relieve him earlier. The resignation shall take effect from the date of relief. (4) In the temporary absence of the Registrar on leave for whatever reasons or until the vacancy caused in any other manner is filled, the Vice- Chancellor shall appoint any suitable person temporarily for period not exceeding three months to act as the Registrar. (5) The Registrar shall be responsible for maintaining a permanent record of the academic performance of students of the University including the courses taken, grades obtained, degrees awarded ,prizes or other distinctions won and any other items pertaining to the academic performance of the students. (6) The Registrar shall exercise such other powers and perform such other duties as are laid down under this Act or may be conferred or imposed on him by the statutes or by the Vice-Chancellor. SECTION 20: COMPTROLLER (1) The Comptroller of each University shall be a whole-time salaried officer of the University. He shall be an officer belonging to the Indian Audit and Accounts Service or the Maharashtra Finance and Accounts Service appointed by the state Government on deputation, for such period as the state Government may, form time to time, fix. his terms and conditions of service shall be such as the State Government may determine . (2) The Comptroller shall, under the general supervision and control of the Vice-Chancellor, hold and manage the property and investments of the University and shall advise the University as regards its financial policy. (3) The Comptroller shall - (a) ensure that no expenditure, not authorised in the budget, is incurred by the University ; (b) be responsible for ensuring that the expenditures are made as authorised in the budget; when any budget revisions are required in the interest of expediting new programs, changed requirements or any other reasons, he shall be responsible for preparing the needed revisions and expediting their approval by the concerned authorities; (c) disallow any expenditure, which may contravene any provision of this Act or any Statutes made thereunder or for which provision is required to be made by or under this Act or any such Statute; (d) propose to the Executive Council that explanation be called for unauthorised expenditure or other financial irregularities in any particular case and recommend disciplinary action against the persons at fault. (4) The comptroller may by writing under his hand addressed to the Vice- Chancellor resign his office. The resignation shall be delivered to the Vice- Chancellor ordinarily sixty days prior to the date on which the Comptroller wishes to be relieved of his office, but the executive Council may relieve him earlier. The resignation shall take effect from the date of relief. (5) The comptroller shall exercise such other powers and perform such other duties as are laid down by or under this Act or may be conferred or imposed on him by the Statues or by the Vice- Chancellor. SECTION 21: DEAN OF FACULTIES -A SALANED OFFICER (1) The Dean of each Faculty of each University shall be a whole- time salaried officer of the University and shall be appointed by the Vice- Chancellor on the recommendation of the Selection Committee constituted under section 58. (2) The Dean of each Faculty shall be the chief executive and Academic officer of the faculty responsible to the Vice- Chancellor for its administration. SECTION 22: DUTIES OF DEAN OF FACULTY (1) The Dean of each Faculty shall be responsible for the organisation and conduct of teaching, research and extension education work of the Department included in the Faculty, and for that purpose shall pass such orders as may be necessary in consultation with the Head of Department concerned. (2) The Dean shall look into and be responsible for the due observance of the Statues and Regulations relating to the Faculty. (3) He shall preside over the meetings of the Faculty (4) He shall formulate and present policies to the Academic Council for its consideration. (5) He shall make reports to the vice- Chancellor on the work of the different departments of the Faculty (6) He shall supervise the registration and progress of the students in the colleges of the Faculty. (7) He shall be responsible to the Vice- Chancellor for the proper use of buildings assigned to the colleges, schools and research institution and of the equipment thereof. (8) He shall prepare the budgets in consultation with the appropriate officers and staff members in the technical area. (9) Each Dean shall have such other powers and perform such other duties as are laid down by or under this Act and as may be prescribed. SECTION 23: DIRECTOR OF INSTRUCTION - WHOLE TIME SALARIED PERSON (1) The director of Instruction of each University shall be a whole- time salaried officer of the University and shall be appointed by the Vice- Chancellor on the recommendation of the selection committee constituted under section 58. (2) The Director shall work directly under the Vice- Chancellor and shall be responsible for the due performance of functions of the colleges and other teaching institutions and shall co-ordinate and guide education in all the constituent and affiliated colleges of the University in close co-operation with the Deans of Faculties and other officers. (3) The Director shall exercise such other powers and perform such other duties as are laid down by or under this Act and as may be prescribed. SECTION 24: DIRECTOR OF RESEARCH WHOLE TIME SALARIED (1) The Director of Research of each University shall be a whole time-salaried officer of the University and shall be appointed by the Vice- Chancellor on the recommendation of the Selection Committee constituted under section 58 . (2) The Director of Research shall work directly under the Vice- chancellor and shall be responsible for the due performance of function of the research stations all over the University area and shall co-ordinate all research of the University in close cooperation with the Deans of Faculties and other officers. (3) The Director shall exercise such other powers and perform such other duties as are laid down by or under this Act and as may be prescribed. SECTION 25: DIRECTOR OF EXTENSION EDUCATION (1) The Director of extension education of each University shall be a whole-time salaried officer of the University and shall be appointed by the Vice- Chancellor on the recommendation of the Selection Committee constituted under section 58 . (2) The Director shall work directly under the Vice- Chancellor and shall be responsible for the co-ordination of all extension education programs of the University in close co-operation with the Deans of Faculties and other officers. (3) The Director shall exercise such other powers and perform such other duties as are laid down by or under this Act and as may be prescribed. SECTION 26: DIRECTOR OF STUDENT'S WELFARE - WHOLE TIME, SALARIED EMPLOYEE (1) The Director of Students' Welfare of each University shall be a whole-time salaried officer of the University and shall be appointed by the Vice- Chancellor on the recommendation of the Selection Committee constituted in accordance with the provision of the statues made in that behalf. (2) The Director shall work directly under the Vice-Chancellor and shall be responsible for handing all affairs connected with the students, such as accommodation, scholarship and freeship opportunities, medical facilities, extracurricular activities liaison between students and teachers, students counseling, job opportunities, placement of graduates and their other problems. (3) The Director shall exercise such other powers and perform such other duties as are laid down by or under this Act and as may be prescribed. SECTION 27: ASSOCIATE DEAN WHOLE-TIME, SALARIED EMPLOYEE (1) The Associate Dean shall be a whole-time salaried officer of the University and shall be appointed by the Vice-Chancellor on the recommendation of the Selection Committee constituted under section 58. (2) The Associate Dean shall be responsible for conducting teaching, research and extension education programs at all levels within the limits of the prescribed region and shall also be the Principal of a constituent college. (3) The Associate Dean shall exercise such other powers and perform such other duties as are laid down by or under this Act and as may be prescribed. SECTION 28: POWER TO DETERMINE CONDITIONS OF UNIVERSITY EMPLOYEES Subject to the provisions of this Act, the designations, qualifications, method of recruitment, pay, allowances and other conditions of service of all employees of each University and their powers and duties shall be such as may, from time to time, be determined by the Statues and Regulations. CHAPTER 05: AUTHORITIES OF THE UNIVERSITIES SECTION 29: AUTHORITIES OF UNIVERSITY The following shall be the authorities of each university, namely :- (i) the Executive Council, (ii) the Academic Council, (iii) the Faculties, (iv) the Boards of Studies, (v) such other bodies of the University as may be declared by the Statutes to be the authorities of the University. SECTION 30: EXECUTIVE COUNCIL MEMBERS (1) The executive Council of each University shall be the executive authority of the University and shall consist of the following members, namely :- (i) The Vice-Chancellor Ex-officio Chairman. (ii) The Director of Agriculture or an Additional Director of Agriculture. (iii) The Director of Animal Husbandry or his nominee, not below the rank of joint Director of Animal Husbandry. (iv) The Director of Horticulture or his nominee, not below the rank of joint Director of Horticulture. (v) The Chief Conservator of Forests or his nominee, not below the rank of Conservator of Forests. (vi) One Director (Instruction, Research or Extension Education) of the University to be nominated by the Vice- Chancellor, by rotation. (vii) One Dean to be nominated by the Vice- Chancellor, by rotation. (viii) One eminent agricultural scientist, with adequate experience of active research, to be nominated by the Chancellor, in consultation with the Vice Chancellor,. (ix) Three progressive farmers to be nominated by the Pro- Chancellor,. (x) One representative from the Indian Council of Agricultural Research. (xi) One Agro-Industrialist to be nominated by the State Government. (xii) Three members of the Maharashtra Legislative Assembly elected by the Assembly, from amongst its members. (xiii) two members of the Maharashtra Legislative Council elected by the Council, from amongst its members. (xiv) The chairman of Agriculture committees of two Zilla Parishads in the University area to be nominated by the Pro- Chancellor,. (1A) The Registrar shall be ex-officio Secretary of the Executive council. (2) (a) A member who is a representative of the Indian Council of, Agricultural Research or who is nominated by the Chancellor, or who, being an Agro -Industrialist, is nominated by the State Government , shall hold office for three years. (b) A member elected by the Maharashtra Legislative Assembly or the Maharashtra Legislative Council shall cease to be a member of the Executive Council as soon as he ceases to be a member of the electing body. (c) The Chairman of the Agricultural Committee of any Zilla Parishad who becomes a member of the Executive Council under clause (xiv) of sub -section (1) shall cease to be a member of the Executive Council as soon as he ceases to be chairman of the said committee or on the expiry of the period of one year from the date of his appointment to the Executive Council, whichever is earlier. SECTION 31: POWERS AND DUTIES OF EXECUTIVE COUNCIL Subject to such conditions as may be laid down by or under this Act or by the Statutes and subject to the superintendence of the State Council, the Executive council shall exercise the following powers and perform the following duties, namely :- (i) to outline broadly what programs the University should have ; (ii) to discuss and review the annual report of the University and make suggestions thereon ; (iii) to consider and frame the annual financial estimates of the University and make suggestions thereon; (iv) with the approval of the State Government, to borrow, on the security of University property, moneys for the purposes of the University; (v) to accept, subject to the statutes, on behalf of the university, bequests, donations and transfers of any movable and immovable property to the University (vi) to transfer any movable or immovable property on behalf of the University; (vii) to establish and maintain constituent colleges, department, hostels, research stations, farms, schools, libraries, laboratories and demonstration centres, and other facilities for students and employees. (viii) to manage and regulate the finances, accounts and investments of the university ; (ix) to fix, demand and receive payment of such fees and other charges as may be prescribed; (x) to make provision for instruction , teaching and training in such branches of learning and courses of study as it may think fit, for conduct of research and for the advancement and dissemination of knowledge; (xi) to grant affiliation to colleges and post-graduate institutions . (xii) to approve the academic standards in affiliated colleges and recognised institutions and ensure the observance thereof; (xiii) to recognise institutions of higher learning and research and withdraw recognition thereof; (xiv) to make provisions for - (a) extension education of rural people. (b) inservice training of the Staff of the University, the concerned department of Government and the Zilla Parishads, (c) physical and military training, (d) sports and athletic clubs. (e) student's welfare ; SECTION 32: MEETING OF EXECUTIVE COUNCIL (1) The Executive Council shall meet once in every two months , or more often as may be considered necessary, and on such dates as may be fixed by the Vice-Chancellor. All meeting of the Council shall be held at headquarters of the University, but, with the previous approval of the Chancellor, any meeting may be held at any other place. (2) When a date has been fixed for the meeting of the Executive Council by the Vice-Chancellor, under sub-section (1), the Registrar shall give ten clear day's notice in writing to the members of the Council of such meeting. SECTION 33: ACADEMIC COUNCIL AS ADVISORY BODY (1) The Academic Council of each University shall serve as an advisory body of the University and shall have the right to advise the Vice- Chancellor, and the Executive Council on all academic, research and extension education matters. (2) The Academic Council shall consist of the following members, namely :- (i) The Vice-Chancellor, - Ex-officio Chairman, (ii) The Director of Instruction, (iii) The Director of Research, (iv) The Director of Extension Education, (v) The Director of Students' Welfare, (vi) The Deans of Faculties, (vii) The Associate Deans, (viii) The Principals of affiliated colleges and recognised institutions, (ix) The Heads of Department of the Faculties, (x) The Chief Research Officers in charge of research stations, (xi) The Chief Extension Education Officers, (xii) One academic staff member from each Faculty, other than the Head of the Department, elected by the Faculty. The Registrar shall be ex-officio Secretary of the Academic Council. (3) The Academic Council may co-opt as members not more than four persons, for such period and in such manner, as may be prescribed, so as to provide adequate representation of different aspects of agriculture and such co-opted members shall have the right to take part in the proceedings of the Council and also to vote like any other members of the Council. (4) The Academic Council shall meet at least once before the beginning of each trimester or semester. SECTION 34: POWER AND DUTIES ACADEMIC COUNCIL (1) Subject to such conditions as may be laid down by or under the provisions of this Act or the Statues, the Academic Council shall study and make recommendations on the courses of study, curricula, conduct of teaching, research and extension education within the University and the maintenance of the standard there of. (2) Without prejudice to the generality of the foregoing provisions, the Academic Council shall exercise the following powers and the following duties, namely :- (i) to make proposals for establishment of colleges, departments research stations , libraries, laboratories, demonstration stations and such other activities necessary in the interest of agricultural improvement; (ii) to make recommendations to the executive Council for the institution of posts of Academic Officers specified in section 14, Professorships, Associate Professorships, Assistant Professorships, Lecturerships, Demonstrat -orships and posts at research stations including extension education and in regard to their qualification, duties, emoluments and other conditions of service ; (iii) to formulate, modify and revise schemes for the constitution or reconstitution of Department of teaching, research and extension education ; (iv) to make Regulations relating to courses of study leading to degrees, diplomas and certificates in consultation with the Faculty and Board of Studies concerned ; (v) to make Regulation regarding the admission of students to the University; (vi) to make Regulation regarding the examinations conducted by the University and the conditions on which the students shall be admitted to such examinations; (vii) to make recommendations to the Executive Council regarding postgraduate teaching, research and extension education ; (viii) to make proposals for allocating subjects to the different Faculties; (ix) to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under the provisions of this Act and the Statues. SECTION 35: FACULTIES (1) Each University shall constitute all or any of the following Faculties and such other Faculties as may be constituted by the statutes, from time to time :- (i) Agriculture (including Agricultural Economics and Animal Husbandry), (ii) Veterinary Science, (iii) Agricultural Technology, (iv) Agricultural Engineering, (v) Home Science, (vi) Basic Sciences and Humanities, (vii) Post-Graduate Studies, (viii) Lower Agricultural education, (ix) Fisheries (including Marine Biology), (x) Forestry, The subjects comprising each faculty shall be determined by the Statues. (2) Each Faculty shall, subject to the recommendations of the Academic Council and the approval of the Executive Council, have charge of the teaching courses of study , the research work and the extension education programs in various disciplines. (3) There shall be a Dean of each Faculty. He shall be the Chief Academic Officer of the Faculty, responsible for the due observance of the Statutes and Regulations. He shall be ex-officio chairman of the Faculty. (4) Each Faculty, other than the Lower Agricultural Education Faculty, shall consist of- (i) Dean of the Faculty - ex-officio Chairman, (ii) The Associate Dean of the Faculty, (iii) The Heads of Department (iv) One Professor of each Department, other than the Head of the Department, to be elected by the academic staff members of the Department, (v) The Chief Research Officers, (vi) The Chief Extension Education Officers, SECTION 36: POWER AND DUTIES OF FACULTIES Subject to the powers of the Academic Council of taking decisions, the faculties may consider and make recommendations to the Academic Council on all administrative and technical maters. As far as possible, the Academic Council shall be guided by the relevant Faculty in its decision. Barring the policy matters, the Dean of each Faculty shall take action on the resolutions adopted by the Faculty, but under intimation to the Vice-Chancellor,. Each Faculty may constitute such Boards of Studies, for such subjects, consisting of such members, for such period and in such manner, as may be prescribed. The other powers and duties of the faculties shall be such as may be prescribed. CHAPTER 06: STATUTES AND REGULATIONS SECTION 37: STATUTES Subject to the pro visions of this Act, the Statutes may provide for all or any of the following matters, namely:- (a) the constitution, powers and duties of the authorities of the University, and the declaration of other bodies to be such authorities ; (b) the [X X X X ]other conditions of service of the Vice- Chancellor and his powers and duties ; (c) the designations, qualifications, method of recruitment pay, allowances and other conditions of service of various categories of employees of the University, and their powers and duties ; (d) the constitution, reconstitution of abolition of Faculties and their powers and duties; (e) the establishment of Department of Teaching in the faculties ; (f) the institution of pension or provident fund or insurance scheme, or all or any one or more of them, for the benefit of employees of the University ; (g) the designations, qualifications, method of recruitment, pay, allowances and other conditions of service of Professors, Associate Professors, Assistant Professors, Lecturers, Demonstrators and other categories of employees of affiliated colleges and recognized institutions, and their powers and duties; (h) registration of graduates and maintenance of a register of registered graduates; (i) recognition of examinations of other Universities or educational institutions, as equivalent to the examinations of the University ; (j) any matter which is to be or may be prescribed under this Act; (k) any other matter which is necessary to give effect to the provisions of this Act. SECTION 38: STATUTES HOW MADE (1) The Executive Council of each University shall make new Statues in conformity with the provisions of this Act and submit them to the Chancellor for his assent within three months of the commencement of this Act. (2) The Executive Council may make Statutes or may amend or repeal the Statutes, from time to time, in the manner hereafter in this section provided. (3) The Executive Council may take into consideration the draft of a Statute either of its own motion or on a proposal by the Vice-Chancellor ; Provided that any Statutes pertaining to the academic matters shall be examined by the Academic Council, before they are considered by the Executive Council. (4) Every Statute passed by the Executive Council shall be submitted to the Chancellor, who may give or with hold his assent thereto or refer it back to the Executive Council for reconsideration. (5) No Statue passed by the Executive Council shall be valid or shall come into force until assented to by the Chancellor. (6) Notwithstanding anything contained in this section, if in the opinion of the State Government, it is necessary to amend any Statute or make a new Statute, the State Government may, with the concurrence of the Chancellor, make an amendment in the Statute or make a new Statue and notify it in the Official Gazette. SECTION 39: REGULATIONS (1) The Executive Council, the Academic Council and the Faculties may make Regulations, consistent with this Act and the Statues made thereunder, for all or any of the following matters :- (a) laying down the procedure to be observed at their meetings (including the quorum required) and the conduct of their business ; (b) providing for the matters which by this Act or the Statutes have to be provided by regulations ; (c) providing for all matters solely concerning such authorities or for matters for which provisions is, in the opinion of such authorities, necessary for the exercise of their powers and performance of their duties under this Act or the Statutes. (2) Each authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meeting and of the business to be considered at meetings and for keeping of a record of the proceedings of the meetings. (3) The Academic Council may, subject to the provisions of the statues, and approval of the Executive Council, make Regulations providing for courses of study, system of examinations and degrees and diplomas of the University, after receiving drafts of the same from the Faculty concerned. (4) Any draft of the regulations received from the Faculty may be approved by the Executive Council with or without any modification, or may be rejected by the Executive Council or may be returned by it to the Faculty for further consideration , together with the suggestions of the Academic Council. (5) The Executive Council may direct the amendment, in such manner as it may specify, of any Regulation made by any authority under this section or the annulment of any such Regulation, so however that any such amendment or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that Regulations. CHAPTER 07: AFFILIATION AND RECOGNITION SECTION 40: AFFILIATION OF COLLEGES AND INSTITUTIONS (1) After the commencement of this Act, no college or other educational institution in the University area giving instructions at the degree or diploma level in the field of agricultural shall be associated in any way with, or seek admission to any privileges of any University, other than the University established under this Act for that area. (2) Where an affiliated college desires to become a constituent college, the college shall send a letter of application to the Registrar, with its terms and conditions, if any, such application shall be considered by the Executive Council, and such Council shall recommend to the State Government whether such application should be granted or refused, and if the application be granted subject to what terms and conditions as may be mutually agreed upon between the College and the University, The State Government may after such inquiries as appears to it to be necessary, grant or refuse the application, subject to such modifications, if any, as it may deem fit to make in the terms and conditions recommended by the Executive Council . If the application is granted, the college shall be a constituent college and shall be taken under direct management by the University, on and from such date as may be specified in this behalf by the State Government by notification in the Official Gazette. SECTION 41: RECOGNITION OF INSTITUTIONS OF RESEARCH AND SPECIALISED STUDIES AND OF LOWER AGRICULTURAL EDUCATION (1) The Executive Council shall have the power to recognise any institution of research or specialised studied under the management of any authority other than the University as recognised institution for the purpose of providing means of instruction and research to meet partially, the requirement of the University for advanced degrees. (2) An institution applying for recognition under this section shall send a letter of application to the Registrar and shall give full information in such letter in respect of the following matters :- (a) constitution and personnel of the managing body. (b) subjects and courses in regard to which recognition is sought. (c) accommodation, equipment and the number of students for whom provision has been or is proposed to be made; (d) the strength of the staff, their qualifications and salaries and the research work done by them; (e) fees levied or proposed to be levied and the financial provision made for capital expenditure on buildings, lands and equipment and for the continued maintenance and efficient working of the institution. (3) On receipt of a letter under sub-section (2), the Executive Council shall:- (a) direct a local inquiry to be made by a competent person authorised by it in this behalf; (b) make such further inquiry as may appear to it to be necessary ; (c) record its opinion, after consulting the Academic Council, on the question whether the application should be granted or refused, either in whole or in part, stating the results of any inquiry under clauses (a) and (b). (4) The Executive Council shall also have power to recognise any institution for lower agricultural school or gramsevak training center under the management of any authority other than the University, as recognised institution for the purpose of providing means of instruction in lower level education in agricultural and allied activities. The procedure prescribed in sub-section (2) and (3) for applying for and granting or refusing to grant recognition to any institution of research or specialised studies shall apply mutatis mutandis for applying for and for granting or refusing recognition to any institution for lower agricultural education. SECTION 42: INSPECTION OF COLLEGES AND INSTITUTIONS AND REPORT (1) Every affiliated colleges and recognised institution shall furnish such report, returns and other information as the Executive Council may require to enable it to Judge the efficiency and necessity of the college or institution, with respect to the University requirements . (2) The Executive Council shall cause every such college or institution to be inspected from time to time by one or more competent persons authorised by the Executive Council in this behalf. (3) The Executive Council may call upon any affiliated college or recognised institution so inspected to take, within a specified periods, such action as may appear to it to be necessary in respect of any of the matters referred to in the last two preceding sections. SECTION 43: WITHDRAWAL OF AFFILIATION (1) The rights conferred on college by affiliation may be withdrawn, in whole or in part, or modified if the college has failed to carry out any of the provisions of sub-section (2) of section 40 or it has failed to observe any of the conditions of its affiliation or it is conducted in a manner which is prejudicial to the interests of agricultural education. (2) A motion for the withdrawal or the modification of such rights shall be initiated only in the Academic Council. The member of the Council who intends to move such a motion shall give notice of it and shall state in writing the grounds on which it is made. (3) Before taking the said motion into consideration the Academic Council shall send a copy of the notice and written-statement mentioned in sub-section (2) to the Principal of the college concerned together with an intimation that any representation in writing submitted within a period specified in such intimation on behalf of the college will be considered by the Academic Council. Provided that, the period so specified may, if necessary , be extended by the Academic Council; (4) On receipt of the representation or on the expiry of the period referred to in sub-section (3), the Academic Council, after considering the notice of motion, statement and representation and after such inspection by any person authorised in this behalf by the Academic Council as it deems fit, shall consider the action to be taken in the matter. If the Academic Council considers that action should be taken for withdrawal of affiliation, in whole or in part , the Academic Council shall pass a resolution for that purpose, stating the grounds for such withdrawal, and make a recommendation to effect to the Executive Council. (5) On receipt of such recommendations by the Academic Council, the Executive Council may, after such further inquiry as may appear to it to be necessary, decide whether the affiliation should be withdrawn or not and whether in whole or in part. SECTION 44: WITHDRAWAL OF RECOGNITION (1) The rights conferred on an institution by recognition may be withdrawn or suspended for any period by the Executive Council, if the institution has failed to observe any of the conditions of its recognition, or the institution is conducted in a manner which is prejudicial to the interests of agricultural education or research. (2) A motion for such withdrawal or suspension shall be initiated only in the Academic Council. The member of the Council who intends to move such a motion shall give notice thereof and shall state in writing the grounds on which it is made. (3) Before taking the said motion into consideration, the Academic Council shall send a copy of the notice and written statement mentioned in sub-section (2) to the Head of the institution concerned, together with the intimation that any representation, in writing submitted within a period specified in the intimation, on behalf of the institution will be considered by the Academic Council; Provided that the period so specified may, if necessary, be extended by the Academic Council. (4) On receipt of the representation or on the expiry of the period referred to in sub-section (3), the Academic Council, after considering the notice of motion, statement and representation, shall consider the action to be taken in the matter. If the Academic Council considers that action should be taken for withdrawal or suspension of recognition, the Academic Council shall pass a resolution for that purpose, stating the grounds for such withdrawal or suspension, and make a recommendation to that effect to the Executive Council. (5) On receipt of such recommendation by the Academic Council, the Executive Council may, after such further inquiry as may appear to it to be necessary, decide whether the recognition should be withdrawn or be suspended for a specified period. CHAPTER 08: TEACHING, RESEARCH AND EXTENSION EDUCATION SECTION 45: COLLEGES AND OTHER INSTITUTIONS OF UNIVERSITY WITHIN THE UNIVERSITY CAMPUS (1) Each University shall establish at its headquarters, within the University campus, all or any of the following colleges and such other institutions in close juxtaposition and a central experiment station for fundamental and applied research in close proximity :- (i) A College of Agricultural (including Agricultural Economics and Animal Husbandry). (ii) A College of Veterinary Science. (iii) A College of Agricultural Technology. (iv) A College of Agricultural Engineering. (v) A College of Home Science. (vi) A College of Basic Sciences and Humanities. (vii) An Institute of Post-Graduate Studies. (2) Besides the University Campus, the program of the University may be conducted at such college, institutions or other places in any part of the University area as the University may decide. (3) The University shall provide for under-graduate as well as postgraduate training and shall ensure for the economy and efficiency in teaching and research by gradually integrating the curricula of the colleges. (4) The Post-graduate teaching and research shall, as far as possible, be conducted at the Institute of Post-Graduate Studies. SECTION 46: ACADEMIC STAFF MEMBERS OF UNIVERSITY Each academic staff member of the University shall hold the rank of a Professor, Associate Professor, Assistant Professor, Lecturer or Demonstrator or any other prescribed rank in harmony with his qualification and status in the University, irrespective of the duties of teaching, research or extension education, for the time being allotted to him. SECTION 47: TEACHING PROGRAMME (1) The constituent and affiliated colleges and recognised institutions of the University shall have a common pattern of teaching and organisation as may be directed by the University, from time to time. (2) The University shall according to need establish additional colleges and institutions to serve the requirements of the various Faculties. (3) the University shall according to need start additional training centres or close down, either permanently or temporarily, any of the training institutions or classes under its control as it may consider appropriate. SECTION 48: RESEARCH PROGRAMME (1) The University shall establish a research service. The research and experiments stations of the University shall be conducted by it as constituent research institutions in such manner and with such suitable changes as the University may consider appropriate. (2) The University shall establish regional research stations at the existing agricultural college and shall according to need establish such additional experimental stations for research, both fundamental and applied, at suitable places in the University area as the University may consider appropriate. (3) The University may at any time close down, curtail or expand, either permanently or temporarily, any of the research stations as the University may think appropriate. SECTION 49: EXTENSION EDUCATION PROGRAMME The University shall establish an agricultural extension education service, and shall, subject to the provisions of this Act and the Statues, make useful information, based upon the findings of research available, to the farmers and other people in the rural areas to help to solve their problems. It shall conduct demonstration and training programs for the benefit of the students, extension workers, cultivators and other rural people, by establishing regional extension education units at the existing Agricultural colleges. Increased agricultural production shall be the principal objectives of all extension activities and these activities shall be co-ordinated with the other functions of the University and other appropriate agencies in the University area. SECTION 50: CO-ORDINATION OF TEACHING RESEARCH AND EXTENSION EDUCATION AND INTEGRATION OF FUNCTIONS AND CURRICULAR AND OF SERVICES (1) In consultation with the appropriate officers of the University, the Vice-Chancellor shall be responsible for taking such steps as may be necessary for the full co-ordination of teaching, research and extension education activities of the University. (2) The Vice-Chancellor shall be responsible, working through the appropriate officers and staff of the University, for ensuring that conditions are established where by there is maximum feasible progress in the development of new information and technology in the natural, physical and social sciences related to agriculture and their transfer to the teaching curricular and to the educational pogroms leading to their understanding and adoption, where applicable in practice, in the University area. (3) The Vice-Chancellor shall be responsible , working through the appropriate officers and staff of the University, to ensure that there is an appropriate interrelation of the different curricular and courses offered in the different faculties of the University , so as to avoid unnecessary duplication of functions between faculties and provided the Students with the post course offerings and faculty contracts feasible within the University's resources and talents. (4) The University shall develop its program of research and extension education, keeping in view the needs of the State in general and in particular, provide appropriate technical support and consultative advice to the State Government Department engaged in agricultural development work in the University area. CHAPTER 09: FINANCE SECTION 51: UNIVERSITY FUND (1) Each University shall establish a fund to be called the University Fund. (2) The following shall form part of, or be paid into, the University Fund :- (a) Any contribution or grant by the Government, (b) The income of the University from all sources, including income from fees and charges and sale proceeds of farm products; (c) Bequests donations, endowments and other grants, if any, received by the University. (3) With the previous sanction of the State Government, any portion of the University Fund may, from time to time, be credited by the University to a separate heading in the University accounts, provided that there shall be credited and debited to such special headings such sums only as shall expressly relate to the objects for which a special fund is so created. (4) The University Fund shall, at the discretion of the executive Council, be kept in the State Bank of India, or in any scheduled bank as defined in the Reserve Bank of India Act, 1934, which holds a licence issued by the Reserve Bank of India under section 22 of the Banking Regulation Act, 1949, or in a co-operative bank approved by the State Government for the purpose, or be invested in securities authorised by the Indian Trust Act, 1882, or, subject to the maximum limit of rupees five lakhs in the shares of, or by giving loans to, Consumers' Co-operative Societies established for the purposes of the University or any of the affiliated college or recognised institutions. SECTION 52: FINANCIAL ESTIMATES (1) The University shall prepare the annual financial estimates of receipt and expenditure of the University in such manner as the state Government may determine. (2) The Executive Council shall consider the estimates so prepared and approve them with or without modification. (3) The University shall submit such estimates as approved by the Executive Council to the States Council, by such date as may be notified to the University by the State Council, for its sanction. (4) The State Council may pass such orders with reference to the said estimates as it thinks fit and communicate the same to the University which shall give effect to such orders. (5) The Comptroller shall be responsible for the preparation ot" the financial estimates and statements of accounts of the University. SECTION 53: STATEMENTS, RETURNS, ETC, RELATING TO GRANTS MADE TO BE FURNISHED TO GOVERNMENT The University shall furnish to the State Government such statements, returns, accounts report and other information's as the State Government may, from time to time, require, relating to any grants made by it and shall take such action and furnish such further statements, returns, accounts, reports, or other information relating to utilization of any grants made by the State Government, within such time, and in such manner, as the State Government may, from time to time, direct. SECTION 54: FINANCIAL CONTROL OF GOVERNMENT Without the prior approval of the state Government, or an officer authorised by it in this behalf, the University shall not - (a) create any new posts of "Other Officers" as specified in section 14 or the Heads of Department or Professors or of any officers of equivalent rank ; (b) revise the pay, allowances, post-retirement benefits and other benefits of any officers and other employees, both in teaching and non- teaching categories ; or (c) grant any special pay, allowances or other extra remuneration of any description whatsoever, including ex-gratia payment, increase in the rates of scholarships or other benefits having financial implications to any such officers and employees. SECTION 55: ACCOUNTS AND AUDITING (1) The annual accounts of the University shall be prepared by the Comptroller under the direction of the Vice-Chancellor and all moneys accruing to, or received by the University, from whatever source and all amounts disbursed and paid by the University shall be entered in the accounts . (2) The annual accounts and the balance sheet shall be submitted by the Vice-Chancellor to the State Government, which shall cause an audit to be carried by an auditor appointed by it. The accounts when audited shall be printed and copies thereof, together with the copies of the audit report shall be presented by the Vice-Chancellor to the Executive Council, the pro- Chancellor and the chancellor within three months from the date on which the accounts as audited are received by the Vice-Chancellor. (3) The Executive Council shall submit a copy of the accounts and the audit report to the State Government within nine months from the end of the financial year, and the State Government shall cause the same to be laid before each house of the State Legislature. (4) The Executive Council shall, every year, along with a copy of the accounts and the audit report referred to in sub-section (3), submit to the State Government a statement showing the action taken by the University on all the earlier audit reports showing the number of points on which action has been taken and the number of points on which action has been initiated and those on which action is yet to be initiated. SECTION 56: DIRECTORS FOR MAINTENANCE OF ACCOUNTS It shall be competent for the State Government to give directions to each University regarding the manner in which the accounts relating to certain specific activities should be maintained and the University shall act according to the directions of the State Government. SECTION 57: CERTAIN APPOINTMENTS TO BE UNDER CONTRACT (1) Save as otherwise provided by or under this Act, every salaried officer and academic staff members of each University shall be appointed under a written contract. The contract shall be lodged with the register, and a copy thereof shall be furnished to the employee concerned. (2) No such employee shall receive any remuneration for any work in or outside the University, except as may as provided by the Statutes. (3) Any dispute arising out of a contract between the University and any of its employees shall at the request of the employees concerned be referred to a Tribunal of Arbitration, consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Chancellor. The decision of the Tribunal shall be final, and no suit shall lie in any Civil Court in respect of the matter decided by the Tribunal. Every such request shall be deemed submission to arbitration upon the terms of this section within the meaning of Arbitration Act, 1940, and the provisions of that Act shall apply accordingly. SECTION 58: APPOINTMENT TO THE POSTS OF DIRECTOR (1) No person shall be appointed by the University as a member of the academic staff, except on the recommendation of a Selection Committee constituted for the purposes in accordance with the provisions of the Statutes made in that behalf: Provided that appointment to the posts of director (other than Director of Students' Welfare). Dean, Associate Dean. Head of a Department and professor [shall be made on the recommendations of the Selection Committee to be constituted by the State Government, common to all the four Universities. (2) The Selection Committee referred to in the proviso to sub-sec. (1) shall; consist of- (i) the Vice -Chairman of the State Council; (ii) The Vice-Chancellor of the University concerned ; (iii) one non -official to be nominated by the Pro-Chancellor, from amongst the non-official members of the Executive Councils of the Agricultural Universities in the State . (iv) two experts to be nominated by the Chancellor. (v) two representatives of the Indian Council of Agricultural; Research to be appointed by the State Government one of whom shall be a Specialist in the particular field for which the recruitment is to be made. (3) The Vice-Chairman of the State Council shall act as Chairman of the Selection Committee. In the Absence of the Vice- Chairman or in the event of the post of Vice-Chairman being vacant, one of the members of the Selection Committee nominated by the Chairman of the State Council shall act as the Chairman of the Selection Committee. SECTION 59: TRANSFER OF CERTAIN STAFF FROM ONE UNIVERSITY TO ANOTHER In order to make the talent and expertise of the Academic staff and officers of one University available to another University , it shall be competent for the Pro-Chancellor to transfer any member of the Academic staff and any officer from one University to another University, for such period as the Pro-Chancellor may in each case determine. The persons transferred from one University to another shall retain their lien on their post in the parent University and the service put in by them in the University to which they are transferred shall count for seniority in their service under the parent University. SECTION 60: SPECIAL PROVISION FOR SCHEDULED CASTES SCHEDULED TRIBES AND OTHER BACKWARD CLASSES IN SERVICES AND POSTS IN UNIVERSITY Notwithstanding anything contained in this Act, the State Government shall have power to give any University, from time to time, such directions as it may consider necessary in regard to categories of posts in which reservation of posts shall be made in favour of the members of the Scheduled Castes Scheduled Tribes and members belonging to other Backward Classes, the percentage of the posts to be reserved for them and any other matters connected with such reservation, and the University shall comply with such directions . SECTION 61: VACATING OF OFFICE (1) Save as otherwise provided, any member of any authority or body of any University may resign his office by letter addressed to the vice- Chancellor, through the Registrar, and on the Vice-Chancellor accepting the resignation, the office of such member shall become vacant; Provided that where any member is appointed or nominated on any such authority or body by the Chancellor, he may resign his office by letter addressed to the Chancellor, and his resignation shall be effective, and his office shall become vacant when the resignation is accepted by the chancellor. (2) Any member of any authority or body of the University shall cease to be a member thereof on his being convicted by a Court of law of an offense which involves moral turpitude. SECTION 62: FILLING OF CASUAL VACANCY When any vacancy occurs in the office of a member other than an ex-officio member of any authority or body of any University before the expiry of the term of office of such member, the vacancy shall be filled as soon as conveniently may be, by election, nomination, appointment, or co- option, as the case may be, of a member who shall hold office so long only as the member in whose place he has been elected, nominated, appointed, or co- opted , would have held it, if the vacancy had not occurred. SECTION 63: Notwithstanding that the Executive Council or the Academic Council or any other authority or body of any University is not duly constituted, or there is a defect in its constitution or re-constitution and notwithstanding that there is a vacancy in the membership of any such authority or body, no act or proceeding of such authority or body of the University, shall be invalid merely on any such ground. SECTION 64: QUESTIONS REGARDING INTERPRETATIONS AND DISPUTES REGARDING CONSTITUTIONS OF UNIVERSITY BODY If any question arises regarding the interpretation of any provision of this Act or any Statute or Regulation or, as to whether a person has been duly nominated elected ; appointed co-opted or has become, or is entitled to be, a member of any authority or body of any University, the matter may be referred on petition by any person or body directly affected or suo motu by the Vice-Chancellor to the Chancellor, who shall, after giving the person or body affected a reasonable opportunity of being heard and after taking such advice as he deems necessary, decide the question, and his decision shall be final. SECTION 65: MAINTENANCE OF DISCIPLINE AMONG STUDENTS OF UNIVERSITY (1) All powers relating to discipline and disciplinary action in relation to the students of any University shall vest in the Vice- Chancellor. (2) the Vice-Chancellor may, in the exercise of his powers, by order, direct that any student or student 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 specified period or be punished with fine, not exceeding three hundred rupees, or be debarred from taking an examination or examinations conducted y the University, college, institution or department for a specified period, not exceeding five years, or that the result or results of the students or students concerned in the examination or examinations in which he has or they have appeared be postponed or cancelled. (3) Without prejudice to the powers of the Vice-Chancellor, the Principals of colleges and institutions and Heads of Teaching Department in the University shall have the authority to exercise such powers over the students in their respective charges, as may be necessary for the maintenance of proper discipline. (4) The Vice-Chancellor shall, subject to the approval of the Executive Council, make rules of discipline and proper conduct for the students of the University, which shall also apply to the students of all colleges and institutions and every student shall be supplied with a copy of such rules at the time of his admission. (5) At the time of admission to the University, every student shall sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and shall observe and abide by the rules made by the Vice-Chancellor in that behalf. (6) The disciplinary jurisdiction of the Vice-Chancellor extends to the students of all colleges affiliated to, and institutions recognised by the University. SECTION 66: (1) It shall be the duty of every authority and officer of the University to ensure that the interests of the University are duly safeguarded. (2) If it is found that a damage or loss has been caused to the University by any act on the part of any authority or officer of the University not in conformity with the provisions of this Act, or the Statutes or Regulations, except when done in good faith, or by any failure so to act in conformity thereof, or by wilful neglect or default on its or his part, such damage or loss shall be liable to be recovered from the authority or the members concerned thereof, or from the officer concerned, as the case may be, in accordance with the producers prescribed by the Statues. SECTION 67: All acts and orders done or passed in good faith by the University, or any of its authorities, bodies or officers shall be final ; and accordingly no suit or legal proceeding shall be instituted or maintained against or damage claimed from the University or its authorities or bodies or officers for anything purporting to be done or passed in good faith and in pursuance of this Act and the Statutes and Regulation framed thereunder. SECTION 68: CONSTITUTIONS OF COMMITTEES Where any authority of the University is given power by this Act or the Statutes to appoint a committee, such committee may, except as otherwise provided, consist of its members, or partly of its members and partly of other persons, as the authority concerned may in each case decide. SECTION 69: ANNUAL REPORT The annual report of each University shall be prepared under the direction of the Vice-Chancellor and submitted by him to the Executive Council on or before such date as may be prescribed. The report as approved by the executive Council shall be submitted by the Vice- Chancellor to the Chancellor and the State Government. The State Government shall cause the report to be laid before each House of the State Legislature. SECTION 70: REPEAL AND SAVING (1) On and from the date of commencement of this Act, - (a) the Maharashtra Agricultural University (Krishi Vidyapeeth) Act, 1967; (b) the Punjabrao Agricultural University (Krishi Vidyapeeth} Act, 1968; (c) the Marathwada Agricultural University (Krishi Vidyapeeth} Act, 1972; (d) The Konkan Agricultural University (Krishi Vidyapeeth) Act, 1972 ; shall stand repealed. (2) Notwithstanding the repeal of the said Acts - (i) any person holding office immediately before the commencement of this Act, of Vice-Chancellor of an existing University shall, on such commencement, be the Vice-Chancellor of the corresponding University and shall continue to hold the said office on the same terms and conditions till his term of office as Vice -Chancellor of the existing University would have expired had the continued to be as such or till he ceases to be the Vice-Chancellor by reason of death, resignation or otherwise and shall exercise all the powers and perform all the duties conferred on the Vice- Chancellor of the corresponding University by or under this Act; Provided that, in the case of Vice-Chancellor of the Marathwada Krishi Vidyapeeth, his term of office shall include any extension of term, not exceeding a period of two years in the aggregate from the date of his appointment, which may be granted to him by the Chancellor, even after the commencement of this Act; (ii) from the date of commencement of this Act until such time as the Executive Council of the University is constituted in accordance with section 30 holds its first meetings, the executive Council consisting of the following members shall be deemed to be constituted for the purposes of this Act, namely : - (a) The Vice -Chancellor - Ex -officio Chairman ; (b) The Director of Agriculture or an Additional director of Agriculture deputed by the Director of Agriculture; (c) The Director of Animal Husbandry or a Joint Director of Animal Husbandry deputed by the Director of Animal Husbandry ; (d) One Director of the University to be nominated by the Pro - Chancellor ; (e) One Dean to be nominated by the Pro -Chancellor; (f) One agricultural scientist to be nominated by the Chancellor ; (g) One progressive farmer to be nominated by the Pro-Chancellor. (h) One representative of the Indian Council of Agricultural Research ; (i) Three members of the Maharashtra Legislative Assembly to be nominated by the State Government; (j) Two members of the Maharashtra Legislative Council to be nominated by the State Government; (k) The Chairman of Agriculture Committee of one Zilla Parishad on the University area to be nominated by the Pro -Chancellor ; (ii-a) The Register shall be ex-officio Secretary of the executive Council ; SECTION 71: REMOVAL OF DIFFICULTIES If any difficulty arises in giving effect to the provisions of this act, the State Government may, as occasion requires, but not later than two years from the date of commencement of this Act, by order, do anything, not inconsistent with the objects and purposes of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty. |
Maharashtra State Acts |