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State of Maharashtra - Section

Section 12 in The Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983

12. Constitution of State Council and its powers and functions.

(1)For the purposes of effective co-ordination in the activities of all Agricultural Universities in the State, particularly in relation to teaching, research, extension education and other matters of common interests and for having periodical evaluation of the functioning of the Universities and supervision over the Universities and their academic and financial activities and programmes, the State Government shall constitute a Council to be called "the Maharashtra Council of Agricultural Education and Research".
(2)
(a)The Minister for Agriculture, Maharashtra State, shall be the Chairman of the State Council.
(b)The State Government may appoint a person, who in its opinion, has expertise in any aspect of agricultural development, to be the Vice-Chairman of the Council, [and the Vice-Chairman shall, subject to the provisions of this Act, hold office for a period of three years from the date of his appointment. The Vice-Chairman shall hold office during the pleasure of the State Government; and the State Government may, if it appears to it to be necessary and expedient so to do in the public interest, by order remove him from office at any time: [This portion and proviso added by Maharashtra 32 of 2013, Section 3, (w.e.f. 25-10-203).]
Provided that, the Vice-Chairman of the Council holding the office on the date of commencement of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) (Second Amendment) Act, 2013, shall vacate such office with immediate effect.]
(c)The Council shall consist of the following other members, namely:-
(i)the Vice-Chancellors of the Agricultural Universities in the State as ex-officio members;
(ii)the Chief Secretary to Government and the Agriculture, Finance and Planning Secretaries to Government as ex-officio members;
(iii)one representative of the Indian Council of Agricultural Research to be appointed by the State Government;
(iv)four non-official members of the Executive Councils concerned to be appointed by the State Government, one from each Agricultural University area;
(v)one member to be appointed by the Chancellor;
(vi)two agricultural scientists to be appointed by the State Government;
(vii)the Member-Secretary, a whole-time officer, to be appointed by the State Government.
(3)Without prejudice to the generality of the provisions of sub-section (1), the Council shall have the following powers and functions, namely:-
(a)to approve the annual plans of the Universities and the schemes forming part of such plans;
(b)subject to the provisions of section 54, to approve the annual financial estimates of the Universities;
(c)to grant approval to any proposals by the Universities for reappropriation of budget grants;
(d)to grant permission to the Universities for starting any new Faculties, courses or disciplines or departments, as well as introduction of additional elective subjects for any curriculam;
(e)to grant administrative approval to any building proposed to be constructed by any University, the cost of which is estimated to be three lakhs rupees or more;
(f)to grant administrative approval to any equipment proposed to be purchased by any University, the cost of which is estimated to be five lakhs rupees or more;
(g)to review, from time to time, the work done in the Universities relating to agricultural education, teaching, research and extension education programmes including the work connected with [horticulture, food technology and forestry] [Substituted 'animal husbandry, horticulture, forestry, dairy science and food technology and fisheries' by Maharashtra Animal and Fishery Sciences University Act, 1998 (Mah. Act No. 17 of 1998).] with a view to achieving, effective coordination in the activities of the Universities and to give them suitable guidance and directions;
[(g-1) to review from time to time, the work done by the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth, Dapoli, relating to education in Fishery Sciences, research and extension education programmes in Fishery Sciences, with a view to achieving effective co-ordination in the activities of that University and to give to it suitable guidance and directions ;] [Inserted by Maharashtra Act No. 11 of 2019, dated 8.7.2019.]
(h)to apprise the Chancellor of the functioning of the Universities in the light of the periodical evaluation made by it;
(i)to move the State Government to release funds to the Universities, both Plan and Non-Plan, at such intervals as may be found necessary, on the basis of the decisions taken by the Council;
(j)to advise the State Government on any matters relating to the activities of the Universities, which may be referred to it by the State Government;
(k)to exercise such other powers and to discharge such other function as are incidental to or requisite to give effect to the provisions of this Act.
(4)
(a)The Council, in the exercise of its powers and the discharge of its functions, shall have the power to issue necessary directions to the Universities under intimation to the Chancellor, which shall be final and binding on the Universities.
(b)It shall be the duty of the Vice-Chancellor concerned to ensure that such directions are promptly and properly implemented, and for this purpose the Vice-Chancellor shall have and exercise all the necessary powers as provided in subsection (6) of section 18.
(5)
(a)The Vice-Chairman shall receive such honorarium and allowances as the State Government may determine.
(b)The emoluments and other conditions of service of the Member-Secretary shall be such as the State Government may determine.
(c)Every non-official member shall receive such allowances for the purpose of meeting personal expenditure incurred in attending the meetings of the Council or for attending to any other business of the Council as such member, as the State Government may determine.
(6)The Council shall, in conducting its business, determine such procedure as it deems fit.
(7)The Council shall have the power to act, notwithstanding any vacancy in the membership thereof or any defect in the constitution thereof.