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State of Madhya Pradesh - Act

Rajmata Vajaya Raje Scindia Krishi Vlshwavidyalaya Adhniyam, 2009

MADHYA PRADESH
India

Rajmata Vajaya Raje Scindia Krishi Vlshwavidyalaya Adhniyam, 2009

Act 4 of 2009

Published on 10 February 2009
Commenced on 10 February 2009
[This is the version of this document from 10 February 2009.]
[Note: The original publication document is not available and this content could not be verified.]

Rajmata Vajaya Raje Scindia Krishi Vlshwavidyalaya Adhniyam, 2009(Madhya Pradesh Act No. 4 of 2009)Last Updated 14th February, 2020[Received the assent of the Governor on the 10th February, 2009; assent first published in the "Madhya Pradesh Gazette (Extraordinary)", dated the 12th February, 2009]An Act to establish and incorporate an University for agriculture and allied sciences at Gwalior to provide for education and prosecution of research hi agriculture and allied sciences, extension and other matters ancillary thereto.Be it enacted by the Madhya Pradesh Legislature in the Fifty-ninth year of the Republic of India as follows :-Chapter - I Preliminary

1.

This Act may be called the Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya Adhiniyam, 2009.

2.

In this Act, unless the context otherwise requires,-

(a)"Agriculture science" means the basic and applied science of soil and water management crop and livestock production;

(b)"College" means a college of the University under the direct control and management of the Board and the Principal Executive Officer of the University whether located at the headquarters, campus-or elsewhere;

(c)"Extension" means all educational programmes undertaken for the purpose of ascertaining the Problems of research in agriculture and allied sciences, disseminating the results of research and providing training for the purpose of such dissemination;

(d)"Hostel" means a unit of residence for students of the University provided, maintained or recognized by it;

(e)"Other Backward-Classes" means a member of the Other Backward Classes of citizens as specified by the State Government vide notification No. F 85-XXV-4-84, dated the 26th December, 1984 and as amended from time to time;

(f)"Registered Graduate" means a graduate registered under the Provisions of this Act;

(g)"Scheduled Castes" means the Scheduled Castes specified in relation to this State under Article 341 of the Constitution;

(h)"Scheduled Tribes" means the Scheduled Tribes specified in relation to this State under Article 342 of the Constitution;

(i)"Statutes and-Regulations" means respectively the Statutes arid Regulations of the University in force for the time being;

(j)"Students of the University" means a person enrolled in the University for taking a course of study for a degree, diploma or other academic distinction duly instituted;

(k)"Teacher of the University" means a person appointed or recognized by the University for the purpose of imparting instructions and / or conducting and guiding research- and / or extension programmed and includes a person who, may be declared by the Statutes to be a Teacher;

(l)"University" means the Rajmata Vijaya Raje Scindia Agriculture University.

Chapter - II The University

3.

(1)The Chancellor and first Vice-Chancellor of the University and the first members of the Board and of the Academic Council of the University and all persons who may hereafter become such officers or members are, so long as they continue to hold such office or membership, hereby constituted a body corporate by the name of the Rajmata Vijaya Raje Scindia Agriculture University.

(2)The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.

(3)The headquarters of the University shall be located at Gwalior,

4. Objects of University.

- The University shall, among others, have the following purposes :-

(a)making provision for education in agriculture and other allied sciences;

(b)furthering the prosecution of research, particularly in agriculture and other allied sciences;

(c)undertaking field extension programmes; and

(d)such other purposes related to the aforesaid with the object of improving the level of living of rural people as the State Government may, by notification, direct.

5.

The University shall have the following powers, namely :-

(a)to acquire and hold property both movable and immovable, to lease, sell or otherwise transfer any movable property vesting in or acquired by it for the purposes of the University;

(b)to cultivate and promote the study of and to provide for instruction, teaching and training in,.

(i)agriculture, agricultural engineering, animal husbandry, rural industry and business, and other allied sciences; and

(ii)such other branches of learning as the University may deem fit;

(a)to make provision for research and for the advancement and dissemination of knowledge in agriculture and allied sciences and to institute and manage Agricultural and Extension Service including Krishi Vigyan Kendras and rural youth programmes;

(b)to institute degrees, diplomas and other academic distinctions;

(c)to maintain colleges, schools of studies and hostels in the manner prescribed in the Statutes;

(d)to institute teaching research and extension posts required by the University and to appoint persons to such posts;

(e)to determine qualifications for and to recognize teachers as qualified to give instructions in a college or to carry out research and extension work in agriculture and allied sciences;

(f)to provide such lectures and instructions for and to grant such diplomas to field workers and other.persons, not being enrolled students of the University as the University may determine;

(g)to set up laboratories, libraries, agricultural research stations, museums, agricultural farms, including breeding farms, poultry farms, fish farms and the like, agricultural workshop and such other equipments as the University may consider it necessary to set up in field of agriculture and allied sciences;

(h)to hold- examinations, and to grant diplomas and confer degrees and other academic distinctions on persons, who have pursued a course of study under the University;

(i)to confer degrees and / or other academic distinctions on persons who have carried on independent research under conditions prescribed in the Statutes;

(j)to confer honorary degrees or other academic distinctions on approved persons, in the manner and under conditions prescribed in the Statutes;

(k)to hold and manage trusts and endowments and to institute and award fellowships (including traveling fellowships), scholarships, exhibitions, bursaries, medals and other rewards in accordance with conditions prescribed in the Statutes;

(l)to arrange for inspection of colleges and. other branches of the University and to take measures to ensure that proper standards of instruction, teaching or training, research arid extension are maintained;

(m)to fix, demand and receive payment of such fees and other charges as may be prescribed by the Statutes;

(n)to supervise and control the residence, conduct and-discipline of students of the University and to make arrangements for promoting their health development and general welfare;

(o)to create administrative, ministerial and other necessary posts and to make appointments thereto;

(p)to institute and manage-

(i)Information Bureau;

(ii)Printing and Publication Department; and

(iii)Employment Bureau:

(q)to make provision-

(i)for extra-mural, teaching and research;

(ii)for physical and military training;

(iii)for sports and athletic activities;

(r)to co-operate with other Universities and authorities in :such manner, to extent and for such purposes as the University may determine;

(s)to do all such other acts and things, whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of the University.

6. Territorial jurisdiction.

(1)Save as otherwise provided in this Act, the powers conferred on the University by or under this'Act, shall extend to the areas comprised within the limits of revenue districts of Sheopur, Morena, Bhind, Gwalior, Shivpuri, Guna, Ashoknagar, Datia, Dewas, Ratlam, Shajapur, Mandsaur, Neemuch, Ujjain, Indore, Dhar, Jhabua, Alirajpur, Khargone, Blidwanv Khandwa, Burhanpur, BhopaU Sehore and Rajgarh.

(2)Notwithstanding anything contained in any other law for the time being in force,, no college or educational institution situated within the areas specified in sub-section (1) imparting instructions in agriculture and other allied sciences for bachelors degree and / or above, shall be associated in any way with or be admitted to any privilege of any other University incorporated by law in India and any such privilege granted by any such other University to any educational institution within-those limits prior to the commencement of this Act,, shall be deemed to be withdrawn on the commencement of this Act and such institution shall stand affiliated to the University till the date they are transferred to the University under Section 57.

(3)The.research and extension work undertaken or conducted by or on behalf of the Jawaharlal Nehru Krishi Vishwavidyalaya in the field of agriculture and allied sciences within the areas specified in sub-section (1) shall be coordinated with and integrated into the activities of the University-

(a)with effect from such date or dates as the State Government may, by notification, specify and different dates may be specified for co-ordination and integration;

(b)and in such manner and to such extent as may be determined by the State Government.

7. University to have exclusive jurisdiction to provide for instruction, and teaching etc. agriculture in allied sciences.

(1)The University, shall have exclusive jurisdiction throughout the area specified in sub- section (1) of Section 6 to provide for instruction, teaching and training in agriculture and allied sciences and notwithstanding anything contained in the law relating to incorporation of any other University in the State, no other University shall be competent to provide for instruction, teaching and training in agriculture and allied sciences.

(2)Notwithstanding anything contained in this Act or Statutes and Regulations made thereunder any student of the College of Agriculture, Gwalior, Indore, Sehore, Khandwa, Ganjbasoda, College of Horticulture, Mandsaur and College of Veterinary Science and Animal Husbandry, Mhow (Indore) who immediately prior to the date of coming into force of this, Act was studying for or was eligible to appear in any examination, as the case may be, in Agriculture and other allied Sciences of the Jawaharlal Nehru Krishi Vishwavidyalaya, shall be permitted to complete his course in preparation therefor, and the University shall provide for such period not exceeding five years and in such manner as may be prescribed by the Statutes for the instruction, teaching; training and examination of such students in accordance with the course of studies of the Jawaharlal -Nehru Krishi Vishwavidyalaya.

7A. [ New colleges to require permission For establishment and affiliation. [Inserted by Act No. 21 0f 2011 dated 7th May, 2011]

(1)Every person desired of establishing any college for instructions, teaching and training in Agriculture and allied Sciences within the jurisdiction of the University shall make an application containing detail information to the State Government or such authority as the State Government may, by order, specify, for grant of permission to establish and administer or run such college.

(2)On receipt of application, the State Government or the authority specified by it, shall, after making such enquiry as it may deem fit, grant permission subject to such terms and conditions, if any, as it may deem fit to impose.

(3)Every college established after obtaining permission shall be affiliated to the University and such college shall be admitted to the privileges of the University under the provisions of the Act.]

8. Completion of courses of Students in Colleges affiliated to other University in State.

- Notwithstanding anything contained in this Act or Statutes and Regulations made hereunder-

(i)any student of a college situated within the State and affiliated to any other University; or

(ii)any other student who immediately prior to the date of the coming into force of this. Act was studying or was eligible, as the case may be, for any examination in agriculture and other allied sciences of such other University, shall be permitted to complete his course in preparation therefor and the University shall provide for such period not exceeding five years and in such manner as may be prescribed by the Statutes for the instruction teaching, training and examination of such students in accordance with the course of studies of such other University.

shall be permitted to complete his course in preparation therefor and the University shall provide for such period not exceeding five years and in such manner as may be prescribed by the Statutes for the instruction teaching, training and examination of such students in accordance with the course of studies of such other University.

9. University open to all irrespective of religion, caste, sex, place of birth or opinion.

- It shall not be lawful for the University to impose any test or condition whatsoever relating to religion, caste, sex, place of birth or other opinion in order to entitle any person-

(a)to hold any office in the University; or

(b)to be a member of any authority of the University; or

(c)to "be appointed or admitted as a teacher; or

(d)to be admitted to any degree, diploma or other academic distinctions or course of study or to qualify for any degree, diploma or other academic distinction; or

(e)to enjoy or exercise any privileges of the University or benefication thereof :

Provided that the University may subject to the previous sanction of the State Government, maintain any college or institution exclusively for women either for education, instruction or residence, or reserve for women or members of Scheduled Castes: or Scheduled Tribes or of Other Backward Classes and communities which are educationally backward, seats for the purposes of admission as students in any college or institution maintained or controlled by the University:Provided further that nothing in this section shall be deemed to require the University to admit to any course of study students larger in number than, or with academic or other qualifications lower than those prescribed in the Statutes :Provided also that nothing in this section shall, be deemed to prevent the University from exempting indigent persons belonging to the Scheduled Pastes or Scheduled Tribes or to any Other Backward Classes or communities which are socially and educationally backward from attending courses of study or from the fees levied in whole or in part for attending such courses.Explanation. - A person shall, for the purposes of this proviso, be deemed to be an "indigent person" if the annual income of such person or his guardian (where such person is for his livelihood and education dependent upon, such guardiar) is less than such amount as may be specified by the State Government, by notification, in this behalf.

10. Teaching in University.

(1)All recognized teaching in connection with the University courses shall be conducted by the teachers of the University in accordance with such scheme as may be framed, for each academic year by this Academic Council and shall include lecturing, tutorial classes, laboratory work, field work and other teaching conducted in accordance with the course of study prescribed by the Regulations.

(2)The authorities responsible for organizing such teaching and the maximum number of students that shall be admitted to a course shall be prescribed by the Statutes.

(3)The courses and curricula shall be prescribed by the Regulations.

11. Inspection and Inquiry of University.

(1)The State Government shall have the right to cause an inspection to he made such person as it may direct, of the University generally and other matters particularly such as its buildings, laboratories, libraries, museums, Agricultural Research Stations and farms, workshops and equipments and of any college or hostel, maintained by the University, of the teaching and other work conducted by the University or any college or institution and of the conduct of examinations held by the University and to cause an inquiry to be made of any matter connected with the University:Provided that the State Government shall, in every case, give notice to the University of its intention to cause an inspection or inquiry to be made, and the University shall be entitled to be represented thereat.

(2)Such person shall report to the State Government, the result of such inspection or inquiry, and the State Government shall communicate to the Board his views with reference to the results of such inspection or inquiry and the Board shall thereupon communicate its view to the Chancellor, who may advise the University upon the action to be taken, if any.

(3)Where the Board does not, within a reasonable time,, take action to the-satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Board, issue such directions as he may think fit, and the Board shall comply therewith.

(4)The report of the inspection and of the directions issued by the Chancellor as a result of such inspection or inquiry shall be laid on the table of the Legislative Assembly.Chapter - III Officers of the University

12. Officers of the University.

- The following shall be the officers of the University, namely :-

(a)the Chancellor;

(b)the vice-Chancellor;

(c)the Registrar;-

(d)the Comptroller;

(e)the Deans of the Faculties;

(f)the Director of Research Services;

(g)the Director of Extension Services;

(h)the Director of Instructions and Student Welfare;

(i)the Deans of the Colleges;

(j)such other officers in the service of the University as may be declared by the Statutes to be officers of the University.

13. Chancellor.

- The Governor of Madhya Pradesh shall be the Chancellor of the University, he shall, by virtue of his office, be the Head of the University and shall, when present, preside at any convocation of the University.

14. Powers of Chancellor.

(1)The Chancellor may-

(a)call, for any papers for information relating to the affairs of the University:

(b)and for reasons to be recorded, refer any matter except a matter falling under section 43, for reconsideration to any officer or authority of the University that has previously considered such matter.

(2)The Chancellor may by an order in writing, annul any proceedings of any officer or authority of the University which is not in conformity with the Act, the Statutes or the Regulation :Provided that before making any such order he shall call upon the officer or authority concerned 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.

(3)Every proposal to confer an honorary degree shall be subject to the confirmation of the Chancellor.

(4)The Chancellor shall exercise such powers as may be conferred on him by or under this Act.

15. Vice-Chancellor.

(1)The Vice-Chancellor shall be appointed by the Chancellor from a panel of not less than three persons recommended by me committee constituted under sub-section (2) :Provided that if the Chancellor does not approve of any of the persons so recommended or the person or persons approved by the Chancellor out of those recommended by such committee are not willing to accept the appointment, the Chancellor may call for fresh recommendations from such committee :Provided further that the first Vice-Chancel for shall be directly appointed by the Chancellor.

(2)The Chancellor shall appoint a committee consisting of the following persons, namely :-

(i)one person elected by the Board from amongst persons not employed by or on behalf of the University or a college;

(ii)one person nominated by the Chancellor; and

(iii)one person nominated by- the State Government.

The Chancellor shall appoint one of the three-persons to be the Chairman of the Committee.

(3)The Chancellor shall constitute the committee under sub-section (2) before the expiry of the term of the Vice-Chancellor, call upon the Board and the State-Government to choose their nominees and if any one of them or both fail to do so within one month of the receipt of the Chancellor's communication in this regard, the Chancellor may nominate any one or two persons, as the case may be, not employed by or on behalf of the University, or college and the persons so nominated shall be deemed to be the persons elected or nominated by the Board or the State Government, as the case may be.

(4)The Committee shall submit the panel within six weeks from the date of its constitution or such further time not exceeding four weeks as may be extended by the Chancellor.

(5)If the Committee shall to submit the panel within the period specified in sub-section (4), the Chancellor may appoint any person whom he deems fit to be the Vice-Chancellor.

(6)The Vice-Chancellor shall hold office-for a term, of five years from the date on which he enters upon his office or until he attains the age of 65 years, whichever is earlier, and shall be eligible for re-appointment :Provided that notwithstanding the expiry of his term, he shall continue in office until his. successor is appointed and enters upon his office, but this period shall not exceed six months.

(7)In the event of occurrence of any vacancy in the office of Vice-Chancellor, by reason of his death, resignation or otherwise, a Dean of Faculty nominated by the Chancellor shall act as Vice-Chancel for until the date on which a new Vice-Chancellor, appointed under sub-section (1) to fill such vacancy enters upon his office :Provided that the person so nominated shall not hold office for a period of more than six months.

(8)Where any temporary vacancy in the office of Vice-Chancellor occurs by reasons of leave, illness or other cause, the Chancellor shall, as soon as possible, make such arrangements for carrying on the office of the Vice-Chancellor as he may think fit.

(9)Until the nomination has made under sub-section (7) or arrangements have been made under sub-section (8), the Registrar and if no Registrar has been appointed or if there be vacancy in the office of the Registrar for any reason whatsoever, such officer of the University as the Chancellor may direct, shall carry on the current duties of the Vice-Chancellor.

(10)All acts done by the person appointed under sub-section (8) or by the Registrar under sub-section (9) or by the officer directed by the Chancellor under sub-section (9) to carry on the current duties of the Vice-Chancellor shall be deemed to be acts done by the Vice-Chancellor.

16. Emoluments and conditions of service of Vice-Chancellor.

- The emoluments and conditions of service of the Vice-Chancellor shall be such as may be prescribed by Statutes but shall not be varied to his disadvantage after his appointment.

17. Powers and duties of Vice-Chancellor.

(1)The Vice-Chancellor shall be the principal executive and academic officer of the University, and shall, in the absence of the Chancellor preside at any convocation of the University, and he shall be an ex-officio member and Chairman of the Board and of the Academic Council and Chairman of such other authorities of the University of which he is a member and he shall be entitled to be present and to speak at any meeting of any authority or other body of the University but shall not be entitled to vote thereat unless he is member of the authority or body concerned.

(2)It shall be the duty of the Vice-Chancellor to ensure that this Act, the Statutes and the Regulations are faithfully observed and he shall have all powers necessary for this purpose.

(3)The Vice-Chancellor shall have power to convene meetings of the Board and the Academic Council.

(4)In any emergency which in the opinion of the Vice-Chancellor requires that immediate action should be taken, the Vice-Chancellor shall take such action as he deems necessary and shall at the earliest opportunity thereafter report his action to such officer, authority or body as would have in the ordinary course dealt with the matter :Provided that the action taken by the Vice-Chancellor shall not commit the University to any recurring expenditure for a period of more than three months.

(5)When action taken by the Vice-Chancellor under sub-section (4) affects any person in the service of the University, such person shall-be entitled to prefer an appeal to the Board through the officer, authority or body mentioned in the said sub-section within thirty days from the date on which such action-is communicated to him.

(6)The action taken by the Vice-Chancellor shall be deemed to be the action taken by the appropriate authority until it is set aside by such officer, authority or body after considering the report made by the Vice-Chancellor under sub-section (4) or is modified or set aside by the Board under sub-section (5).

(7)The Vice-Chancellor shall exercise general control over the affairs of the University and shall give effect of the decisions of the authorities of the University.

(8)The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes and Regulations.

18. Removal of Vice-Chancellor.

(1)If at any time upon representation made or otherwise and after making such inquires-as may be deemed necessary, it appears to the Chancellor that the Vice-Chancellor -

(i)has made default in performing any duty imposed on him by or under this Act ; or

(ii)has acted in a manner prejudicial to the interest of the University; or

(iii)is incapable of managing the affairs of the University, the Chancellor may, notwithstanding the fact that the term of office of the Vice-Chancellor has not expired, by an order in writing stating the reasons therein, requires the Vice-Chancellor to relinquish his office as from such date as may be specified in the order.

(2)No order under sub-section (1) shall be passed unless the particulars of the grounds on which such action is proposed to be taken are communicated to the Vice-Chancellor and he is given a reasonable opportunity of showing cause against the proposed order.

(3)As from the date specified in the order under sub-section (1) the Vice-Chancellor shall be deemed to have relinquished office and the office of the Vice-Chancellor shall fall vacant.

19. Comptroller.

(1)The Comptroller shall be a whole time salaried officer of the University, and he shall be appointed by the Vice-Chancellor in accordance with the Statutes to be made in this behalf and his emoluments and conditions of service shall be such as may be prescribed by the Statutes.

(2)Where any vacancy in the office of the Comptroller occurs by reason of leave, illness or any other cause, the Vice-Chancellor shall make arrangements as he deems fit, to carry on the current duties of the Comptroller.

(3)The Comptroller shall-

(a)exercise general supervision over the funds of the University and shall advise the Board in regard to its financial policy;

(b)subject to the control of the Board, manage the property and investment of the University;

(c)be responsible for seeing that all moneys are expended on the purpose for which they are granted or allotted and. no expenditure not authorized in the budget, is incurred by the University:

(d)exercise such other powers as may be conferred on him by the Statutes.

20. Registrar.

- The Registrar shall be whole-time salaried officer and shall act as the Secretary of the Board and of the Academic Council and he shall be appointed by the Vice-Chancellor with the prior approval of the Board in accordance with the Statutes to be made in this behalf and his emoluments and conditions of service shall be such as may be prescribed by the Statutes and he shall exercise such powers and perform such duties as may be conferred or imposed on him by the Statutes and the Regulations.

21. Director of Research Service, Director of Extension Services and Director of Instructions and Student Welfare.

(1)There shall be a Director of Research Services, Director of Extension Services and Director of Instructions and Student Welfare who shall be whole-time salaried officers of the University appointed by the Vice-Chancellor with the prior approval of the Board in accordance with the Statutes made in this behalf.

(2)The emoluments and conditions of service of the officers appointed under sub-section (1) shall be such as may be prescribed by the Statutes.

(3)The Director of Research Services, the Director of Extension Services and the Director of Instructions and Student Welfare shall exercise such powers and perform such duties as may be conferred or imposed on them by the Statutes.

22. Other Officers.

- The appointment of other officers of the University referred to in Section 12 shall be made in such manner and the conditions of their service and their powers and duties shall be such as may be prescribed by the Statutes and Regulations.Chapter - IV Authorities of the University

23. Authorities of University.

- The following shall be the authorities of the University :-

(i)the Co-ordination Council;

(ii)the Board;

(iii)the Academic Council;

(iv)the Faculties; and

(v)such other authorities as may be declared by the Statutes to be the authorities of the University -

24. Constitution of Coordination Council.

- There shall be a council for co-ordinating the activities of the agricultural Universities in the State, and the council shall be constituted by an order of the State Government and shall comprise of the following :

(i)	The minister in charge of Agriculture,Government of Madhya Pradesh	Chairman
(ii)	Agriculture Production Commissioner	Member
(iii)	Vice-Chancellors of Agriculture Universities	Member
(iv)	Director of Extension and Director of Researchof respective Universities.	Member
(v)	All Deans of Faculties of AgriculturalUniversities	Member
(vi)	Secretaries of the Government of Madhya Pradeshin the Department of Farmer Welfare and Agriculture Development,Fisheries, Animal Husbandry, Tribal Welfare and Finance.	Member
(vii)	Registrars of the. respective Universities.	Member
(viii)	Comptrollers of the respective Universities.	Member
(ix)	A representative of the Indian Council ofAgriculture Research to be nominated by the Director General	Member

25. Meeting of coordination council and quorum thereat.

(1)The coordination council shall meet twice in a calendar, year and at such intervals as may be determined by the coordination council.

(2)One third members of the Coordination Council-shall form quorum.

(3)The Secretary to the Government of Madhya Pradesh, Farmer Welfare and Agriculture Development Department shall be the convener.

(4)Any of the members of the Coordination Council may send items for inclusion in the agenda to the convener.

26. Powers and duties of Coordination Council.

- Subject to the provisions of this Act, the Coordination Council shall exercise the following powers and perform the following duties, namely :-

(i)to act as an advisory body in all matters relating to the agricultural university;

(ii)to review the broad policies of agricultural Universities and to suggest measures for their improvement and development of such universities;

(iii)to act as coordinating body between agricultural universities established in the State by law;

(iv)to exercise such other powers and perform such other duties as may be notified by the State Government.

27. Constitution of Board.

(1)The Chancellor, shall constitute the Board within two months of the establishment of the University.

(2)The Board shall consist of the following persons, namely:-Ex-officio members

(i)the Vice-Chancellor- Chairman;

(ii)the Secretary to Government of Madhya Pradesh

(a)Farmer Welfare and Agriculture Development Department;

(b)Finance Department,

or an officer not below the rank of Deputy Secretary of above departments designated/nominated by the concerning Secretary;Members nominated by the Chancellor,-

(iii)two eminent agriculturist with background of agricultural research or education;

(iv)two progressive farmers from the State who shall not be the members of any political party or its body;

(v)one outstanding woman social worker having background of rural advancement;

(vi)one eminent Veterinary or Animal Husbandry scientist with experience of veterinary or Animal Husbandry research or education;

Members nominated by the State Government,-

(vii)a distinguished industrialist or manufacturer having -special knowledge in agricultural development;

(viii)one eminent engineer preferably with agricultural engineering background;

Members elected by the State Legislative Assembly,-

(ix)three members from amongst members of the State Legislative Assembly to be elected by the State Legislative Assembly;

Other member -

(x)one representative of Indian Council of Agricultural Research to be nominated by the Director General of that Council.

(3)The Registrar shall be the non-member Secretary of the Board.

(4)The term of office of members of the Board other than Ex-officio members shall be three years :Provided that the member of the Board elected under item (ix) of sub-section (1) shall cease to hold office as such member if he ceases to be a member of the Legislative Assembly.

(5)No actor proceeding of the Board shall be invalid merely on the ground of existence of any vacancy in, or defect in the constitution of the Board.

(6)The members of the Board shall receive such travelling and daily allowance as may be prescribed by Statutes.

28. Meeting Board.

(1)The Board shall meet as often as may be considered necessary on such dates as may be fixed by the Vice-Chancellor :Provided that a period of three months shall, as far as may be, not intervene between the last sitting of the Board and, the date fixed for its first sitting in the next meeting.

(2)A meeting of the Board fixed by the Vice-Chancellor under sub-section (1) normally shall not be cancelled or postponed, but the Vice-Chancellor may, for sufficient cause, postpone the meeting to any date not later than fifteen days from the date originally fixed originally.

(3)The Vice-Chancellor shall upon a requisition, in writing, signed by not less than five members of the Board, convene a special meeting of the Board within twenty one days of the receipt of such requisition.

(4)When a date has been fixed for the meeting of the Board by the Vice-Chancellor under sub-section (1) or sub-section (3), the Registrar shall give ten clear days' notice, in writing, to the members of the Board of such a meeting.

(5)The quorum for every meeting of the Board shall be six.

29. Powers and duties of the Board.

- The Board shall be executive authority of the University and shall, subject to such conditions as may be prescribed by or under the provisions of this Act and the Statutes, exercise the following powers and. perform the following duties, namely:-

(i)to approve and sanction the budget of the University;

(ii)to consider the annual accounts and the annual financial estimates placed before it by the Vice-Chancellor and pass them with such modification as it may deem fit;

(iii)to lay before the State Government annually a full statement of the financial requirement of all branches of the University;

(iv)to make provision for instruction, teaching and training in such branches of learning and courses of study, as it may think fit, for research and for the advancement and dissemination of knowledge;

(v)to provide for the establishment and maintenance of colleges, departments, hostels and institutions of research and specialized studies and to manage them;

(vi)to organize and make provision for laboratories, libraries, agricultural research stations, museums, agricultural farms including breeding farms, poultry farms, fish farms and the like agricultural workshops and such other equipments as the University may consider it necessary to organize and provide for in the field of agriculture and allied science;

(vii)to institute Agricultural Rural Life Research and Extension service;

(viii)to make provision for, -

(a)

(i)extra-mural teaching and research; and

(ii)University extension activities;

(b)physical and military training;

(c)sports and athletic activities; and

(d)students union and their welfare

(ix)to make provision for the control of admission, conduct and discipline of the students of the University and to make arrangements for promoting their health and general welfare;

(x)to institute and confer degrees, diplomas and other academic distinctions;

(xi)to recommend the conferment of honorary degrees and other academic distinction in the manner prescribed by Statutes;

(xii)to provide for the institution, maintenance and award of fellowships, scholarships, studentships, exhibitions and medals;

(xiii)to approve the schedule of fees and other charges as may be prescribed by the Statutes upon recommendation of the Vice-Chancellor;

(xiv)to make, amend or repeal Statutes;

(xv)to consider and cancel, modify or refer back, Regulations;

(xvi)to determine the form: of provide for the custody and regulate the use of the common seal of the University;

(xvii)to hold, control and administer the property and funds of the University;

(xviii)to transfer any movable or immovable property on behalf of the University subject to the provisions of the Act and the Statutes;

(xix)to accept on behalf of the" University trusts, bequests, donations and transfers of movable and immovable property to the University;

(xx)to enter into, vary, carry out and cancel contracts on behalf of the. University in the exercise of powers conferred oh it by this Act and the Statutes;

(xxi)to make provisions for building, premises, furniture, apparatus, books and other means needed for carrying on the work of the University;

(xxii)save as otherwise provided by this Act, or the Statutes, to approve the appointments of officers (other than the Vice-Chancellor), teachers and other servants of the University, to define their duties and conditions of their service and to provide for the filling of temporary vacancies in their posts;

(xxiii)to institute,-

(a)a Printing and Publication Department;

(b)an Information Bureau; and

(c)an Employment Bureau;

(xxiv)to approve such teaching posts as may be proposed by the Academic Council with the approval of the State Government;

(xxv)to abolish or suspend, after report from the Academic Council thereon any teaching post in the University with the approval of-the State Government;

(xxvi)to lay down scales of salaries and conditions of the employment of member of the staff in the various branches of the University and to ensure the observance of the same;

(xxvii)to delegate by regulation any of its powers to the Vice-Chancellor, the Registrar or such other officer of University or a Committee appointed by it as it may deem fit;

(xxviii)to exercise such other powers and perform such other duties not inconsistent with the provisions of this Act or Statutes as may be necessary for carrying out the purposes of this Act.

30. Academic Council.

(1)The Academic Council shall be in charge of the academic affairs of the University and shall consist of the following members, namely:-

(i)the Vice-Chancellor;

(ii)the Director of Research Services;

(iii)the Director of Extension Services;

(iv)the Director of Instructions and Student Welfare;

(v)the Dean of Faculties:

(vi)one teacher from each faculty of the University to be elected from amongst themselves in the manner prescribed by Statutes:

(vii)two persons, not being employees of the University co-opted by the Academic Council for their special knowledge in subject recognized by the University.

(2)Not less than half of the number of members of the Academic Council for the time, being shall form a quorum :Provided that the quorum shall not any time be less than four.

(3)The Academic Council shall have power to co-opt as members two persons having special knowledge or experience in the subject, matter of any particular business, which may come before the Academic Council for consideration and the members so co-opted shall have all the rights of the members of the Academic Council in regard to the transaction of the business in relation to which they may be co-opted.

(4)All members of the Academic Council other than Ex-officio members and members referred to in sub-section (3) shall hold office for a term of three years.

31. Power and duties of Academic Council.

- The Academic Council,

(a)shall, subject to the provisions of this Act and. the Statutes, generally regulate and have the control of, and be responsible for, the maintenance of standard of teaching, research and examination of the University and for the fulfillment of recruitment's for obtaining degrees;

(b)shall advise the Board and other authorities of the University on all academic matters;

(c)shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by, or under this Act.

32. Faculties.

(1)The University shall have such Faculties as may be prescribed by the Statutes.

(2)Each Faculty shall consist of such members and shall have such powers and perform such duties as may be prescribed by the Statutes.

(3)There, shall be a Dean for each Faculty who shall be appointed by the Vice- Chancellor in such manner and for such period as may be prescribed by the Statutes.

33. Department of Studies.

(1)Each Faculty shall comprise of such Department of Study as may be prescribed by the Statutes.

(2)There shall be a Head of the Department for each Department of Study.

(3)The Vice-Chancellor shall nominate one of the Professors as Head of the Department and if there is no Professor, the Dean of the Faculty shall act as the Head of such Department until a duly qualified person is available.

(4)The terms and conditions of appointment, duties and functions of the Head of the Department shall be prescribed by the Statutes.

34. Other Authorities of University.

- The constitution, powers and duties of such other authorities as may be declared by the Statutes to be the authorities of the University shall be provided for in the manner prescribed by the Statutes.

35. Agricultural Research Station and Agricultural Rural Live and Extension Services.

(1)The University shall establish and/or maintain a Central or Stale Agricultural Research Station with appropriate regional and other sub-stations for conducting research, both fundamental and applied, in all faculties within its territorial jurisdiction.

(2)The University shall also establish an Agricultural Rural Life and Extension Service which shall, subject to the provisions of this-Act and the Statutes, make available useful information to the farmers and house wives to help them, solve their problems and take all necessary measures, for developing in young people interest in agriculture and rural life.Chapter - V University Fund etc.

36. University Fund.

(1)The 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 loan, contribution or grant by Central or State Government or any body corporate;

(b)the income of the University from all sources including income from fees and charges;

(c)trusts, bequests, donations, endowments and other grants, if any;

(d)all other sums received by the University.

(3)The University Fund shall be kept in any Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (No. 2 of 1934), or such other Bank as may be approved by the Reserve Bank of India or invested in securities authorised by the Indian Trust Act, 1882 (No. 2 of 1882), at the discretion of the Board.

(4)Nothing in this section shall in any way affect any obligations accepted by or imposed upon the University by any declaration of trust executed by or on behalf of the University for the administration of any trust.

37. Object to which University Fund may be applicable.

- The University Fund shall be applicable to the following objects: -

(a)to the repayment of debts incurred by the University for the purposes of this Act and the Statutes and the Regulations made thereunder;

(b)to the expenses of any suit or proceedings to which the University is a party;

(c)to the payment of the salaries and allowances of the officers and servants of the University, members of the teaching staff and the establishment employed in the colleges and the department of University for and in furtherance of the purposes of this Act and the Statutes, and the Regulations made thereunder and to the payment of pension or any Provident Fund contribution to any such officers and servants, members of the teaching staff or the members of such establishments;

(d)to the payment of the travelling and other allowances of the members of the Board and the Academic Council and any other authority of the University or the members of any Committee appointed by any of the authorities of the University in pursuance of any provision of the Act and the Statutes and the Regulation made thereunder;

(e)to the payment of fellowships, scholarships, studentships and other awards to students;

(f)to the upkeep of colleges departments, residences and hostels established by the University;

(g)to the payment of the cost of audit of the University Fund;

(h)to the payment of any expense incurred by. the University in carrying out the provisions of this Act, and the Statutes and the Regulations made thereunder; and

(i)to the payment of any other expense, not specified in any of the preceding clauses declared by the Board to be the expense for the purpose of the University.

Chapter - VI Statutes and Regulations

38. Statutes.

- Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely :-

(i)the constitution, powers and duties of authorities of the University;

(ii)the manner of election or appointment and term of office of the members of the authorities referred to in clause (i)T including the continuance or retirement in the office of the first members, and filling of vacancies of members and all other matters relating to those bodies for which it may be necessary or desirable to provide;

(iii)allowances payable to the members of the Board;

(iv)emoluments and conditions of service of the Vice-Chancellor and his powers;

(v)appointment of Comptroller, Registrar, Dean of Faculties, Director of Research Services, Director of Extension Services, Director of Instructions and Student Welfare and other officers of the University, their powers and duties and the emolument, terms and conditions of their service;

(vi)the contribution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the officers, teachers and other employees of the University;

(vii)the holding of convocation to confer degrees;

(viii)conferment of honorary degrees and other academic distinctions;

(ix)the withdrawal of degrees, diplomas, certificates and other academic distinctions;

(x)the establishment, amalgamation, sub-division and abolition of Faculties;

(xi)the establishment and abolition of departments of teaching in Faculties;

(xii)the establishment and abolition of hostels maintained by the University;

(xiii)qualifications, classification and mode of appointment of teachers of the University;

(xiv)the administration of endowments, and the institution and conditions of award of fellowships, scholarships, studentships, exhibitions, bursaries, medals, prizes/ and other award;

(xv)the maintenance of a register of registered graduates;

(xvi)the admission of students of the University and their enrollment and continuance, as such;

(xvii)the fees that may be charged by the University for any purpose;

(xviii)the courses of study to be laid down for all degrees, diplomas and certificates of the University;

(xix)the degrees, diplomas, certificates and other academic distinctions to be awarded by the University, the qualifications- for the same, and the steps to be taken relating, to the granting and obtaining of the same;

(xx)laying down conditions for conferral of degrees and other academic distinctions for research;

(xxi)the maintenance of discipline among the students of the University;

(xxii)the conditions of residence of the students of the University and the levy of fees for residence in hostels;

(xxii)the recognition and management of hostels not maintained by the University;

(xxiv)the special arrangements, if any, which may be made for the residence, discipline and teaching of women students, and prescribing for them special courses of study;

(xxv)the management of colleges and other institutions founded or maintained by the University;

(xxvi)constitution of a Selection Committee for appointment of teachers; (xxvii) number, qualifications and conditions of appointment including pay scales and other emoluments of teachers of the University;

(xxviii)the duties of teachers of the University;

(xxix)the date on or before which the annual report shall be submitted to the Board;

(xxx)the mode of execution of contracts or agreements by or on behalf of the University;

(xxxi)all other matters which by this Act are to be or may be provided for by the Statutes.

39. Statutes how made.

(1)The first Statutes with regard to matters set out in Section 38 shall be made by the State Government and a copy thereof shall be laid on the table of the Legislative Assembly and they shall be subject to such additions and alterations as may be agreed to by the Legislative Assembly but without prejudice to the validity of anything-previously done thereunder.

(2)The Board may from time to time make new or additional Statutes and may amend or repeal the Statutes in the manner hereinafter in this section provided.

(3)The Academic Council may propose to the Board the draft of any new Statute or amendment of any existing Statutes to be passed by the Board and such draft shall be considered by the Board at its next meeting :Provided that the Academic Council shall not propose the draft of any Statutes or of any amendment of a Statute affecting the status, power or constitution of any existing authority of the University until such authority has been given an opportunity to express its opinion upon the proposal and any opinion so expressed shall be considered by the Board.

(4)The Board may approve any such draft as is referred to in sub-section (3) and pass the-Statute or reject it or return it to the Academic Council for reconsideration, either in whole or in part, together with any amendments which it may suggest.

(5)Any member of the Board may propose to the Board, the draft of any new Statute or amendment to existing Statute and the Board may either accept or reject the proposal, if it relates to a matter not falling within the purview of the Academic Council, and in case such draft relates to a matter within the purview of the Academic Council, the Board shall refer it for consideration to the Academic Council, which may either report to the Board that it does not approve the proposal, which shall then be deemed to have been rejected by the Board, or submit the draft to the Board in such form as the Academic Council may approve, and the provisions of this section shall apply in the case of a draft so submitted as they apply in the case of a draft proposed to the Board by the Academic Council:

(6)A new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the previous approval of the Chancellor who may sanction, disallow or remit it for further-consideration.

40. Regulations.

(1)The authorities and other bodies of the University may make Regulations consistent with this Act and the Statutes for:-

(a)laying down the number of members required to form a quorum and the procedure to be observed at the meeting;

(b)providing for all matters which by this Act, and the Statutes are to be provided for by the Regulations; and

(c)providing for any other matters solely concerning such authorities and bodies and not provided for by this Act and the Statutes.

(2)Every authority of the University shall make regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings.

(3)The Board may direct the amendment, in such manner as it may specify, or any Regulations made under this section on the annulment of any Regulations made under sub-section (I) by any authority of the University.

(4)The Academic Council may, subject to the provisions of the Statutes, make Regulations, providing for course of study for the various examinations and degrees of the University after receiving drafts of the same from the Faculty concerned.

(5)The Academic Council may either approve or reject or alter the draft received from the Faculty or return it to the Faculty for further consideration together with its own suggestions.Chapter - VII Annual Reports and Accounts etc.

41. Annual report.

- The annual report of the University shall be prepared under the direction, of the Vice-Chancellor and shall be submitted to the Chancellor and the State Government and shall be placed before the State Legislature.

42. Accounts and audit.

(1)The annual accounts and balance sheet 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 sources and all amounts disbursed or paid shall be entered in the accounts.

(2)The annual accounts and balance sheet shall be submitted by the Board to the State Government which shall cause an audit to be carried out by such person as it may direct.

(3)The accounts when audited shall be printed and copies thereof shall, together with the copies of the Audit Report, be submitted by the Vice-Chancellor to the Board, which shall forward them to the State Government with such comments as may be deemed necessary and audit report with comments of the Board shall be placed before the State Legislature.Chapter - VIII Supplementary Provisions

43. Disputes as to constitution of University Authorities and Bodies.

- If any question arises regarding the interpretation of any provision of this Act or of any statute, or regulation or as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final:Provided that before taking any such decision the Chancellor shall give the person or persons affected thereby reasonable opportunity of being heard.Explanation. - In this Section, the expression "body" includes any committee constituted by or under this Act

44. constitution of committee.

- Where any authority of the University is given power by this Act or the Statutes to appoint committees, such committees shall, save as otherwise provided, consist of members of the authority concerned and of such other persons, if any, as the authority in each case may think fit.

45. Filling of casual vacancies.

- Save as otherwise provided in this Act, all casual vacancies among the members other than ex-officio members of any authority or other body of the University shall be filled, as soon as convenient by the person or body who appointed, elected or co-opted the member whose place has become vacant, and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

46. Vacancy etc. not to invalidate proceedings.

- No act of the University or any authority or other body thereof shall be invalid merely by reason of -

(a)any vacancy in, or defect in the constitution of; or

(b)any defect in the election, nomination or appointment of a person acting as a member thereof; or

(c)any irregularity in its procedure not affecting the merits of the case.

47. Conditions of services.

(1)Every salaried officer and teacher of the University shall be appointed under a written Conditions of contract which shall be lodged with the Vice-Chancellor and a copy thereof shall be furnished to services, the officer or teacher concerned.

(2)No such officer or teacher as is referred to in sub-section (1) shall be offered nor shall he accept any remuneration for any work in or outside the University except as may be provided by the Statutes.

(3)Any dispute arising out of n contract, between the University and any of its officers or teachers shall, at the request of officer or the teacher concerned or at the instance of the University be referred by the Chancellor to a Tribunal of arbitration consisting of one member appointed by the Board, one nominated by the officer, or-teacher concerned and. an umpire appointed by the Chancellor, and the decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the Tribunal.

(4)Every request under sub-section (3) shall be deemed to be submission to arbitration upon the terms of this Section within the meaning of the Arbitration and Conciliation Act, 1996 (No. 26 of 1996) and all the provisions of that Act shall apply accordingly.

48. Pension and provident fund.

(1)University shall constitute for the benefit of its officers, teachers, clerical staff and employees in such, manner and subject to such conditions as may be prescribed by the Statutes such pension, insurance and provident fund as it may deem fit.

(2)Where any such provident fund has been so constituted, the Chancellor may declare that the provisions of the Provident Fund Act, 1925 (No. 19 of 1925), shall apply to such fund as if it were a Government Provident Fund.

49. Protection of acts and orders.

- All acts and orders in good faith done and passed by University shall be final and no suit shall be instituted or damage claimed for anything done or committed in pursuance of the Act, Statutes and Regulations.

50. Appointed of The first Vice-Chancellor and his extra-ordinary Power.

(1)The first Vice-Chancellor shall be directly appointed by the Chancellor in consultation with the State Government as soon as practicable after the commencement of this Act for a period not exceeding eighteen months.

(2)The first Vice-Chancellor shall have the following powers, namely : -

(a)with the previous approval of the Chancellor to make additional Statutes to provide for any matter not provided for by the First Statutes;

(b)with the previous approval of the Chancellor to constitute pro visional authorities and bodies and on their recommendations to make rules providing for conduct of the work of the University;

(c)subject to the control of the Chancellor to make such financial arrangements and to incur such expenditure as may be necessary to enable this Act or any part thereof to be brought into operation;

(d)with the sanction of the Chancellor to make such appointments as' may be necessary to enable this Act or any part thereof to brought into operation;

(e)with the previous sanction of the Chancellor to appoint committees, as he may think fit, to discharge such of his functions, as he may direct; and

(f)generally to exercise all or any of the powers conferred on the Board by this Act or the Statutes.

(3)Any order passed by the Vice-Chancellor in exercise of the powers conferred by items (b), (d) and (e) of sub-section (2) shall continue to have effect until it is modified or set aside by the authority or body competent to deal with it in accordance with the provisions of this Act.

51. Appointed of teachers Board.

- No person shall be appointed by the Board as a salaried teacher of the University except on the recommendation of a selection committee constituted for the purpose in accordance with the provisions of the Statutes.

52. Salaries of teachers.

- The payment of salaries to the teachers of the University shall be in accordance with the scales fixed by Statute-with prior approval of the State Government.

53. Term of office of member of the authority of the University.

(1)Whenever any person becomes a member of any authority by virtue of the office held by him he shall forthwith cease to be a member of such authority if he ceases to hold such office before the expiry of the term of his membership :Provided that he shall not be deemed to have ceased to hold his office merely by reason of his proceeding on leave for a period not exceeding four months.

(2)Whenever any person becomes a member of any authority, as a representative of another body, whether of this University or not, he shall cease to be a member of such authority, if before the expiry of his term he cease to be a member of the body by which he was nominated, appointed or elected.

54. Resignation of member or officer of University.

- (I) Any member, other than an ex-officio member of the Board, Academic Council or any other University Authority or Council or any Dean of a Faculty, may resign by letter addressed to the Registrar, and the resignation shall take effect as soon as the letter is received by the Registrar.

(2)Any officer of the University whether salaried or otherwise other than a Dean, may resign his office by letter addressed to the Registrar and such resignation shall take effect from the date on which the same is accepted by the authority competent to fill the vacancy or automatically on the expiry of the three months from the date of the receipt of resignation by the Registrar whichever is earlier.

55. Removal from membership of any authority or Board of University.

- The Chancellor may on the request of the Board remove any person from the membership of any authority including the Board, of the University on the ground that such person has been convicted of any offence involving moral turpitude :Provided that no order" for removal shall be passed against any person without giving him an opportunity of being heard :Provided further that nothing in this Section shall apply where the person concerned is a member in his capacity as a member of the Legislative Assembly of the State.

56. Removal of difficulties.

(1)If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in Gazette, make such provisions not inconsistent with the provisions of this Act as may appears to be necessary for removing the difficulties :Provided that no order shall be made under this Section after the expiry of two years from the commencement of this Act.

(2)Every order under this Section shall be laid, as soon as may be after it is made, on the table of the Legislative Assembly.

57. Transfer of property personnel.

(1)As from such date as the State Government may, by notification, specify in this behalf all constituent colleges of the Jawaharlal Nehru Krishi Vishwavidyalaya situated in the areas specified in sub-section (1) of Section 6 imparting instruction in Agriculture, Horticulture, Veterinary Science and Animal Husbandry or any other allied subjects for bachelors degree or higher and all research stations within those areas which are operated for carrying put research in agriculture and allied sciences together with lands, hostels and other buildings, furniture, library books, laboratories, stores, instruments, apparatus, appliances and equipments and livestock belonging to such colleges and stations and the budget programme made for them shall be transferred to and vest in the University.

(2)On and from the date of transfer of any college or research station under sub-section (1) the following consequences shall ensue, namely : -

(a)the employees of the Jawaharlal Nehru Krishi Vishwavidyalaya-

(i)who were working in or were attached to the colleges or research stations situated within the jurisdiction of the University on the said date; or

(ii)who but for their temporary absence from such colleges or research stations on account of any cause would have been working in or remained attached thereto on the said date; or

(iii)except the employees who have been recruited against the separate cadre posts, created in College of Horticulture, Mandsaur, College of Agriculture, Tikamgarh and Ganjbasoda and College of Veterinary Science and Animal Husbandry, Rewa, who opt for transfer to the--University and are permitted by the Committee constituted by the State Government for the purpose within a period of six months or a. period as extended by the State Government, shall become the employees of the University and shall be thereafter be governed by the terms and conditions governing the services under the University :

Provided that the terms and conditions offered by the University to such employees consequent upon their absorption in the service of the University shall not be less favourable than those applicable to such employees prior to the said date;

(b)any right, privilege, obligation or liability acquired accrued or incurred by the Jawaharlal Nehru Krishi Vishwavidyalaya in respect of the college or research station, as the case may be, shall be deemed to be the right, privilege obligation or liability acquired, accrued or incurred by the University;

(c)any contract entered into by the Jawaharlal Nehru Krishi Vishwavidyalaya in respect of the college or research station, as the case may be, shall be deemed to be contract entered into by the University.

(3)Nothing in this section shall be deemed to authorize the University to sell, lease, exchange, or otherwise dispose of any land or building of any college or research station, transferred to the University under sub-section (1) except with the prior concurrence of the State Government.

58. State government to assume financial control in circumstances.

(1)If the State Government is satisfied that owing to maladministration or financial mismanagement in the University a situation has arisen whereby financial stability of University has become insecure, it may, by a notification, declare that the finances of the University shall be subject to the control of the State Government.

(2)Every notification issued under sub-section (1) shall, in the first instance, remain in-operation for a period of one year form the date specified in the notification and the State Government may, from time to time, by a like notification, extend the period of operation by such further period as it may think fit, provided that the total period of operation does not exceed three years.

(3)During the period the notification issued under sub-section (1) remains in operation, the executive authority of the State Government shall extended to the giving of directions to the said University to observe such canons of financial propriety as may be specified in the direction and to the giving of such other directions as the State Government may deem necessary and adequate for the purpose.

(4)Notwithstanding anything contained in this Act, any such directions may include :

(i)a provision requiring the submission of the budget to the State Government for sanction;

(ii)a provision requiring the University to submit every proposal involving financial implications to the State Government for sanction;

(iii)a provision requiring the submissions of every proposal for revision of scales of pay and rates of allowances of the officers, teachers and other persons employed, by the University to the State Government for sanction;

(iv)a provision requiring the reduction of salaries and allowances of all or any class of persons employed by University;

(v)a provision' requiring the reduction in the number of officers, teachers and other persons employed by University;

(vi)a provision requiring the lowering down of scales of pay and rates of allowances;

(vii)a provision in regard to such other matters as may have the effect of reducing the financial strength on the University.

(5)Notwithstanding anything contained in this Act, it shall be binding on every authority of the University and every officer of the University to give effect to the direction given under this section.

(6)Every officer of the University shall be personally liable for misapplication of any fund or property of the University as a result of non-compliance of the direction given under this section to which he shall have been a party or which shall have happened through or been facilitated by gross neglect of his duty as such officer, and the loss so incurred shall, on a certificate issued by the Secretary to Government Madhya Pradesh. Farmer's Welfare and Agriculture Development Department, be recovered from such officer as an arrear of land revenue :Provided that no action to recover the amount of loss as an arrear of land revenue shall be taken until reasonable opportunity has been given to the person concerned to furnish an. explanation and such explanation has been considered by the State Government.

59. Special Provision for better administration of University in certain circumstances.

(1)If the State Government on receipt of a report or otherwise, is satisfied that a situation has arisen in which the administration of the University cannot carried out in accordance with the provisions of the Act, without detriment to the interests of the University, and it is expedient in the interest of the University so to do, it may by notification for reasons to be mentioned therein, direct that the provisions of sub-section (2), (3), (4) and (5) shall, as from the date specified in the notification (hereinafter in this section referred to as the appointed date), apply to the University.

(2)The notification issued under sub-section (1) (hereinafter referred to as the notification) shall remain in operation for a period of one year from the appointed date and the State Government may, from time to time, extend the period by such further period as it may think fit so however that the total period of operation of the notification does not exceed three years.

(3)As from the appointed date the Vice-Chancellor, holding office immediately before the appointed date, shall notwithstanding that the term of office has not expired vacate his office, and the Chancellor shall immediately after the issue of the notification appointed the Vice-Chancellor who shall hold, office during the period of operation of the notification ;Provided that the Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government and may be, removed by the Chancellor in the like manner :Provided further that the Vice-Chancellor may notwithstanding the expiration of the period of operation of the notification, continue to hold office thereafter until his successor enters upon office but this period shall not exceed one year.

(4)As from the appointed date the following consequences shall ensue, namely :-

(i)every person holding office as a member of the Board or the Academic Council, as the case may be, immediately before the appointed date shall cease to hold that office;

(ii)until the Board or Academic Council, as the case may be, is reconstituted, Vice-Chancellor appointed under sub-section (3) shall exercise the powers and perform the duties conferred or imposed by or under this Act, on the Board or Academic Council:

Provided that the Chancellor may, if he considers it necessary so to do, appoint a Committee consisting of an educationist, and administrative expert and a financial expert to assist the Vice-Chancellor so appointed in exercise of such powers and performance of such duties

(5)Before the expiration of the period of operation of the notification or immediately as early as practicable, thereafter, the Vice-Chancellor shall take steps to constitute the Board and Academic Council in accordance with the provisions of the Act, and the Board and Academic Council as so constituted shall begin to function on the date immediately following the date of expiry of the period of operation of the notification or the date on which the respective bodies are so constituted whichever is later :Provided that if the Board and Academic Council are not constituted before the expiration of the period of operation of the notification, the Vice-Chancellor shall on such expiration, exercise the powers of each of these authorities subject to prior approval of the Chancellor till the Board or Academic Council, as the case may be, is to constituted.

60. Overriding effect regarding territorial jurisdiction.

- Notwithstanding anything contained in the Jawaharlal Nehru Krishi Vishwavidyalaya Adhiniyam, 1963 (No. 12 of 1963), the Jawaharlal Nehru Krishi Vishwavidyalaya shall cease its territorial jurisdiction on the area enumerated in section 6 of this Act.

61. Repeal and Saving.

(1)The Gwalior Krishi Vishwavidyalaya Adhyadesh, 2008 (No. 4 of 2008) is hereby repealed.

(2)Notwithstanding the repeal of the said Ordinance, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the co- responding provision of this Act.

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