THE UNIVERSITY OF AGRICULTURAL SCIENCES AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2012
(Received the assent of the Governor on the Eighteenth day of September, 2012)
KARNATAKA ACT NO. 38 OF 2012
(First Published in the Karnataka Gazette Extra-ordinary on the Twenty first day of September, 2012)
An Act further to amend the Universities of Agricultural Sciences Act, 2009 and the University of Horticultural Sciences Act, 2009.
Whereas it is expedient further to amend the Universities of Agricultural Sciences Act, 2009 (Karnataka Act 10 of 2010) and the University of Horticultural Sciences Act, 2009 (Karnataka Act 11 of 2010) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Sixty-Third Year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Universities of Agricultural Sciences and certain Other Law (Amendment) Act, 2012.
(2) It shall come into force at once.
2. Amendment of the Universities of Agricultural Sciences Act, 2009.- In the Universities of Agricultural Sciences Act, 2009 (Karnataka Act 10 of 2010),-
(1) in section 2, in clause (27), after the words “Agricultural University”, the words “or Agricultural and Horticultural Sciences University” shall be inserted;
(2) in section 3,-
(a) in sub-section (1), in clause (a), the words Chickamagalur, Shimoga, Udupi, Dakshina Kannada, Kodagu, Chitradurga and Davanagere”, shall be omitted;
(b) after sub-section (2), the following shall be inserted, namely:-
“(2A) There shall be established a university called the University of Agricultural and Horticultural Sciences with its head quarters at Shimoga, having jurisdiction over the districts of Chitradurga, Chickamagalur, Shimoga, Udupi, Dakshina Kannada, Kodagu and Davanagere and shall exercise such powers and shall be responsible for discharge of all the functions of a university established under this Act.
(2B) Notwithstanding anything contained in the University of Horticultural Sciences Act, 2009, the University of Agricultural and Horticultural Sciences, Shimoga shall exercise all the powers and shall be responsible for discharge of all functions of a university established under the said Act within its jurisdiction over the districts specified in sub-section (2A).”
(3) in section 27, after sub-section (4), the following shall be inserted, namely:-
"(4A) Notwithstanding anything contained in sub-section (3), the first Vice- Chancellor of the University of Agricultural and Horticultural Sciences, Shimoga shall be appointed by the Chancellor on the recommendation of the State Government."
(4) in section 28, after sub-section (2), the following shall be inserted, namely:-
"(2A) The Special Officer appointed under sub-section (1) in respect of the University of Agricultural and Horticultural Sciences, Shimoga, shall take necessary steps to establish the University of Agricultural and Horticultural Sciences, Shimoga and shall exercise such of the powers and perform such of the functions of the University as Vice-Chancellor as may be specified by the State Government."
3. Amendment of the University of Horticultural Sciences Act, 2009.- In the University of Horticultural Sciences Act, 2009 (Karnataka Act 11 of 2010),-
(1) in section 4, in sub-section (1), after the words “University shall”, the words “except Shimoga, Chitradurga, Chickamagalur, Udupi, Dakshina Kannada, Kodagu and Davanagere Districts” shall be inserted;
(2) in the Schedule, under the heading "I. University of Agricultural Sciences, Bangalore" the entries 1, 2, 3, 5 and 6 shall be omitted.
4. Transitory provisions.- Notwithstanding anything contained in the Universities of Agricultural Sciences Act, 2009 (Karnataka Act 10 of 2010) and the University of Horticultural Sciences Act, 2009 (Karnataka Act 11 of 2010), on and from the date of commencement of the Universities of Agricultural Sciences and Certain Other Law (Amendment) Act, 2012,-
(a) all constituent colleges, research centers, attached hostels, other buildings together with the articles of furniture, libraries, books, laboratories, stores, instruments, apparatus, appliances and equipment and all other property both moveable and immoveable, research and other institutions owned and managed by the University of Agricultural Sciences, Bangalore or the University of Horticultural Sciences, Bagalkot, prior to the commencement of this Act, situated within the territorial jurisdiction of the University of Agricultural and Horticultural Sciences, Shimoga shall alongwith all the properties, assets, liabilities and obligations stand transferred to and vest in the University of Agricultural and Horticultural Sciences, Shimoga:
Provided that the State Government may grant to the University of Agricultural and Horticultural Sciences, Shimoga such additional development grant as it may deem fit for developing a campus at Shimoga.
(b) any student who was studying for any examination of the University of Agricultural Sciences, Bangalore or the University of Horticultural Sciences, Bagalkot prior to the commencement of this Act, in the colleges transferred to the University of Agricultural and Horticultural Sciences, Shimoga shall be permitted to complete his course in the University of Agricultural and Horticultural Sciences, Shimoga which shall make arrangements for holding for such students examinations for such period as may be prescribed in accordance with the curricula of that University;
(c) if the University of Agricultural Sciences, Bangalore or the University of Horticultural Sciences, Bagalkot has prior to the commencement of this Act, held any examination, the results of which has been published, but degree or diplomas relating thereto have not been conferred or the results of any such examination have not been declared though the course requirements are completed then the University of Agricultural Sciences, Bangalore or the University of Horticultural Sciences, Bagalkot, may declare the results and confer the degree.
(d) every teacher and other employee of the University of Agricultural Sciences, Bangalore or the University of Horticutural Sciences, Bagalkot serving in or attached to any of the institutions situated within the territorial jurisdiction of the University of Agricultural and Horticultural Sciences, Shimoga before the date of commencement of this Act, shall as from such date stand transferred to the appropriate cadre or category of posts in the University of Agricultural and Horticultural Sciences, Shimoga;
(e) any teacher or other employee of the University of Agricultural Sciences, Bangalore or the University of Horticultural Sciences, Bagalkot, who desires to get transferred to the University of Agricultural and Horticultural Sciences, Shimoga may within ninety days or within such further period not exceeding six months as the State Government may by order direct, apply to the State Government for transfer to the University of Agricultural and Horticultural Sciences, Shimoga and the decision of the State Government thereon shall be final;
(f) the State Government may in consultation with the Vice-Chancellors of the University of Agricultural Sciences, Bangalore, the University of Horticultural Sciences, Bagalkot and the University of Agricultural and Horticultural Sciences, Shimoga, determine the excess teaching and other employees, if any, in these Universities and transfer the staff so in excess to the University of Agricultural Sciences, Bangalore or the University of Horticultural Sciences, Bagalkot or the University of Agricultural and Horticultural Sciences, Shimoga as the case may be, after following such principles and procedure as it may consider appropriate;
(g) any privilege enjoyed from the University of Agricultural Sciences, Bangalore or the University of Horticultural Sciences, Bagalkot, by the colleges or educational institutions situated within the territorial jurisdiction of the University of Agricultural and Horticultural Sciences, Shimoga before the commencement of this Act, shall be deemed to be withdrawn and all such colleges or educational institutions previously admitted to the privileges of or affiliated to the University of Agricultural Sciences, Bangalore or the University of Horticultural Sciences, Bagalkot, shall be deemed to be admitted to the privilege of, or affiliated to the University of Agricultural and Horticultural Sciences, Shimoga.”
5. Removal of difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the official Gazette, make such provision as may appear to it be necessary or expedient for the purposes of removing the difficulty:
Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.
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