KARNATAKA UNIVERSITIES OF AGRICULTURAL SCIENCES ACT, 1963
Karnataka Act No. 22 of 1963
LEGISLATIVE HISTORY 6
Amended by Karnataka Act No. 3 of 1976
Amended by Karnataka Act No. 36 of 1985
Amended by Karnataka Act No. 14 of 1986
Amended by Karnataka Act No. 40 of 1987
Amended by Karnataka Act No. 13 of 1988 and as on 1.4.2004.
Adopted by the Karnataka adaptation of laws order 1973 w.e.f. 1.11.1973.
(First published in the Odopted by the [Karnataka Gazette] on the Sixth day of June, 1963.)
(Received the assent of the President on the Twenty-fifth day of May, 1963.)
An Act to establish and incorporate [Universities] for the development of agriculture, animal husbandry and allied sciences in the [State of Karnataka].
Whereas it is expedient to establish and incorporate [Universities] for the development of agriculture, animal husbandry and allied sciences in the [State of Karnataka] and matters connected therewith;
Be it enacted by the [Karnataka] State Legislature in the Fourteenth Year of the
Republic of India as follows:-
Chapter I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called [the Karnataka Universities] of Agricultural Sciences Act, 1963.
(2) It extends to the whole of the [State of Karnataka].
(3) It shall come into force on such [date] as the State Government may, by notification in the official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(1) "Academic Council" means the Academic Council of the University;
[(1A) "Amendment Act" means the University of Agricultural Sciences (Amendment) Act, 1986;]
(2) "agriculture" means the basic and applied sciences of soil and water management, crop production including production of all garden crops, animal husbandry, including dairying and veterinary science, fisheries, farm forestry, home economics, agricultural engineering and technology, marketing, processing, cooperation, land use and management and the economic and social uplift of the rural people;
(3) "Board" means the Board of Regents of the University;
(4) "college" means a constituent college of the University;
(5) "Division" means a Division constituted by the University;
(6) "prescribed" means prescribed by the Statutes of the University;
(7) "Statutes" and "Regulations" means respectively the Statutes and Regulations of the University made under this Act;
(8) "student of the University" means a person enrolled in the University for undergoing a course of study for a degree, diploma or other academic distinction duly instituted;
(9) "teacher" means a person appointed or recognised by the University for the purpose of imparting instruction or conducting and guiding research or extension programmes and includes a person declared by the Statutes to be a teacher;
[(10) "University" means a University established and incorporated under section 3.]
Chapter II
[The Universities]
3. [Establishment and Incorporation of the Universities]. - (1) There shall be constituted in, and for the [State of Karnataka] a University by the name of the University of Agricultural Sciences, which shall consist of a Chancellor, a Pro- Chancellor, a Vice-Chancellor, a Dean, a Board of Regents and an Academic Council.
[(1A) Notwithstanding anything contained in sub-section (1), on and from the date of the commencement of the Amendment Act,-
(a) the University established under sub-section (1), shall cease to have territorial jurisdiction over the area comprising the districts of Belgaum, Bellary, Bidar, Bijapur, Dharwad, Gulbarga, Raichur and Uttara Kannada, and shall be called as the University of Agricultural Sciences, Bangalore with headquarters at Bangalore; and
(b) there shall be established a university of agricultural sciences called as the University of Agricultural Sciences, Dharwad having territorial jurisdiction over the area comprising the Districts of Belgaum, Bellary, Bidar, Bijapur, Dharwad, Gulbarga, Raichur and Uttara Kannada with headquarters at Dharwad, which shall consist of Chancellor, a Pro-Chancellor, a Vice-Chancellor, a Dean, a Board of Regents and an Academic Council.]
(2) The University shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the said name.
(3) The University shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which may have become vested in or been acquired by it for the purposes of the University and to borrow moneys from the Central Government, the State Government or from any body corporate approved by the State Government, and to contract and to do all other things necessary for the purposes of this Act.
(4) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on, the Registrar.
[(5) x x x]
4. Objects of the University. - The University shall be deemed to be established and incorporated for the following purposes, namely:-
(a) making provision for imparting education in different branches of study particularly agriculture, horticulture, veterinary and animal science, fisheries, agricultural engineering, home economics and other allied sciences;
(b) furthering the advancement of learning and research, particularly in agricultural and other allied sciences;
(c) undertaking the extension of such sciences to the rural people of the State; and
(d) such other purposes as the State Government may, by notification in the official Gazette, specify.
5. Admission to the University. - (1) The University shall, subject to the provisions of this Act and the Statutes, be open to all persons:
Provided that nothing in this section shall 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.
(2) Subject to the proviso to sub-section (1), the State Government may direct that the University shall reserve in colleges seats for women, the Scheduled Castes and the Scheduled Tribes, [agriculturists or the children of agriculturists who possess the minimum qualifications prescribed in this behalf and who pass such practical tests in agriculture as the State Government may by order specify, children and wards of freedom fighters, defence personnel and ex-servicemen] and such socially and educationally backward classes of citizens as may be declared by the State Government in this behalf, and where such direction has been given, the University shall make the reservation accordingly.
[Explanation. - For the purposes of this sub-section (1) "agriculturist" means a person who, as owner or tenant holds land and whose main source of income is from personal cultivation of the land and includes any person whose principal means of livelihood is from manual labour on agricultural lands;
(2) "Freedom fighter" means a person of the category declared by the State Government from time to time as such.]
6. Powers of the University. - The University shall have the following powers, namely: -
(1) to provide for instruction in agriculture, horticulture, veterinary and animal science, dairying, fisheries, agricultural engineering, home economics and other allied sciences and in such other branches of learning as the University may deem fit;
(2) to make provision for research and the dissemination of the findings of research and technical information through an extension education programme;
(3) to institute degrees, diplomas and other academic distinctions;
(4) to institute courses of study and to hold examinations for and to confer degrees, diplomas 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;
(5) to confer honorary degrees or other distinctions as may be prescribed;
(6) to provide lectures and instruction for field workers, village leaders and others persons not enrolled as regular students of the University and to grant certificates to them as may be prescribed;
(7) to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine;
(8) [to establish and maintain] colleges relating to agriculture, fisheries dairying, veterinary and allied sciences and hostels therefor;
(9) to maintain laboratories, libraries, research stations and institutes, and museums for teaching, research and extension education;
(10) to institute teaching, research and extension education posts required by the University and to appoint persons to such posts;
(11) to create administrative, ministerial and other posts and to appoint persons to such posts;
(12) to institute and award fellowships, scholarships and prizes in accordance with the Statutes;
(13) to institute and maintain residential accommodation for students of the University;
(14) to fix, demand and receive such fees and other charges as may be prescribed;
(15) 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;
(16) to do all such acts and things whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University.
[6A. Affiliation or admission to privileges etc. - No educational institution situate within the State of Karnataka imparting education of the type specified in section 4 or for the purposes specified therein shall be associated in any way with or be admitted to any privileges of and affiliated to any other University outside the State of Karnataka and any such affiliation granted by any such other University to any such institution within the State of Karnataka prior to the commencement of the University of Agricultural Sciences (Amendment) Act, 1985 shall be deemed to be withdrawn from the date of such commencement.]
7. Transfer of certain colleges and institutions to the University. - (1) Notwithstanding anything contained in the Karnataka University Act, 1949, and the Mysore University Act, 1956, or the Statutes, Ordinances, Regulations and orders made thereunder the College of Agriculture, Dharwar, the College of Agriculture, Hebbal, and the Mysore Veterinary College, Hebbal, shall, as from such date as the State Government may by notification in the official Gazette specify (hereinafter in this section referred to as the appointed day), be disaffiliated from the Karnataka University or the University of Mysore, as the case may be, and shall be maintained by the University as constituent colleges.
(2) The control and management of the colleges specified in sub-section (1), shall, as from the appointed day, stand transferred to the University and all the properties and assets, and liabilities and obligations, of the State Government in relation thereto shall stand transferred to, vest in, or devolve upon, the University.
(3) Notwithstanding anything contained in this Act or the Statutes and Regulations made thereunder, any student of a college specified in sub-section (1), who was studying for any examination of the Karnataka University or the University of Mysore shall be permitted to complete his course in preparation therefor, and the University shall make arrangements for holding for such students, examinations, for such period as may be prescribed, in accordance with the curricula of studies of the Karnataka University or the University of Mysore, as the case may be.
(4) The control and management of such research and educational institutions of the Department of Agriculture, the Department of Animal Husbandry and the Department of Fisheries of the State Government shall, as from such date as the State Government may by order specify, be transferred to the University, and thereupon all the properties and assets, and liabilities and obligations, of the State Government in relation to such institutions shall stand transferred to, vest in, or devolve upon, the University.
(5) Every person employed in any of the colleges specified in sub-section (1) or in any of the institutions referred to in sub-section (4) immediately before the appointed day or the date specified in the order under sub-section (4), as the case may be, shall, as from the appointed day or the specified date, become an employee of the University on such terms and conditions as may be determined by the State Government in consultation with the Board:
Provided that no such person who is allotted or deemed to be allotted to serve in connection with the affairs of the [State of Karnataka] under section 115 of the States Reorganisation Act, 1956, shall be transferred to the University except with the consent of such person.
[7A. Transfer of certain colleges and institutions to the University of Agricultural Sciences, Dharwad. - (1) Notwithstanding anything contained in this Act on and from the date of the commencement of the Amendment Act,-
(a) all colleges, 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 and research and other institutions owned and managed by the University referred to in sub-section (1) of section 3, prior to the commencement of the Amendment Act, situated within the territorial jurisdiction of the University of Agricultural Sciences, Dharwad shall along with all the properties, assets, liabilities and obligations stand transferred to and vest in the University of Agricultural Sciences, Dharwad:
Provided that the State Government may grant to the University of Agricultural Sciences, Dharwad such additional development grant as it may deem fit for developing a campus at Dharwad.
(b) (i) any student who was studying for any examination of the University referred to in sub-section (1) of section 3, prior to the commencement of the Amendment Act, in the colleges transferred to the University of Agricultural Sciences, Dharwad, shall be permitted to complete his course in the University of Agricultural Sciences, Dharwad, 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;
(ii) if the University referred to in sub-section (1) of section 3, has prior to the commencement of the Amendment Act held any examination the result of which have not been declared though the course requirements are conferred or issued or the results of any such examination have not been declared though the course requirements are completed then the University of Agricultural Sciences Bangalore may declare the results and confer the degree.
(c) every teacher and other employee of the University referred to in sub-section (1) of section 3 and serving in or attached to any of the institutions situated within the territorial jurisdiction of the University of Agricultural Sciences, Dharwad, before the date of commencement of the Amendment Act, shall as from such date stand transferred to the appropriate cadre or category of posts in the University of Agricultural Sciences Dharwad:
Provided that any teacher or other employee so transferred may within ninety days or within such further period not exceeding six months as the State Government may by order direct, from the date of commencement of Amendment Act apply to the State Government for transfer to the University of Agricultural Sciences, Bangalore and the decision of the State Government thereon shall be final;
(d) any teacher or other employee of the University of Agricultural Sciences, Bangalore who desires to get transferred to the University of Agricultural Science, Dharwad may within ninety days or within such further period not exceeding six months as the State Government may by order direct, from the date of commencement of the Amendment Act, apply to the State Government for transfer to the University of Agricultural Sciences, Dharwad and decision of the State Government thereon shall be final;
(e) the State Government may in consultation with the Vice-Chancellors of the University of Agricultural Sciences. Bangalore and the University of Agricultural Sciences, Dharwad, 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 Agricultural Sciences, Dharwad, as the case may be, after following such principles and procedure as it may consider appropriate.]
[8. Inspection and control. - (1) The Chancellor shall, if so [requested] by the State Government and may, suo-moto cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories, libraries, museums, hostels, workshops and equipment and any institution maintained, administered, recognised or approved by the University and also of the examinations, teaching and other work conducted or done by the University, and to cause an inspection or an inquiry to be made in like manner in respect of any matter connected with the University.
(2) The person or persons directed to make an inspection or inquiry under subsection (1) shall have access for that purpose to the concerned institutions and premises and to such accounts or other records as may be necessary.
(3) The said person or persons shall submit a report of the result of the inspection or inquiry to the Chancellor and shall forward a copy thereof to the State Government.
(4) The State Government may address the Vice-Chancellor with reference to any matter referred to in the report indicating its observations and the Vice-Chancellor shall communicate them to the Board for taking necessary action.
(5) The Board shall communicate to the State Government through the Vice-Chancellor such action, if any, as it has taken or proposes to take.
(6) Where the Board does not within a reasonable time, take action to the satisfaction of the State Government, or fails to take any action the State Government may, require the Vice-Chancellor or issue such directions as are necessary and the Board shall be bound to comply with the same.
(7) The Board shall furnish returns, statements, accounts or other particulars relating to the administration of the University as the State Government may, from time to time, require.
(8) Notwithstanding anything in the preceding sub-sections, the State Government, may, by order published in the Official Gazette, annul any proceedings of the University which, in its opinion is not in conformity with this Act and the Statutes:
Provided that before making any such order the State Government shall call upon the University to show cause why such an order should not be made and if any cause is shown within a reasonable time, shall consider the same.
(9) Every order passed under sub-section (8) shall, as soon as may be, be laid before both Houses of the State Legislature.]
Chapter III
Officers of the University
9. Officers of the University. - The following shall be the officers of the University, namely: -
(1) The Chancellor,
(2) The Pro-Chancellor,
(3) The Vice-Chancellor,
(4) The Dean,
(5) The Comptroller,
(6) The Registrar,
(7) The Librarian,
[(8) The Directors of Instruction.]
(11) The Director of Research,
(12) The Director of Extension,
(13) The Heads of Divisions, and
(14) such other officers in the service of the University as may be declared by the Statutes to be officers of the University.
10. The Chancellor. - (1) The Governor of the [State of Karnataka] shall by virtue of his office be the Chancellor of the University.
(2) The Chancellor shall be the Head of the University and shall when present, preside at any convocation of the University.
(3) No honorary degree shall be conferred by the University upon any person without the approval of the Chancellor.
(4) The chancellor shall exercise such other powers and perform such other duties as may be conferred or imposed on him by this Act or the Statutes.
11. The Pro-Chancellor. - (1) The Minister for Agriculture for the [State of Karnataka] shall by virtue of his office be the Pro-Chancellor of the University.
(2) The Pro-Chancellor shall exercise such powers and functions of the Chancellor as may be conferred on him by or under this Act or under the Statutes. He shall also exercise such other powers and perform such other 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 restrictions and conditions as may be specified in such order.
12. The Vice-Chancellor. - (1) The Vice-Chancellor shall be a whole time officer of the University.
[(2) The Vice-Chancellor shall be appointed by the Chancellor out of a panel of names recommended by a selection committee consisting of a person nominated by the Chancellor, the Director General, Indian Council of Agricultural Research, the Chairman, University Grants Commission or his nominee and a person nominated by the State Government. No person nominated as a member of the committee shall be connected with the University or any institution, maintained or administered by the University. The Chancellor shall appoint one of the members to be the Chairman of the Committee:
Provided that if the Chancellor does not approve any of the names recommended by the committee, he may call for fresh recommendations from the committee.]
Provided that if none of the persons recommended by the committee is willing to accept the appointment, the Chancellor may call for fresh recommendation from such committee:
Provided further that the first Vice-Chancellor shall be appointed by the Chancellor on the recommendation of the State Government.
(3) The Committee shall submit the panel to the Chancellor within such period as he may specify. If the Committee fails to submit the panel within the period so specified, the Chancellor may appoint any person whom he deems fit to be the Vice-Chancellor.
[(3A) Notwithstanding anything contained in sub-sections (2) and (3), the first Vice- Chancellor of the University of Agricultural Sciences, Dharwad shall be appointed by the Chancellor on the recommendation of the State Government.]
(4) The term of office of the Vice-Chancellor shall be for a period of three years extensible by order of the Chancellor on the recommendation of the Board to a term not exceeding in the aggregate six months, if on any occasion such extension is considered necessary and for reasons to be specified in such order:
Provided that,-
(a) the Vice-Chancellor may, by writing under his hand addressed to the Chancellor, and after giving three months' notice, resign his office; or
(b) the Vice-Chancellor may be removed from his office in the manner provided in sub-section (5).
(5) The Chancellor may at any time on the recommendation of the Board supported by two-thirds of the members of the Board, by order remove the Vice-Chancellor from his office, if, in the opinion of the Chancellor, his continuance in office is detrimental to the interests of the University:
Provided that no such order shall be made unless the Vice-Chancellor has been given an opportunity to be heard against the action proposed to be taken.
[(6) No person shall be appointed as Vice-Chancellor for more than two terms.
(6A) No person shall be appointed or hold Office as Vice-Chancellor, if he has attained the age of sixty-five years.]
(7) The emoluments and other service conditions of the Vice-Chancellor shall be such as may be determined by the Chancellor, and shall not be varied to his disadvantage after his appointment.
(8) Where a temporary vacancy occurs or is likely to occur in the office of the Vice- Chancellor by reason of leave, illness or other cause other than the expiry of his term, or the Vice-Chancellor is due to absence or otherwise unable to exercise his powers or perform his functions temporarily, the Dean shall until the appointment of a person to act as Vice-Chancellor or until the return of Vice-Chancellor to duty, as the case may be, exercise the powers and perform the functions of the Vice-Chancellor in addition to his own functions. In the absence of the Dean, the Board shall, as soon as possible and subject to the approval of the Chancellor, make such arrangements for carrying on the duties of the office of the Vice-Chancellor as it may think fit, and until such arrangements are made such officer of the University as may be nominated by the Chancellor for the purpose shall carry on the current duties of the office of the Vice-Chancellor.
13. Powers and duties of the Vice-Chancellor. - The Vice-Chancellor shall be the principal executive and academic officer of the University and the ex-officio Chairman of the Board and the Academic Council. He shall, in the absence of the Chancellor and the Pro-Chancellor, preside at a Convocation of the University and shall confer degrees on persons entitled to receive them.
(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 convene meetings of the Board and the Academic Council.
(4) The Vice-Chancellor shall ensure the faithful observance of the provisions of this Act and the Statutes and Regulations, and he shall possess all such powers as may be necessary in that behalf.
(5) The Vice-Chancellor shall be responsible for the presentation of the annual financial estimates and the annual accounts and the balance sheet to the Board.
(6) The Vice-Chancellor may, subject to the control of the Chancellor, take action in any emergency which in his opinion calls for immediate action. He shall in such a case, and as soon as may be thereafter, report his action to the authority which would ordinarily have dealt with the matter.
(7) Where any action taken by the Vice-Chancellor under sub-section (6) affects any person in the service of the University to his disadvantage, such person may prefer an appeal to the Board within thirty days from the date on which such person has notice of the action taken.
(8) Any person aggrieved by the appellate order of the Board may within thirty days from the date of communication of such order to him appeal to the Chancellor and the decision of the Chancellor on such appeal shall be final.
(9) Subject to the provisions of the preceding sub-sections, the Vice-Chancellor shall give effect to the orders of the Board regarding the appointment, suspension and dismissal of officers, teachers and other employees of the University.
(10) The Vice-Chancellor shall be responsible for the proper administration of the University and for a close co-ordination and integration of teaching, research and extension education.
(11) The Vice-Chancellor shall exercise such other powers as may be prescribed.
14. The Dean. - (1) The Dean shall be a whole-time officer of the University and shall be appointed by the Chancellor on the recommendation of the Board.
(2) The term of office and the emoluments and other conditions of service of the Dean shall be such as may be prescribed and shall not be varied to his disadvantage after his appointment.
(3) The Dean shall exercise such powers and perform such functions of the Vice- Chancellor as the Vice-Chancellor may with the approval of the Board delegate to the Dean.
15. The Comptroller. - (1) The Comptroller shall be a whole time officer of the University and shall be appointed by the Chancellor in consultation with the Board.
[(2) The salary and allowances and other conditions of service of the Comptroller shall be such as may be prescribed.]
(3) The Comptroller shall manage the property and investments of the University, and advice in regard to its financial policy. He shall be responsible for all matters relating to the accounts of the University including the preparation of the annual financial estimates and the annual accounts and the balance sheet.
(4) The Comptroller shall,-
(a)ensure that no expenditure not authorised in the financial estimates as approved by the Board, is incurred by the University; and
(b)disallow any expenditure not warranted by the terms of any Statute or for which provision is required to be made by a Statute but has not been made.
16. Registrar. - (1) The Registrar shall be a whole time officer of the University and shall be appointed by the Vice-Chancellor with the approval of the Board.
(2) The salary and allowances and other conditions of service of the Registrar shall be such as may be prescribed.
(3) The Registrar shall be responsible for the due custody of records and the common seal of the University. He shall ex-officio be the Secretary of the Academic Council and the Board, and shall be bound to place before them all such information as may be necessary for the transaction of the business. He shall receive applications for entrance to the University, and shall keep a permanent record of all courses, curricula and other information as may be necessary.
(4) The Registrar shall be responsible for making arrangements for the conduct of the examinations as may be prescribed and shall make all other arrangements necessary therefor and be responsible for the due execution of all processes connected therewith.
(5) The Registrar shall perform such other duties as may be prescribed, or required, from time to time, by the Board or the Vice-Chancellor.
17. The Librarian. - (1) The Librarian shall be appointed by the Vice-Chancellor and shall be in charge of the Library. He shall be responsible to the Vice-Chancellor for all matters concerning the Library.
(2) The salary and allowances and other conditions of service of the Librarian shall be such as may be prescribed.
18. The Directors of Instruction. - (1) [The Directors of Instruction] shall be whole time officers and shall be appointed by the Vice-Chancellor with the approval of the Board.
(2) The salary and allowances and other conditions of service of each Director shall be such as may be prescribed.
(3) Each Director shall be responsible to the Vice-Chancellor for all matters concerning the college or colleges under his control.
(4) Each Director shall be responsible for the organisation and conduct of teaching, research and extension education of the college or colleges under his control.
(5) Each Director shall exercise such other powers and perform such other functions as may be prescribed.
19. The Director of Research. - (1) The Director of Research shall be a whole time officer and shall be appointed by the Vice-Chancellor with the approval of the Board. He shall be responsible for the due performance of the functions of the research stations, and shall co-ordinate research work and exercise such other powers and perform such other functions as may be prescribed.
(2) The salary and allowances and other conditions of service of the Director of Research shall be such as may be prescribed.
20. The Director of Extension. - (1) The Director of Extension shall be a whole time officer of the University and shall be appointed by the Vice-Chancellor with the approval of the Board. He shall be responsible for planning and execution of programmes of extension work based on the results of research work and shall perform such other functions as may be prescribed.
(2) The salary and allowances and other conditions of service of the Director of Extension shall be such as may be prescribed.
21. Heads of Divisions. - (1) There shall be the following Heads of Divisions, namely:-
(i) Head of Basic Sciences and Humanities Division.
(ii) Head of Plant and Soil Sciences Division.
(iii) Head of Horticulture Sciences Division.
(iv) Head of Animal Sciences Division.
(v) Head of Dairying Sciences Division.
(vi) Head of Veterinary Sciences Division.
(vii) Head of Fisheries Sciences Division.
(viii) Head of Home Economics Division.
(ix) Head of Agricultural Engineering Sciences Division.
(2) The Heads of Divisions shall be whole time officers technically trained in the subject concerned and shall be responsible to the Dean and the respective Directors and shall exercise such powers and perform such functions in respect of the Division concerned as may be prescribed.
(3) The salary and allowances and other conditions of service of the Heads of Divisions shall be such as may be prescribed.
22. Officers of the University not to accept any remuneration other than that provided for by Statutes. - The officers of the University shall not be offered nor shall they accept any remuneration for any work in the University save such as may be provided for by the Statutes or other orders regulating their salaries, allowances and other conditions of service.
23. Other Officers. - The powers and duties of the officers of the University referred to in clause (14) of section 9 shall be such as may be prescribed.
Chapter IV
Authorities of the University
24. Authorities of the University. - The following shall be the Authorities of the University, namely:-
(1) The Board of Regents.
(2) The Academic Council.
[(3) The Finance Committee.]
[(4)] The Board of Studies, and
[(5)] such other bodies of the University as may be declared by the Statutes to be the authorities of the University.
25. Constitution of the Board. - (1) The Chancellor shall, as soon as may be after the first Vice-Chancellor is appointed under the second proviso to sub-section (2) of section 12, take action to constitute the Board.
[(2) The Board shall consist of the following members, namely:-
(A) Ex-Officio Members
(i) The Vice-Chancellor;
(ii) The Secretary to the Government of Karnataka, Finance Department or his nominee not below the rank of a Joint Secretary;
(ii) The Secretary to the Government of Karnataka, Agriculture and Horticulture Department or his nominee not below the rank of a Joint Secretary;
(iv) The Secretary to the Government of Karnataka, Education Department or his nominee not below the rank of a Joint Secretary;
(v) The Secretary to the Government of Karnataka, Animal Husbandry, Fisheries and Forest Department or his nominee not below the rank of a Joint Secretary; and
(vi) Dean of the University;
(B) Other Members
(i) Two persons, not being Government servants, or servants of the University, nominated by the Chancellor from among the progressive farmers;
(ii) Two persons, not being Government servants, or servants of the University nominated by the State Government from among persons interested in Agricultural Education;
(iii) One person, not being Government servant, or servant of the University nominated by the State Government from among registered graduates of not less than five years standing of the University;
(iv) A nominee of the Indian Council of Agricultural Research;
(v) One outstanding woman social worker preferably having background of rural advancement nominated by the Chancellor.
The Registrar of the University shall be the Ex-officio, Secretary of the Board.]
(3) The term of office of the members of the Board other than ex-officio members shall be three years:
Provided that the term of office of any member nominated to fill a casual vacancy shall be the residuary term of his predecessor.
(4) Six members of the Board shall form the quorum for a meeting of the Board.
(5) The members of the Board shall not be entitled to receive any remuneration from the University except such daily and travelling allowances as may be prescribed.
26. Powers and duties of the Board. - The Board shall exercise and perform the following powers and duties, namely:-
(a) to approve the financial estimates of the University submitted by the Vice- Chancellor;
(b) to hold and to control the property and funds of the University and issue any general or special instructions on behalf of the University;
(c) to accept the transfer and to dispose of any movable or immovable property on behalf of the University;
(d) to administer public and private funds placed at the disposal of and accepted by the University for specific purposes;
(e) to appoint the officers, teachers and other employees of the University in the prescribed manner and to approve of appointments made by the Vice-Chancellor;
(f) to invest money belonging to the University;
(g) to direct the form and use of the common seal of the University;
(h) to appoint such committees, whether standing or temporary, as it may deem necessary for its proper functioning;
(i) with the approval of the State Government, to borrow, on the security of the property of the University or otherwise, money for purposes of the University;
(j) to meet at such time and in such places as it deems necessary, provided that one ordinary meeting shall be held every quarter, and at least one half of its ordinary meetings shall be held at the seat of the University; and
(k) to regulate and determine all matters concerning the University in accordance with this Act and the Statutes, and to exercise such powers and to discharge such duties as may be conferred or imposed on it by this Act and the Statutes.
27. The Academic Council. - (1) The Academic Council shall be in charge of the academic affairs of the University and shall, subject to the provisions of this Act and the Statutes, superintend, direct and control, and be responsible for, the maintenance of standards of instruction, education and examinations and other matters connected with the conferment of degrees or award of diplomas, and shall exercise such other powers and perform such other duties as may be conferred or imposed on it by the Statutes.
(2) It shall have the right to advise the Vice-Chancellor on all academic matters.
(3) The Academic Council shall consist of the following members, namely:-
(a) The Vice-Chancellor.
(b) The Dean.
[(c) The Directors of Instruction.]
(f) The Director of Research.
(g) The Director of Extension.
(h) The Heads of Divisions.
28. Powers of the Academic Council. - The Academic Council shall, subject to the provisions of this Act and the Statutes, have the power, by Regulations, of prescribing all courses of study and of determining curricula and have general control on teaching, research, and extension education within the University and be responsible for the maintenance of standards thereof. It shall have power to make Regulations consistent with this Act and the Statutes relating to all matters subject to its control and to amend or repeal such Regulations.
(2) In particular and without prejudice to the generality of the foregoing power, the Academic Council shall have power,-
(a) to advise the Board on all academic matters, including the control and management of libraries;
(b) to make recommendations for the institution of Professorships, Associate Professorships, Readerships and teacherships and other teaching posts and in regard to the duties and emoluments thereof;
(c) to formulate, modify or revise schemes for the constitution or reconstitution of Departments of teaching, research and extension education;
(d) to make regulations regarding the admission of students to the University;
(e) to make regulations regarding examinations conducted by the University and the conditions on which students shall be admitted to such examinations;
(f) to make regulations relating to courses of study leading to degrees, diplomas and certificates;
(g) to make recommendations regarding post-graduate teaching, research and extension education;
(h) to make recommendations regarding the qualifications to be prescribed for teachers in the University; and
(i) 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.
[28A. Finance Committee. - (1) There shall be a Finance Committee consisting of the following members, namely:-
(i) The Vice-Chancellor, Ex-officio Chairman;
(ii) Two persons nominated by the Board from amongst its members;
(iii) The Secretary to the Government of Karnataka, Agriculture and Horticulture Department or his nominee not below the rank of a Joint Secretary;
(iv) The Secretary to the Government of Karnataka, Finance Department or his nominee not below the rank of a Joint Secretary.
The Comptroller of the University shall be the Ex-officio, Secretary of the Committee;
(2) The Finance Committee shall perform the following functions, namely:-
(i) scrutinise the annual budget estimates and make its recommendations to the Board;
(ii) conduct the general examinations of the accounts of the University review the yearly audit reports and make its recommendations thereon;
(iii) examine all proposals of the University involving expenditure for which no provision is made in the budget or involving expenditure in excess of the amount provided for in the budget;
(iv) such other functions as may be prescribed by the Statutes.
(3) Notwithstanding anything in the preceding sub-section, the Vice-Chancellor may, in case of urgency and for reasons to be recorded in writing, incur any expenditure not exceeding rupees ten thousand in any one case for which no provision is made in the budget or which is in excess of the provisions made in the budget without reference to the Finance Committee, but such expenditure shall be reported at the next earliest meeting of the Finance Committee.]
29. The Boards of Studies. - There shall be a Board of Studies in each Department of teaching. The Constitution and powers of the Boards of Studies shall be prescribed by the Statutes.
Chapter V
University Funds
30. General Funds. - The University shall have a general fund to which shall be credited,-
(i) its income from fees, endowments and grants, if any;
(ii) contributions or grants, which may be made by the Government on such conditions as it may impose;
(iii) other contributions, receipts, grants, donations and benefactions.
31. Foundation Fund. - (1) The University shall form a fund called the Foundation Fund from contributions and grants made by the Central Government and the State Government for being credited to that fund and of such other sums of the University which may be credited to the said fund.
(2) All the moneys in the Foundation Fund shall be invested in the securities mentioned or referred to in clauses (a) to (d) of section 20 of the Indian Trusts Act, 1882.
32. Pension and Provident Funds. - (1) Where any pension fund, or provident fund has been constituted by the University for the benefit of its officers, teachers or servants, the State Government may declare that the provisions of the Provident Funds Act, 1925 (Central Act 19 of 1925) shall apply to such fund as if it were a Government Provident Fund.
(2) Persons in Government services transferred to the University under section 7 shall be entitled to pension under the [Karnataka] State Civil Services Rules or such other rules as were applicable to them immediately before the transfer and such pension shall be payable by the State Government and shall be an expenditure charged on the Consolidated Fund of the State.
33. Other Funds. - The University may have such other funds as may be prescribed by the Statutes.
34. Management of Funds. - The General Fund, the Foundation Fund and the other funds of the University shall be managed according to the provisions laid down in the Statutes.
35. Government Grants. - (1) The State Government shall, every year, make nonlapsable lumpsum grants to the University as follows:-
(i) a grant not less than the net expenditure incurred in the year 1961-62 on such of the activities and institutions of the Agriculture, Animal Husbandry and other Government departments as are transferred to the University;
(ii) a grant not less than the estimated net expenditure of pay and allowances of staff, contingencies, supplies and services of the University other than in respect of the activities and institutions referred to in clause (i);
(iii) a grant to meet such additional items of expenditure recurring and nonrecurring as the State Government may deem necessary for the proper functioning of the University.
(2) The State Government shall also make a non-lapsable lumpsum grant to the University in respect of schemes included in the Third Five-Year Plan and transferred for implementation by the University, of an amount equal to the net outlay as shown in the annual Plan after deducting the anticipated assistance from the Central Government and other agencies sponsoring such schemes.
(3) Notwithstanding anything contained in sub-section (1) with effect from the seventh financial year after the establishment of the University, in respect of the activities, institutions, staff, contingencies, supplies and services referred to in clauses (i) and (ii) of sub-sections (1), an amount, not less than the average of the actual expenditure incurred in respect of such activities and institutions, staff, supplies and services during the preceding three years, shall be paid every year as non-lapsable lumpsum grant to the University:
Provided that if the University commences to function from any date after the first day of April in any financial year, the grants under clauses (i) and (ii) shall be fixed taking into consideration the expenditure the University will have to incur for the unexpired portion of that financial year.
(4) The University shall furnish statements, accounts, reports and other particulars as the State Government may require before any grant is made by the Government, and shall take such action and furnish such statements, accounts, reports and other particulars relating to the utilisation of any grant, within such time and in such manner as the State Government may direct.
(5) It shall be competent for the University in furtherance of its objects to accept grants from the [Government of Karnataka] or any other State Government or the Central Government or statutory bodies, and endowments or donations under such conditions as may be agreed upon between the University and the grantor or donor.
36. Power of Government to order auditing. - The State Government shall have power at any time to order an audit of the accounts of the University by such auditors as it may direct.
37. Financial Estimates. - (1) The Vice-Chancellor shall cause to be prepared on or before such date as may be prescribed, the financial estimates of the University for the ensuing year and submit the same to the Board for its approval.
(2) The Board may approve the financial estimates subject to such modifications as it deems fit, and no expenditure shall be incurred except in accordance with the financial estimates as approved by the Board.
38. Accounts and auditing. - (1) The annual accounts and the balance sheet of the University shall be prepared under the direction of the Vice-Chancellor and all moneys accruing to or received by the University from whatever source and all amounts disbursed or 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 out by such persons as it may appoint in this behalf. The accounts when audited, shall be printed and copies thereof, together with the audit report, shall be presented by the Vice- Chancellor to the Board and the Chancellor.
(3) The Board shall submit a copy of the accounts and the report to the State Government along with a statement of the action taken by the University on the audit report, and the State Government shall cause the same to be laid before both Houses of the State Legislature.
Chapter VI
Statutes and Regulations
39. Statutes. - Subject to the provisions of this Act, the Statutes may provide for any matter and shall, in particular, provide for the following:-
(a) the constitution, powers and duties of the authorities of the University;
(b) the appointment, and continuance in office of the members of the authorities of the University and of the officers, teachers and other employees of the University including the filling up of vacancies and all other matters relating to those authorities and officers, teachers and other employees, for which it may be necessary or desirable to provide;
(c) the designation, the manner of appointment, the powers and the duties of the officers of the University;
(d) the classification and the manner of appointment of teachers;
(e) the powers and duties of the officers, teachers and other employees of the University;
(f) the constitution of a pension fund, gratuity fund and provident fund for the benefit of the officers, teachers and other employees of the University;
(g) the holding of convocations and conferment of degrees and award of diplomas;
(h) the institution of degrees and diplomas;
(i) conferment of honorary degrees;
(j) the establishment, amalgamation, sub-division and abolition of Divisions;
(k) the establishment and the abolition of hostels maintained by the University;
(l) the institution of fellowships, scholarships, studentship-bursaries, medals and prizes;
(m) the maintenance of a register of registered graduates;
(n) the admission of students to the University and their enrolment and continuance as such;
(o) the courses of study to be laid down for degrees and diplomas of the University.
(p) the conditions under which students shall be admitted to the degree, diploma or other courses and to the examinations of the University, and the eligibility for the conferment of degrees and award of diplomas;
(q) the conditions of residence of the students of the University and the levying of fees for residence in hostels maintained by the University;
(r) the recognition and supervision of hostels not maintained by the University;
(s) the number, qualifications, emoluments and other conditions of service of officers, teachers and other employees of the University, and the preparation and the maintenance of records of their services and activities;
(t) the fees which may be charged by the University for any purpose;
(u) the conditions subject to which persons may be recognised as qualified to give instruction in the hostels;
(v) the conditions and the mode of appointment and the duties of the examining bodies, examiners and moderators;
(w) the conduct of examinations;
(x) the remuneration and allowances including travelling and daily allowances, to be paid to persons employed on the business of the University;
(y) the conditions for the award of fellowships, scholarships, medals and prizes, stipends and fee concessions; and
(z) all other matters, which by this Act are to be or may be provided for by the Statutes.
40. Statutes how made. - (1) The first Statutes with regard to matters set out in section 39 shall be made by the Vice-Chancellor with the approval of the Chancellor.
(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 Statute 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 Statute or of any amendment of a Statute affecting the status, powers, or constitution of any 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 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. In case such a 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.
(7) Every Statute made under this Act shall be published in the official Gazette.
41. Regulations. - (1) The Authorities of the University may, by notification in the official Gazette, make Regulations consistent with this Act and the Statutes,-
(a) laying down the procedure to be observed at their meetings and the number of members required to form the quorum;
(b) providing for the matters which by this Act or the Statutes have to be provided by Regulations;
(c) providing for any other matter solely concerning such authorities 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 meeting and for keeping of a record of the proceedings of the meetings.
(3) The Academic Council may, subject to the provisions of the Statutes, 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 Board of Studies concerned.
(4) The Academic Council may not alter a draft received from the Board of Studies, but may reject the draft or return it to the Board of Studies for further consideration together with the suggestions of the Council.
(5) The Board may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the annulment of any Regulation made under sub-section (1) by any Authority of the University.
Chapter VII
Miscellaneous
42. Vacating of office. - (1) Any member other than an ex-officio member, of any Authority of the University may resign his office by letter addressed to the Registrar.
(2) Any member of any Authority of the University shall cease to be a member on his being convicted by a court of law of an offence which involves moral turpitude.
43. Filling up of casual vacancies. - When any vacancy occurs in the office of a member (other than an ex-officio member) of any Authority of the University before the expiry of the term of the office of such member, the vacancy shall be filled up, as soon as conveniently may be, after the occurrence of the vacancy.
44. Savings of validity of acts and proceedings. - No act done or proceedings taken under this Act shall be questioned merely on the ground,-
(a) of any vacancy or defect in the constitution of any Authority, or
(b) of any defect for irregularity in such act or proceeding not affecting the merits of the case.
45. Disputes as to constitution of University Authorities. - If any question arises regarding the interpretation of any provision of this Act, or of any Statute or Regulation, or as to whether a person has been duly appointed as, or is entitled to be, a member of any Authority of the University, the matter may be referred to the Chancellor, and shall be so referred to him if six members of the Board so require. The Chancellor shall, after taking such advice as he deems necessary, decide the question, and his decision shall be final.
46. Delegation of powers. - The Board may, by Statutes, delegate to any officer or authority of the University any of the powers conferred on it by this Act or by the Statutes to be exercised subject to such restrictions and conditions as may be prescribed.
47. Provision for temporary appointment of certain officers of the University. - Until such time as the Authorities of the University are duly constituted, any officer of the University may be temporarily appointed by the Vice-Chancellor. Such appointment and the terms and conditions thereof shall have the prior approval of the Chancellor.
[47A. Co-ordination committee. - [(1) There shall be a Co-ordination Committee for the Universities of Agricultural Sciences consisting of the following members, namely:-
(i) Pro-Chancellor, who shall be the Chairman;
(ii) Vice-Chancellors;
(iii) Secretary to the Government of Karnataka, Agriculture and Horticulture Department;
(iv) Deans;
(v) Directors of Research;
(vi) Directors of Extension; and
(vii) Registrars.
The Chairman shall appoint one of the Registrars as Secretary of the Committee for a period of one year by rotation.]
(2) The Committee shall discuss matters and make recommendations relating to agricultural education, research and extension education in the State and on any other academic matter.
(3) The Vice-Chancellors shall take necessary action for implementation of the recommendations made by the committee.]
48. Protection of acts and orders. - (1) Save as otherwise provided in this Act, all acts and orders in good faith done and passed by the University or any of its authorities shall be final; and no suit shall be instituted against or damage claimed from the University or its authorities for any thing done or purported to be done in pursuance of this Act and the Statutes and Regulations made thereunder.
(2) (a) No suit, prosecution or other proceeding shall lie against any officer or other employee of the University for any act done or purporting to be done under this Act or the Statutes or Regulations, without the previous sanction of the Board.
(b) No officer or other employee of the University shall be liable in respect of any such act in any civil or criminal proceedings if the act was done in good faith in the course of the execution of duties or the discharge of the functions imposed by or under this Act.
49. 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 the official Gazette, do anything which appears to it to be necessary for the purpose of removing the difficulty.
(2) No order made under sub-section (1) shall be questioned in any court of law on the ground that no difficulty as is referred to in the said sub-section existed or was required to be removed.
(3) Every order published under this section shall, as soon as may be after its publication, be laid before both Houses of the State Legislature.
Notifications
Bangalore, dated the 22nd April, 1964. [No. AF 229 AML 63]
S.O. 602. - In exercise of the powers conferred by sub-section (3) of Section 1 of the University of Agricultural Sciences Act, 1963 (Mysore Act No. 22 of 1963), the Government of Mysore hereby appoints the 24th April 1964 to be the date on which the said Act, shall come into force.
Bangalore, dated the 9th September, 1986. [No. AHD 65 AUM 86]
No. AHD 65 AUM 86. - In exercise of the powers conferred by sub-section (2) of section 1 of the University of Agricultural Sciences (Amendment) Act, 1986 (Karnataka Act 14 of 1986), the Government of Karnataka hereby appoints the first day of October 1986, as the date on which the said Act shall come into force.
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