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Act Description :

THE U.P. KRISHI EVAM PRODYOGIK VISHWAVIDYALAYA ADHINIYAM, 1958

Act Details :-

THE U.P. KRISHI EVAM PRODYOGIK VISHWAVIDYALAYA ADHINIYAM, 1958

(U.P. Act No. XLV of 1958)

Received the assent of the Governor on December 25,1958, and was published in the Uttar Pradesh Gazette (Extraordinary), dated December 26,1959.

[25th December, 1958]

An Act to establish and incorporate an agricultural university for Uttar Pradesh

Whereas it is expedient to establish and incorporate [Agricultural Universities] for the development of agriculture and for the benefit of the rural people of Uttar Pradesh:

It is herby enacted in the Ninth Year of the Republic of India, as follows:

For Statement of Object and Reasons, sec U.P. Gazelle, Extraordinary, dated November 29,1958 and authoritative English text of the Act was published in U.P. Gazelle, Extra, dated 26th December, 1958/ Received the asset of the Governor on Dec. 6, 1958, and was published in Uttar Pradesh Gazelle, Extra., dated Dec. 26, 1959.

1. Short title and commencement. - (1) This Act may be called the [Uttar Pradesh Krishi Evam Prodyogik Vishwavidyalya Adhiniyam], 1958.

(2) It shall come into force at once.

Object & Reasons

Statement of Objects and Reasons - (Act No. 9 of 2019). - The Uttar Pradesh Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam, 1958 (Uttar Pradesh Act 45 of 1958) has been enapted to establish and incorporate Agricultural Universities for the development of agriculture in the State of Uttar Pradesh. At present four Universities, namely, the Chandra Shekhar Azad Krishi Evam Prodyogik Vishwavidyalaya, Kanpur, the Narendra Deva Krishi Evam Prodyogik Vishwavidyalaya, Faizabad, the Sardar Vallabh Bhai Patel Krishi Evam Prodyogik Vishwavidyalaya, Meerut and the Banda Krishi Evam Prodyogik Vishwavidyalaya, Banda are functioning in the State under the said Act. To give respect to venerable person Acharya Narendra Deva and implement the decision of State Government to change the name of District Faizabad as Ayodhya as well as to remove the ambiguity in the definition of ‘teacher’ under the said Act, and nominate suitable person as a member of Search Committee for the selection of Vice Chancellor from the Board, it has been decided to amend the said Act to change the name of the Narendra Deva Krishi Evam Prodyogik Vishwavidyalaya, Faizabad as the Acharya Narendra Deva Krishi Evam Prodyogik Vishwavidyalaya, Ayodhya, the name of District Faizabad as Ayodhya and to modify the definition of 'teacher' along with the provision for constitution of the Search Committee.

The Uttar Pradesh Krishi Evam Prodyogik Vishwavidyalaya, (Sanshodhan) Vidheyak, 2019 is introduced accordingly.

2. Definitions. - In this Act unless there repugnant in t -

['University' means the Gobind Ballabh Pant Krishi Evam Prodyogik Vishwavdyalaya or the Narendra Deva Krishi Evam Prodyogik Vishwavidyalaya, or the Chandrashekhar Azad Krishi Evam Prodyogik Vishwavidyalaya, as the case may be,]-

(a) "Academic Council" means the Academic council of the University;

(b) "Agriculture" means the basic and applied science of soil and water management, crop and live-stock production and mahgement, and betterment of rural people;

(c) "Borad" means the Board of Management of University;

(d) "Faculty" means a Faculty of the University;

(e) "Governor" means the Governor of Uttar Pradesh;

(f) "Prescribed" (with its cognate expressions) means prescribed by the Statutes;

(g) "Registered Graduate" means a graduate registered under the provisions of this Act;

(h) "State Government" means the Government of Uttar Pradesh ;

(i) "Statutes and Regulations" means respectively the Statutes and Regulations of the University made under this Act;

(j) "Student 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" means a person not below the rank of Assistant Professor duly appointed as per the norms and guidelines of UGC and ICAR in this regard by the University; and]

(l) "University" means the [the Acharya Narendra Deva Krishi Evam Prodyogik Vishwavidyalaya,].

[*]

2A. Establishment of Universities at Faizabad and Kanpur. - (1) Besides the Gobind Ballabh Pant Krishi Evam Prodyogik Vishwavidyalaya in existence at Pantnagar, immediately before the commencement of this section, there shall be established, with effect from such date as the State Government may, by notification in the Gazette appoint in that behalf (hereinafter referrred to as the appointed day) –

(i) [a University at Faizabad to be known as the Narendra Deva Krishi Acharya Narendra Deva Krishi Evam Prodyogik Vishwavidyalaya]; and

(ii) A University at Kanpur to be known as Chandrasekhar Azad Krishi Evam Prodyogik Vishwavidyalaya.

(2) In relation to the Universities to be established under sub-section (1), -

(a) the slate Government shall appoint interim officers of the Universities . (other than the Chancellor) and shall constitute interim authorities of such Universities, in such manner as it thinks fit;

(b) The officers appointed and members of the authorities constituted under clause (a) shall hold office for a term of two years from the date of such appointment or constitution as the case may be ;

(c) The State government shall take steps for the appointment of officers and constitution of authorities of such Universities in accordance with the provisions of this Act, so that the same may be completed before the expiry of the respective terms of the interim officers and members under clause (b).

3. The University. - [(1) The Chancellor, the Vice Chancellor [and the-Members of the Board and the Academic Council] for the time being holding office as such in each Univeristy shall constitute a body corporate by the name of that University.]

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

4. Objects of the University. - The University shall be deemed to have been established and incorporated for the purposes, among others, of -

(a) making provision for the education of the rural people of Uttar Pradesh in differnt branches of study, particularly agricultutre, rural industry and business and other allied Subjects;

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

(c) undertaking field and extension programmes.

5. University open to all. - The University shall, subject to the provisions of this Act and the Statute, be open to all persons but nothing in this section shall be deemed to require the University to admit to any course of study a large number of students than may be prescribed.

6. Powers of the University. - The University shall have the following powers -

(1) to provide for instruction in agriculture, rural industry and business and allied sciences and in such other branches of learning as the University may think fit;

(2) to make provisions for research and for the advancement and dissemination of knowledge and for extension programmes;

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

(4) to hold examination for, and to grant and to confer degrees, diploma and other academic distinctions to and on persons who -

(a) shall have pursued a course of study as prescribed; or

(b) shall have carried on research in the University or in an institution recognized in this behalf by the University under the conditions laid down in the Statutes;

(5) to confer honorary degrees or other distinctions in the manner and under conditions laid down in statutes;

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

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

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

(9) to institute and award fellowship (including travelling fellowships), scholarships and prizes in accordance with the Statutes;

(10) to institute and maintain residential accommodation for students of the University;

(11) to demand and receive such fees and other charges as may be prescribed;

(12) to supervise and control the residential accommodation and to regulate the discipline of students of the University and lo make arrangements for promoting their health and welfare; ,

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

(14) 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.

[*]6-A. Territorial jurisdiction for certain purposes. - The powers of the University under Section 6 shall with respect to the Extension, Training and research be exercisable in respect of the area for the time being specified against it in the Schedule.

7. Visitation. - (1) The State Government shall have the right to cause an inspection to be made by such person or persons, as it may direct, of the University its buildings, laboratories equipment and of any institution maintained by the University and to cause an enquiry to be made in like manner in respect of any matter connected with the administration and the finances of the University.

(2) The State Government shall in every case give notice to the University of its intention to cause inspection or enquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or enquiry.

(3) The State Government may address the Board with reference to the result of such inspection an enquiry with such advice as the State Government may offer regarding the action to be taken.

(4) The Board shall communicate to the State Government such action, if any, as it proposes to take or has taken upon the result of such inspection or enquiry.

(5) If the Board does hot, within a reasonable time, take action to the . satisfaction of the State Government, the State Government may, after considering any explanation furnished or representation made by the said Board, issue such directions as it may think fit and the Board shall bound to comply with such directions.

8. Officers and Authorities of the University. - The following shall be the officers and authorities of the University.

(A) Officers of the University

(i) [The Kuladhipati (Chancellor)],

(ii) [The Kuladhipati (Vice-Chancellor)],

(iii) the Comptroller,

(iv) the Registrar,

(v) the Dean of Student Welfare,

(vi) the Deans of Faculties,

(vii) the Director of the Agricultural Experiment Station,

(viii) The Director of Extension, and

(ix) Such other persons in the service of the University as may be declared by the Statutes to be officers of the University.

(B) Authorities of the University

(i) The Board of Management,

(ii) The Academic Council,

(iii) The Board of Faculties, and

(iv) Such other authorities as may be declared by the Statutes to be authorities of the University.

9. [The Kuladhipati (Chancellor)]. - (1) The Governor of Uttar Pradesh shall be [The Kuladhipati (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.

(2) [Kulpati (Vice-Chancellor)] shall have such other powers as may be conferred on him by this Act of the Statutes.

[10. Constitution, powers and duties of the Borad. - (1) The Board shall consist of the following members :

(a) [Kulpati (Vice-Chancellor)]

(b) The Secretary to the State Government in the Agriculture Department [or his nominee who shall be an officer, not below the rank of a Joint Secretary, in the Agriculture Department]. ... Ex-officio

(c) The Secretary to the State Government in the Finance Department [or his nominee who shall be an officer, not below the rank of a Joint Secretary, in the Finance Department] . .. Ex-officio.

(d) The Secretary to the State Government in the Education Department [or his nominee who shall be an officer, not below the rank of a Joint Secretary, in the Education Department.] ... Ex-officio.

(e) The Director of Agriculture, Uttar Pradesh ... Ex-officio.

(f) The Director of Animal Husbandry, Uttar Pradesh. ... Ex-officio.

(g) Two members of the Legislative Assembly of the State to be elected by the said Assembly;

(h) One member of the Legislative Council of the State to be elected by the said council;

(i) Five members nominated by the State Government being respectively -

(i) an eminent agricultural scientist;

(ii) a progressive farmer;

(iii) a livestock breeder,

(iv) a dislingushed industrialist or manufacturer having special knowledge of or practical experience in agrcultural Development;

(v) an outstanding women social worker preferably having back ground of rural advancement;

[(j) One repersentative of the Indian Council of Agricultural reserach;] and

(k) One representative of the registered graduates, elected in the manner prescribed.

(2) [Kulpati (Vice-Chancellor)] shall be ex-officio Chairman of the Borad.

(3) The nomination and election of members of the Board other than ex-officio members shall be notified by the State Government in the Gazette.

(4) The term of the office of members of the Board other than ex-officio members shall be three years commencing from the respective dales of notification of their nomination or election under sub-section (3):

Provided that the term of office of any such member elected or nominated to fill a casual vacancy shall be the residue of his predecessor's term.

(5) Notwithstanding anything contained in sub-section (4), upon the first constitution of the Board after the eighteenth day of January, 1966, provisions shall be made in the statutes for curtailing the term of the office of some of the members referred to in the said sub-section in order that, as nearly as may be, one third of the members shall retire every year thereafter.]

(6) Members shall serve without pay, but shall be entitled to daily allowance and travel expense, to be paid from the budget of the University.

(7) The powers and duties of the Board shall be as below:

(a) to approve the budget submitted by [Kulpati (Vice-Chancellor)];

(b) to appoint the members of the academic and administrative staff of the University in the manner prescribed;

(c) to hold and control the property and funds of the University and issue and general directive in that behalf;

(d) to accept the transfer of any movable or immovable property on behalf of the University.

(e) to administer any funds placed at the disposal of the University for sepcific purposes;

(f) to invest moneys belonging to the University ;

(g) to direct the form and use of the common seal of the University;

(h) to appoint such committees, cither standing or temporary, as it deems necessary for its proper functioning;

(i) [* * *]

(j) to borrow money for capital improvements and make suitable arrangements for its repayment;

(k) to meet at such time and in such places as it deems necessary, provided however, that it shall hold one regular meeting at least every two months, and provided further that at least one half of its regular meetings be held at the University; and

(i) to regulate and determine all metiers 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 in it by this Act and the Statutes.

11. [The Kulpati (Vice Chancellor]. - (1) [The Kulpati (Vice Chancellor)] shall be a whole time officer of the. University. The first Vice Chancellor after the commencement of the Uttar Pradesh Krishi Vishwavidyalay (Sanshodhan) Adhyadesh, 1966, shall be appointed by the [Kuladhipati (Chancellor)]. The subsequent [Kulpati (Vice-Chancellors)] shall be appointed by the [Kuladhipati (Chancellor)] out of a panel of three persons nominated by [a search committee consisting of an ex officio member of the Board i.e. the Secretary/Principal Secretary/Additional Chief Secretary of Agriculture Education and Research Department and two other members appointed by the State Government.]

(2) The term of office of the [Kulpati (Vice-Chancellor)] shall be [three] years.

(3) No person shall be eligible to hold the office of the [Kulpati (Vice-Chancellor)] for more than [three terms]

(4) The emoluments and other conditions of service of [Kulpati (Vice-Chancellor)] shall be such as may be prescribed and shall not be be varied to his disavantage after his appointment.

(5) The [Kulpati (Vice-Chancellor)] may relingusih office by resignation in writing addressed to the [Kuladhipati (Chancellor)]. The resignation shall ordinarily be delivered to the Secretery of the [Kuladhipati (Chancellor)] sixty days prior to the date on which the [Kulpati (Vice Chancellor)] wishes to be relived.

[(6) In any of the following circumstances [of the existence of which the kuladhipati (Chancellor) shall be the sole judge], the kuladhipati (Chancellor) may appoint any suitable person to the Office of kulpati (Vice-Chancellor) for such term not exceeding six months, as he may specify-

(a) where a vacancy in the Office of kulpati (Vice-Chancellor) occurs or is likely to occur, by reason of leave or any cause not being expiry of term;

(b) where a vacancy in the Office of kulpati (Vice-Chancellor) occurs and it cannot be conveniently and expeditiously filled in accordance with the provisions of sub-section (1); and

(c) any other emergency.]

(7) Until the vacancy is filled under sub-section (6) or [until such time as the Chancellor appoints a [Kulpati (Vice-Chancellor)]; the [KulSachiv (Registrar)] shall carry on the current duties of the office of Vice Chancellor.

12. Powers and duties of the Vice Chancellor. - (1.) The Vice Chancellor shall be the principal executive and academic officer of the University, and shall, in the absence of [Kuladhipati (Chancellor)] preside at any convocation of the University. He shall be an ex-officio member and Chairman of the Academic Council and an ex-officio member of the Board.

(2) It shall be the duty of the [Kulpati (Vice-Chancellor)] to ensure the faithful observance of the provisions of this Act and the Statutes and he shall, without prejudice to the powers of the [Kuladhipati (Chancellor)] under section 23, possess all such powers as may be necessary in that behalf.

(3) The Vice Chancellor delegate his power to any other officer of the University.

(4) The [Kulpati (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.

(5) The [Kulpati (Vice-Chancellor)] shall be responsible for the presentation of the budget and the statement of accounts of the Board.

(6) In any emergency, which, in the opinion of the [Kulpati (Vice-Chancellor)] requires immediate action to be taken, he shall take such action as he deems necessary, and shall at the earliest opportunity report the action taken to the officer, authority or other body who or which in the ordinary course would have dealt with the matter, but nothing in this sub-section shall be deemed to empower Kulpati (Vice-Chancellor) to incur-any expenditure not duly authorized and provided for in the budget.

(7) Where any action taken by the Kulpati (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 of the date on which the action is communicated to him.

(8)Subject as aforesaid, the [Kulpati (Vice-Chancellor)] shall give effect to the orders of the Board regarding the appointment, suspension and dismissal of officers professional staff and other employees of the University.

(9) The [Kulpati (Vice-Chancellor)] shall in convocation confer degrees on persons entitled to receive them, provided that when the [Kuladhipati (Chancellor)] is present he may himself confer any or all the degrees.

(10) The [Kulpati (Vice-Chancellor)] shall be responsible for a close co-ordination and intergration of teaching research and extension.

(11) The [Kulpati (Vice-Chancellor)] shall exercise such other powers as may be prescribed.

13. The Comptroller. - (1) the comptroller shall be a whole time officer of the University and [shall be appointed by State Government on such terms and conditions as it may think fit]

(2) He shall be ex-officio Secretary of the Board. [* * *]

(3) The provisions relating to [* * *] the filling of temporary vacancies and arrangements for the carrying on of current duties continued in sub-section [* * *] (6) and (7) of section 11 shall mutatis mutandis apply to the office of Comptroller.

(4) The Comptroller shall manage the property and investments of the University and advise in regred to its financial policy. He shall be responsible for the prepartion of the Budget, and statement of accounts for presentation of the Kulpati (Vice-Chancellor).

(5) The Comptroller shall have the duty-

(a) to ensure that no expenditure not authorized in the budget is incurred by the University otherwise than by way of investment; and

(b) to disallow any expenditure which may contravene the terms of any Statutes, or for which provision is required to be made by Statutes, but has not been so made.

14. The [Kul Sachiv (Registrar)]. - (1) The [Kul Sachiv (Registrar)] shall be whole time officer of the University and shall be appointed by the Kulpati (Vice-Chancellor) subject to the approval of the Board.

(2) The salary and allowances payable to the [Kul Sachiv (Registrar)] shall be as prescribed.

(3) The [Kul Sachiv (Registrar)] shall be responsible for the due custody of the records and the common Seal of the University. He shall be ex-officio Secretary of the Academic Council and shall be bound to place before it all such information as may be necessary for the transaction of business. He shall receive applications for enternce to the University and shall keep a permanent record of all courses, curriculum and other information as deemed necessary.

(4) The [Kul Sachiv (Registrar)] shall be responsible for the counduct of the examinations as prescribed and make all other arrangements necessary therefor and be responsible for the due execution of all processes connected therewith.

(5) The [Kul Sachiv (Registrar)] shall perform such other duties as may be prescribed or required from time to time by the Board or the Kulpati (Vice-Chancellor).

(6) The [Kul Sachiv (Registrar)] shall not be offered nor shall he accept any remuneration for any work in the University save such as may be provided for by the Statutes.

15. Dean of Student Welfare. - (1) the Dean of Student Walfare shall be a whole time officer of the University and shall be appointed by the Kulpati (Vice-Chancellor) subject to the approval of the Board .

(2) The salary and allowances payable to the Dean of Student Welfare shall be as prescribed.

(3) The Dean of Student Welfare shall have the following duties:

(a) to make arrangements for the housing of students;

(b) to direct a programme of student counselling;

(c) to arrange for employment of students in accordance with plans approved by the Kulpati (Vice Chancellor);

(d) to supervise the extra-curricular activities and needs of students;

(e) to assist in the placement of graduates who leave the University; and

(f) to organize and maintain contact with the alumni of the University.

16. The Academic Council. - (1) The Academic Council shall be in-incharge of the academic affairs of the University and shall, subject to the provisions of this Act and the Statutes, have the control and general regulation of, and be responsible for, the maintenance of standards of instruction, education and examination and for the requirements for obtaining degrees and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. It shall have the right to advice the Kulpati (Vice Chancellor) on all academic matters.

(2) The constitution of the Academic Council and the term of office of its members shall be prescribed.

17. The Faculties. - (1) The University shall include such Faculties as may be prescribed.

(2) Each Faculty shall comprise such departments as may be prescribed, and subjects of study shall be assigned to various departments by the Statutes.

(3) There shall be a Board of each Faculty the constitution and powers of which shall be prescribed.

(4) There shall be Dean of each Faculty who shall be chosen in such manner and for such period as may be prescribed.

(5) The Dean shall be the Chairman of the Board of the Faculty and be responsible for the due observane of the Statutes and Regulations relating to the Faculty. He shall be further responsible for the organization and conduct of the teaching, research and extension work of the departments comprised in the Faculty.

(6) There shall be a Head in each Department who shall be responsible to the Dean for the organization and operation of the Department.

(7) The appointment, duties, powers and functions of the Head of Departments shall be as prescribed.

18. Agricultural Experiment Station. - (1) An Agricultural Experiments Station shall be established in the University subject to the provisions of this Act and the Statutes, it shall have responsibility for research both fundamental and applied, in all Faculties,

[(2)] There shall be a Director of the Experiment Station who shall be appointed by and be responsible to the [Kulpati (Vice-Chancellor)].

(3) The Director of the Experiment Station shall be a whole-time officer, technically trained in agriculture. He shall keep proper records of the projects and receive reprots of progress of research for publication in the manner prescribed.

19. Agricultural and Home Science Extension Service. - (1) An Agricultural and Home Science Extension Service shall be established in the University and shall, subject to provision of this Act and the Statute make useful information available to the farmers and house-wives to help them to solve their problems and take measures such as the establishment of youth clubs for developing in young people interest in agriculture.

[(2)] There shall be a Director of Extension and shall be appointed by and be responsible to the [Kulpati (Vice-Chancellor)].

(3) The Director of Extension shall be whole-time officer technically trained in agriculture, who shall plan and execute a programme of extension work based upon the results of research.

20. Supplementary provisons relating to membership. - (1) All casul vacancies among the members (other than ex-officio members) of any authority or body of the University shall be filled, as soon as conveniently may be, by the person for body who appointed, elected or co-opted the member whose place he 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.

(2) A person, who is a member of an authority of the University as a representative of another body, whether of the University or not, shall retain his seat on the University authority so long as he continues to be a member of the body by which he was nominated, appointed or elected and thereafter till his successor is duly appointed.

21. Proceedings of University authorities and bodies not to be invalidated by the vacancies. - No act or proceedings of any authority or other body of the University shall be invalidated merely by reason of the existance of a vacancy or vacancies among its members or by reason of some person having taken part in the proceedings who is subsequently found not to have been entiled to do so.

22. Removal from membership of the University. - The Board may remove any person membership of any authority or [other body of the University] upon the ground that such person has been convicted of an offence involving moral, turpitude.

23. Membership and proceedings. - If any question arises whether any person has been duly elected or appointed as or is entitled to be a member of any authority of the University subordinate to the Board or whether any decison of the University or any authority subordinate to the Board is in conformity with this Act and the Statutes, the matter shall be referred to the [Kuladhipati (Vice-Chancellor)] whose decision thereon shall be final.

24. Constitution of Committees. - Where any authority of the University is given power by this Act or by the Statutes to appoint Committees, such committees shall, unless there is some special provsion to the contrary, consist of members of the authorithy concerned.

25. Pension or Provident Fund.- (1) The University shall constitute, for the benefit of its officers, teachers, clerical staff and other employees, in such manner and subject to such conditions as may be prescribed, such pension insurance and provident funds as it may deem fit.

(2) Where any such provident fund has been so constituted under rules, which have been approved by the [Kulpati (Vice-Chancellor)] the Chancellor may declare that the provisions of the Provident Funds Act, 1925, shall apply to such fund as if it were a Government Provident Fund.

26. Appointment of salaried officers and teachers. - (1) Subject to the provisions of this Act, the members of the staff of the University shall be appointed by the Board on the recommendation of the [Kulpati (Vice-Chancellor)].

(2) Except in cases provided for by the Statutes, every salaried officer and teacher of the University shall be appointed under a written contract. The contract shall be. lodged with the [Kulpati (Vice-Chancellor)] and a copy thereof shall be furnished to the officer or teacher concerned. The contract shall not be inconsistent with the provisions of this Act and of the Statutes for the lime being in force in relation to the conditions of service.

27. Tribunal of Arbitration for disputes between the University and its staff. -Any dispute arising out of contract between the University and any officer of teacher of the University shall, on the request of the officer or teacher concerned, be referred to a Tribunal of Arbitration consisting of one member nominated by the Board, one member nominated by the officer or teacher concerned and an umpire appointed by the [Kuladhipait (Chancellor)]. The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the metters decided by the Tribunal. Every such request shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940, and all the provisions of that Act, with the exception of section 2 thereof shall apply accordingly.

28. 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 election, appointment and continuance in office of the members of the authorities of the University, including the continuance in office of . the first members, and the filling in of vacancies and all other matters relative to those authorities for which it may be necessary or desirable to provide;

(c) the designation, manner of appointment, power and duties of the officers of the University;

(d) the classification and manner of appointment of teacher;

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

(f) the institution of degrees and diplomas;

(g) the conferment of honorary degrees;

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

(i) the establishments of departments of teaching in the Faculties;

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

(k) the institution of fellowships, scholarships, medals and prizes;

(l) the maintenance of a register of Registered Graduates;

(m) the admission of students to the University and their enrolment and continuance as such;

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

(o) the condition under which students shall be admitted of the degrees, diploma or other courses and to the examinations of the University and shall be eligible for the award of degrees and diplomas;

(p) the conditions of residence of the students of the University and the lavying of fees for residence in hostels maintained by the University;

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

(r) the number, qualifications, emoluments and other conditions of service (including the age of retirement) of teachers and salaried officers of the University, and the preparation and maintenance of a record of their services and activities;

(s) the fees which may be charged by the University for any purpose ;

(t) the conditions subject to which persons may be recognized as qualified to give instruction in hostels;

(u) the conditions and mode of appointment and the duties of examining bodies, examiners and moderators;

(v) the conduct of examinations;

(w) the remuneration and allowances, including travelling and daily allowances, to be paid to persons employed on the, business of the University;

(x) the conditions of the award of fellowships, scholarships, studentships, bursaries, medals and prizes; and

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

29. Statutes how made. - (1) The first Statute with regard to matters set out in clauses (a) to (1) of section 28 shall be made by the State Government and a copy thereof shall be laid before each House of the State Legislature for fourteen days and they shall be subject to such additions and alerations as may be agreed to by both Houses but without prejudice to the validity of anything previously done thereunder.

(2) The Board may from time to time make new or additional Statutes 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 Statutes or of any amendment of a Statute affecting the Statutes, powers 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 considred 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 cither 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 draft relates to 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 [Kuladhipati (Chancellor)] who may sanction, disallow or remit it for further consideration.

30. Regulations. - (1) The authorities and the Board of the University may make Regulation consistent whith this Act and the Statutes -

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

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

(c) providing for any other mailers solely concerning such authorities and Board 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 of 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, of any Regulations made under this section or the annulment of any Regulations made under sub-section (1) 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 examination and degrees of the University after receiving drafts of the same from the Board of the Faculty concerned.

(5) The Academic Council may not, alter a draft received from the Board of a Faculty but may reject the draft received or return it to the Board of Faculty for further consideration together with its own suggestions.

31. Residence of Students. - Students shall reside in accommodation maintained by the University or approved by the Kulpati (Vice-Chancellor) subject to the conditions prescribed.

32. Delegation of Powers. - The Board may, by Statute, delegate to any officer or authority any of the powers conferred upon it by this Act, to be exercised subject to such restrictions and conditions as may be prescribed.

33. Annual Report. - The Annual Report of the University shall be prepared under the direction of the Kulpati (Vice-Chancellor) and submitted by the Board to the Sate Government a month before the annual meeting at which it is to be considered.

34. Accounts and Audit. - (1) The Annual Accounts and balance sheet of the University shall be prepared under the direction of the Kulpati (Vice-Chancellor), and all moneys accruing to or received by the University from whatever source and all amounts disbursed or paid shall be entered in the accounts.

(2) The accounts and the balance sheet shall be submitted by the Board to the State Government which shall cause an audit to be carried out by the Examiner, Local Fund Accounts, Uttar Pradesh.

(3) The accounts when, audited shall be printed and copies thereof shall, together with the copies of the audit report, be submitted by the Kulpati (Vice-Chancellor) to the Board which shall forward them to the State Government with such comments as may be deemed necessary.

35. [Omitted by U.P. Act 29 of 1974, vide Section 25].

36. Removal of difficulties. - (1) The State Government may for the purpose of removing any difficulties in relation to the enforcement of the provisions of this Act, by order published in the official gazette :

(a) direct that this Act and any Statutes made thereunder shall during such period as may be specified in the order take effect subject to such adaptations, whether by way of modification, addition or omission, as it may deem to be necessary or expedient; or

(b) direct by whom and in what manner the powers, duties and functions to be exercised or discharged under this Act by an officer or authority of the University shall be exercised and discharged till such officer or authority is duly appointed or constituted; or

(c) make such other temporary provisions as it may deem to be necessary or expedient.

(2) No order made under sub-section (i) 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.

[THE SCHEDULE]

(See-Section 6-A)

Serial No.          Name of the University Area within which the University shall exercise jurisdiction for purpose of extension, training and research

1           Govind Ballabh Pant Krishi Evam Prodyogik Vishwavidyalaya       

(a)        until the establishment of the Narendra Deva Krishi Evam Prodyogik Vishwavidyalaya and Chandrashekhar Azad Krishi Evam Prodyogik . Vishwavidyala.     The whole of Uttar Pradesh.

(b)       upon the establishment of the Narendra Deva Krishi Evam Prodyogik Vishwavidyalaya and Chandrashekhar Azad Krishi Evam Prodyogik Vishwavidyalaya.   Kumaun, Garhwal, Rohilkhand and Meerut Divisions

2           [Acharya Narendra Deva Krishi Evam Prodyogik Vishwavidyalaya,].            [Ayodhya], Gorakhpur and Varanasi Divisions

3           Chandrashekhar Azad Krishi Evam Prodyogik Vishwavidyalaya.    Lucknow, Jhansi, Agra and Allahabad Divisions

Act Type :- Uttar Pradesh State Acts
 
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