MADHYA PRADESH ACT No. 16 of 2009 THE MADHYA PRADESH PASHU CHIKITSA VIGYAN VISHWAVIDYALAYA ADHINIYAM, 2009 TABLE OF CONTENTS Sections: CHAPTER-I PRELIMINARY 1. Short title, extent, application and commencement. 2. Definitions. CHAPTER-II THE UNIVERSITY 3. Establishment of University. 4. Establishment of new college and recognition of institution by University. 5. Objects of University. 6. Powers and functions of University. 7. Admission to University. 8. Prohibition of award of degree etc. CHAPTER-III OFFICERS OF THE UNIVERSITY 9. Officers of University. 10. The Chancellor and his powers. 11. The Vice-Chancellor. 12. Salary and other allowances of Vice-Chancellor. 13. Powers and duties of Vice-Chancellor. 14. Appointment, duty and term of officer of the Registrar. 15. The Comptroller. 16. Dean of College. 17. Dean of Faculty. 18. Duties of Dean of Faculty. 19. The Director. 20. Dean Student Welfare. CHAPTER-IV AUTHORITIES OF THE UNIVERSITY 21. Authorities of University. 22. The Board of Management. 23. Powers of Board. 24. Meeting of Board. 25. The Academic Council. 26. Constitution of Academic Council. 27. Powers and functions of Academic Council. 28. The Faculties. 29. The Board of Studies. 30. The Finance Committee. 31. Constitution of other authorities. CHAPTER-V RESEARCH AND EXTENSION EDUCATION ORGANISATIONS 32. Veterinary and Fisheries Sciences Research Organization. 33. Veterinary and Animal Sciences Extension Education Organization. CHAPTERVI FUNDS AND ACCOUNTS 34. University Fund. 35. Other Funds. 36. Management of Funds. 37. Grants. 38. Annual Accounts. CHAPTER-VII CONDITIONS OF SERVICE 39. Pension, gratuity etc. 40. Conditions of Service. CHAPTER-VIII STATUTES AND REGULATIONS 41. Statutes. 42. Statutes how made. 43. Regulations. CHAPTER-IX TRANSFER OF COLLEGES AND INSTITUTIONS, EMPLOYEES AND FUNDS 44. Transfer of certain colleges and institutions to University. 45. Special provision for admission and conferment of degrees. 46. Transfer of service of certain employees. 47. Provident fund, pension and other fund. 48. Transfer of fund. CHAPTER-X TRANSITORY PROVISIONS 49. Appointment and term of the first Vice-Chancellor. 50. Appointment and term of first Registrar. 51. Arrangement for Board of Management, Academic Council etc. CHAPTER-XI EMERGENCY PROVISIONS 52. State Government to assume financial control in certain circumstances. 53. Special provision for better administration of University in certain circumstances. CHAPTER-XII MISCELLANEOUS 54. Inspection and inquiry. 55. Annual Report. 56. Dispute as to constitution of University with authorities and bodies. 57. Disqualification for membership. 58. Filling of casual vacancies. 59. Removal from membership. 60. Constitution of committees and delegation of powers. 61. Proceedings not to be invalidated by reason of vacancy. 62. Authorities to be public servant. 63. Removal of difficulties. 64. Savings. THE SCHEDULE MADHYA PRADESH ACT No. 16 of 2009 THE MADHYA PRADESH PASHU CHIKITSA VIGYAN VISHWAVIDYALAYA ADHINIYAM, 2009 Received the assent of the Governor on the 5th September 2009; assent first published in the “Madhya Pradesh Gazette (Extra-ordinary)”, dated the 9th September 2009 An Act to provide for the establishment and incorporation of the Veterinary Science University in the State of Madhya Pradesh and for matters connected therewith and incidental thereto. Be it enacted by the Madhya Pradesh Legislature in the Sixtieth Year of the Republic of India as follows:- CHAPTER-I PRELIMINARY Short title, extent, application and commencement:- 1. (1) This Act may be called the Madhya Pradesh Pashu Chikitsa Vigyan Vishwavidyalaya Adhiniyam, 2009. (2) It extends to the whole of the State of Madhya Pradesh. (3) It applies to- (a) the colleges and institutions specified in the Scheduled which may be affiliated to, or established or maintained by the University in accordance with the provisions of this Act and the statutes and regulations made thereunder; (b) all colleges and institutions which may be constituent of or established or maintained by the University an accordance with the provisions of this Act and the statutes and regulations made thereunder. (4) It shall come into force on such date as the State Government may, by notification, appoint. Definitions:- 2. In this Act, unless the context otherwise requires,- (a) “Academic Council” means the Academic Council of the University; (b) “Animal” or “livestock” includes birds, fishes, wildlife, and reptiles; (c) “Animal and Fishery Sciences” means science relating to animal husbandry, aquaculture, pisciculture, marine biology, animal an fish biology, study of animal and fish diseases or management of technology relating to development of under water resources; (d) “Appointed day” means the date appointed under sub-section (4) of Section 1; (e) “Board” means the Board of Management of the University constituted under Section 22; (f) “College” means any college or institution established or maintained by, or affiliated to the University providing courses of study or training or providing for prosecution of research or providing extension education in veterinary and fisheries sciences, for admission to the examinations for degrees, diplomas and other academic distinctions of the University; (g) “Constituent College” means the College of Veterinary Science and Animal Husbandry, Mhow, the College of Veterinary Science and Animal Husbandry, Jabalpur, the College of Veterinary Science and Animal Husbandary, Rewa and Animal Bio-technology Division of Bio-technology Research Centre, Jabalpur and includes such other College as may be declared by the Government from time to time; (h) “Dairy technology” means the science of processing of milk or manufacturing of milk products and marketing thereof; (i) “Dean” means the Dean of college and Dean of Faculty; (j) “Extension education” means the educational activities concerned with the training of livestock farmers, other groups concerned with animal health or welfare or improved animal husbandry practices and various phases of scientific technology related to animal production and marketing and includes demonstration to carry the new technology and innovation to livestock farms and homes through the government departments of Animal Husbandry and the like; (k) “Faculty” means a Faculty of the University; (l) “Fisheries Sciences” means applied sciences relating to Fisheries; (m) “Government” means the State Government; (n) “Hostel” means a unit of residence for students of the University maintained or recognized by the University; (o) “Other Backward Classes” means the Other Backward Classes as specified by the State Government vide notification No. F-85-XXV-4-84, dated the 26th December 1984 as amended from time to time; (p) “Prescribed” means prescribed by the statutes or regulations made under this Act; (q) “Scheduled Castes” means the Scheduled Castes as specified in relation to the State of Madhya Pradesh under article 341 of the Constitution of India; (r) “Scheduled Tribes” means the Scheduled Tribes as specified in relation to the State of Madhya Pradesh under article 342 of the Constitution of India; (s) “Statutes” and “regulations” means respectively, the statutes and regulations made under section 41 and 43; (t) “University” means the Madhya Pradesh Veterinary Sciences University established under section 3; (u) “Veterinary” means the art and science of veterinary surgery and medicine and includes- (i) the diagnosis of diseases in and injuries to, animals and (ii) the medical or surgical treatment to animals. CHAPTER-II THE UNIVERSITY Establishment of University:- 3. (1) For the development of veterinary, animal sciences and fisheries and for furthering the advancement of learning and prosecution of research in the veterinary and fisheries sciences, on and from the appointed day, there shall be established a University by the name of the Madhya Pradesh Veterinary Sciences University. (2) The University shall be a body corporate, shall have perpetual succession and a common seal and shall sue and be sued by the said name. (3) The headquarters of the University shall be at Jabalpur, Madhya Pradesh. Establishment of new college and recognition of institution by University:- 4. (1) On and from the appointed day, no new college imparting education in veterinary and fisheries sciences shall be established except as a constituent college of the university. (2) No institution affiliated to, or associated with or maintained by any other University, whether within the State of Madhya Pradesh or outside the State of Madhya Pradesh shall be recognized by the University for any purpose except with the prior approval of the Government and the University. Objects of University:- 5. The University shall have the following objects, namely:- (a) to impart education in different branches of Veterinary and Fisheries and allied sciences as the University may determine; (b) to provide for the advancement of learning and prosecution of research in Veterinary and Fisheries Sciences; and (c) to undertake the extension of such sciences to the rural people in co-operation with the Government Department concerned. Powers and functions of University:- 6. The University shall have the following powers and functions, namely:- (a) to provide for instructions, training and research in Veterinary and Fisheries Sciences; (b) to provide for dissemination of the findings of research and technical information through extension education; (c) to institute degrees, diplomas and other academic distinctions in Veterinary and Fisheries Sciences; (d) to hold examinations and to confer degrees, diplomas and other academic distinctions to person who have,- (i) pursued a prescribed course of study; or (ii) carried out research in the University under the prescribed conditions; (e) to confer honorary degrees or other distinctions in the manner and under the conditions prescribed; (f) to provide for lectures and instructions for field workers, livestock farmers and other persons not enrolled as regular students of the University and to grant certificates to them, if necessary; (g) to cooperate with other universities and authorities in such manner and for such purposes as it may determine; (h) to establish and maintain colleges and institutions relating to Veterinary and Fisheries Sciences; (i) to affiliate colleges to the University under conditions prescribed and to withdraw affiliation from Colleges; (j) to establish and maintain laboratories, libraries, research stations and museums for teaching, research and extension education; (k) to institute teaching, research and extension education posts and to appoint persons to such posts; (l) to create administrative and other posts and to appoint persons to such posts; (m) to institute and award fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes in accordance with the statutes; (n) to establish and maintain hostels, to recognize hostels not maintained by the University and to withdraw recognition therefrom; (o) to establish and maintain residential accommodation of the employees of the University; (p) to fix, demand and receive such fees and other charges as may be prescribed; (q) to supervise and control hostels and to regulate and enforce discipline among the students of the University and to make arrangements for promoting their health and welfare; (r) to cooperate with other University and authorities in such manner and for such purposes as it may determine; and (s) to do all such acts and things, whether incidental to the powers and functions aforesaid or not, as may be necessary or desirable to further the objects of the University. Admission of University:- 7. (1) The University shall, subject to the provisions of this Act and statutes, be open to all persons. (2) Nothing contained in sub-section (1) shall require the University- (a) to admit to any course of study and person who does not possess the prescribed academic qualification or standard; (b) to retain on the rolls of the University, the students whose academic record is below the minimum standard required for the award of a degree, diploma or other academic distinction; (c) to admit any person or retain any student whose conduct is prejudicial to the interests of the University or the rights and privileges of other students and employees; or (d) to admit the students to any course of study larger in number than prescribed. (3) Subject to the provisions of sub-section (2), the Government may, by order, direct that the University shall reserve such percentage of seats for the students belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes, women, freedom fighters and Madhya Pradesh domicile as may be specified in such direction. Prohibition of award of degree etc:- 8. Notwithstanding anything contained in any Act relating to the establishment of any non-agricultural or agricultural institutions in the State, no such University shall be competent to award degrees, diplomas, certificates or other academic distinctions in Veterinary and Fisheries Science. CHAPTER-III OFFICERS OF THE UNIVERSITY Officers of University:- 9. The University shall consist of the following officers, namely:- (a) the Chancellor; (b) the Vice-Chancellor; (c) the Registrar; (d) the Comptroller; (e) the Dean of College/Dean of Faculty; (f) the Dean of Student Welfare; (g) the Director of Instruction; (h) the Director of Research Services; (i) the Director of Extension Education; (j) the Director of Clinics; and (k) such other persons as may be declared by the statutes to be the officers of the University. The Chancellor and his powers:- 10. (1) The Governor of Madhya Pradesh shall 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 and confer degrees, diplomas or other academic distinctions upon person entitled to receive them. (3) Where power is conferred upon the Chancellor to nominate persons to the authorities of the University, the Chancellor shall nominate persons to the extent necessary to represent interests not otherwise adequately represented. (4) The Chancellor may, of his own motion or on application, call for and examine the record of any officer or authority of the University in respect of any proceeding to satisfy himself as to the regularity of such proceeding for the correctness, legality or propriety of any decision taken or order made therein and if in any case, it appears to the Chancellor that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, he may pass such orders accordingly : Provided that every application to the Chancellor for the exercise of the powers under this sub-section shall be preferred within three months from the date on which the proceeding, decision or order to which the application relates was communicated to the applicant: Provided further that no order prejudicial to any person shall be passed unless such person has been given an opportunity of making his representation. (5) The Chancellor shall exercise such other powers and perform such other functions as may be conferred or imposed on him by or under this Act. The Vice-Chancellor:- 11. (1) Every appointment of the Vice-Chancellor shall be made by the Chancellor from out of a panel of three names of eminent persons in the field of Veterinary sciences recommended by the Committee referred to in sub-section (2) and such panel shall not contain the name of any member of the said Committee. (2) For the purpose of sub-section (1), the Committee shall consist of three persons from whom one shall be nominated by the Chancellor, one shall be nominated by the Board and one shall be nominated by the State Government: Provided that the persons so nominated shall not be a member of any of the authorities of the University. (3) The Vice-Chancellor shall hold office for a period of four years and shall be eligible for reappointment for a further period of four years: Provided that no person shall hold the office of the Vice-Chancellor for more than eight years in the aggregate: Provided further that- (a) the Chancellor may direct that a Vice-Chancellor, whose term of office has expired, shall continue in office for such period, not exceeding a total period of one year, as may be specified in the direction: (b) the Vice-Chancellor may, by writing under his hand addressed to the Chancellor and after giving two months notice, resign his office. (4) If at any time upon representation made or otherwise and after making such enquiries as may be deemed necessary, it appears to the Chancellor that the Vice-Chancellor: (i) has made default in performing any duty imposed on him by or under this Act; or (ii) has acted in a manner prejudicial to the interest of the University; or (iii) is incapable of managing the affairs of the University the Chancellor may notwithstanding the face that the terms of office of the Vice-Chancellor has not expired, by an order in writing stating the reasons therein, require the Vice-Chancellor to relinquish his office as from such date as may be specified in the order. (5) No order under sub-section (4) shall be passed unless the particulars of the grounds on which such action is proposed to be taken are communicated to the Vice-Chancellor and he is given a reasonable opportunity of showing cause against the proposed order. (6) When any temporary vacancy occurs in the Office of the Vice-Chancellor or if the Vice-Chancellor is, by reason of illness, absence or for any other reason, unable to exercise the powers and perform the duties of his office, the Chancellor shall, as soon as possible, make such arrangements for carrying on the office of Vice-Chancellor as he may think fit. (7) In the event of occurrence of any vacancy in the office of Vice-Chancellor by reason of his death, resignation or otherwise, a Dean of Faculty nominated by the Chancellor shall act as the Vice-Chancellor until the date on which a new Vice-Chancellor is appointed to fill such vacancy and this period shall not exceed six months. (8) Until the nomination has been made under sub-section (7) or arrangement have been made under sub-section (6), the Registrar and if no Registrar has been appointed or if there be vacancy in the office of Registrar for any reason whatsoever, such officer of the University as the Chancellor may direct, shall carry on the current duties of the Vice-Chancellor. (9) All acts done by the persons appointed under sub-section (6) or by the Registrar under sub-section (8) or by officer directed by the Chancellor under the said sub-section to carry on the current duties of the Vice-Chancellor shall be deemed to be the acts done by the Vice-Chancellor. Salary and other allowances of Vice-Chancellor:- 12. The Vice-Chancellor shall be a whole time officer of the University and his emoluments and other term and conditions of service shall be as follows :- (a) the Vice-Chancellor shall be entitled to such salary as may be prescribed; (b) the Vice-Chancellor shall be entitled, without payment of rent, to the use of a furnished residence throughout his term of office and no charge shall fail on the Vice-Chancellor personally in respect of the maintenance of such residence; (c) the Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Board, with the approval of the Chancellor, from time to time : Provided that where an employee of- (i) the University; or (ii) any other University or college or institution maintained by, or affiliated to, that university, is appointed as Vice-Chancellor, he shall be allowed to continue to contribute to the Provident Fund to which he is a subscriber and the contribution of the University shall be limited to what he had been contributing immediately before his appointment as Vice-Chancellor; (d) the Vice-Chancellor shall be entitled to travelling allowances at such rates as may be fixed by the Board; (e) the Vice-Chancellor shall be entitled to earned leave on full pay at one-eleventh of the periods spent by him on active service: Provided that when the earned leave applied for by the Vice-Chancellor, in sufficient time before the date of expiry of the term of his office, is refused by the Chancellor in the interest of the University and if he does not avail of the leave before the date of expiry of the term of his office, he shall be entitled to draw cash equivalent to leave salary after relinquishment of his office in respect of earned leave at his credit subject to a maximum of two hundred and forty days; (f) the Vice-Chancellor shall be entitled, on medical grounds or otherwise, to leave without pay for a period not exceeding three months during the term of his office: Provided that such leave may be converted into leave on full pay to the extent to which he is entitled to earned leave under clause (e). Powers and duties of Vice-Chancellor:- 13. (1) The Vice-Chancellor shall be the academic head and the principal executive officer of the University and shall in the absence of the Chancellor preside at any convocation of the University and confer degrees, diplomas or other Academic distinctions upon persons entitled to receive them and he shall be a member ex-officio and Chairman of the Board, the Academic Council and the Finance Committee and shall be entitled to be present at and to address, any meeting of any authority of the University but shall not be entitled to vote threat, unless he is a member of the authority concerned. (2) The Vice-Chancellor shall exercise 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 that the provisions of this Act, the statues and regulations are observed and carried out and he may exercise all powers necessary for this purpose. (5) The Vice-Chancellor shall have power to take action on any matter and shall, by order, take such action as he may deem necessary but shall, as soon as may be, thereafter report the action taken to the officer or authority or body, who or which would have ordinarily dealt with the matter: Provided that no such order shall be passed unless the person likely to be affected has been given a reasonable opportunity of being heard. (6) Any person, aggrieved by any order of the Vice-Chancellor under sub-section (5), may prefer an appeal to the Board within thirty days from the date on which such order is communicated to him and the Vice-Chancellor shall give effect to the order passed by the Board on such appeal. (7) The Vice-Chancellor shall be responsible for the co-ordination and integration of teaching, research, extension education and curriculum development. (8) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes. Appointment duty and term of office of the Registrar:- 14. (1) The Registrar shall be a whole time salaried officer of the University and shall be appointed by the State Government on such terms and conditions as may be prescribed in the statutes. (2) The Registrar shall be- (a) an academician in the field of Veterinary sciences not lower in rank than that of University Associated Professor or an officer from the Veterinary Services whose pay scale is equivalent to University associated Professor; or (b) an officer of the Government now lower in rank than that of Deputy Secretary to Government. (3) The Registrar shall hold office for a period of five years and shall be eligible for reappointment for a further period of five years: Provided that a person appointed as Registrar shall retire from office, if, during the term of his office, he completes the age of sixty two years or as specified by the State Government from time to time. (4) The Registrar shall be the ex-officio Secretary to the Board, the Academic Council and the Faculties. (5) When the office of the Registrar is vacant, or when the Registrar is, by reason of illness, absence or for any other person, unable to exercise the powers, perform the functions and discharge the duties of his office, the powers, functions and duties of the office of the Registrar shall be exercised, performed and discharged by such person as the Vice-Chancellor may appoint for the purpose. (6) It shall be the duty of the Registrar,- (a) to manage the property and investments of the University including trust and endowed property in accordance with the decision of the Finance Committee and the Board; (b) to be the custodian of the records, the common seal and such other properties of the University as the Board shall commit to his charge; and (c) to issue all notices convening meetings of the Board, the Academic Council, the Faculties, the Board of Studies, the Board of Examiners and of any committee appointed by the authorities of the University. (7) 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 Register. (8) The Registrar shall exercise such powers and perform such other functions and discharge such other duties as may be prescribed by the Board. (9) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed. The Comptroller:- 15. (1) The Comptroller shall be a whole time salaried officer of the University appointed by the State Government from out of a panel of three names of officers belonging to State Finance Department or Accountant General, Madhya Pradesh. (2) The Comptroller shall hold officer for a period of two years, subject to such terms and conditions as may be specified by the Board: Provided that a person appointed as the Comptroller shall retire from office if, during the term of his office, he completes the age of sixty years or as specified by the State Government from time to time. (3) The emoluments and other terms and conditions of service of the Comptroller shall be such as may be prescribed. (4) Where the office of the Comptroller is vacant or when the Comptroller is, by reason of illness or absence or any other cause, unable to exercise the powers, perform the functions and discharge the duties of his office, the powers, functions and duties of the office of the Comptroller shall be exercised, performed and discharged by such person as the Vice-Chancellor may appoint for the purpose. (5) The Comptroller shall be the ex-officio Secretary to the Finance Committee. (6) The Comptroller shall- (a) exercise general supervision over the funds of the University and shall advice the University as regards its financial policy; and (b) exercise such other powers and perform such other financial functions, as may be assigned to him by the Board or as may be prescribed : Provided that the Comptroller shall not incur any expenditure or make any investment exceeding such amount as may be prescribed except with the previous approval of the Board. (7) Subject to the control of the Board, the Comptroller shall- (a) ensure that the limits fixed by the Board for recurring and non-recurring expenditure for a year are not exceeded and that the moneys are expended for the purposes for which they are granted or allotted; (b) be responsible for the preparation of annual accounts, financial estimates and the budget of the University and for their presentation to the Finance Committee and the Board; (c) keep up constant watch on the cash and bank balances and of investments; (d) watch the progress of the collection of revenue and advice on the methods of collections employed; (e) ensure that the registers of buildings, land, furniture and equipments are maintained up-to-date and the stock checking is conducted in respect of equipments and other consumable materials in all offices, laboratories, colleges and institutions maintained by the University; (f) bring to the notice of the Vice-Chancellor any unauthorized expenditure or other financial irregularity and suggest appropriate action to be taken against person at fault; and (g) call from any office laboratory, college or institution maintained by the University, any information or returns as he may consider necessary for the exercise of his powers, performance of his functions or discharge of his duties. Dean of College:- 16. (1) Each college shall have a Dean, who shall be a whole time Salaried Officer of the University, appointed by the Vice-Chancellor with the approval of the Board on such terms and conditions as may be prescribed. (2) The Dean shall exercise such powers and perform such duties as may be prescribed by the statutes. Dean of Faculty:- 17. (1) The Dean of each Faculty of the University shall be a whole time Salaried Officer of the University appointed by the Vice-Chancellor on the recommendation of the Board. (2) The Dean of each Faculty shall be the Chief Executive and Academic Officer of the Faculty responsible to the Vice-Chancellor for its administration. Duties of Dean of faculty:- 18. (1) The Dean of each Faculty shall be responsible for organization, administration and conducting teaching, research and extension education, administration of farms, research centers, hospitals, diagnostic centers etc under his jurisdiction. (2) The Dean shall- (i) formulate and present policies to the Academic Council for its consideration; (ii) make report to the Vice-Chancellor on the work of the different departments of the Faculty; (iii) supervise the registration and progress of the students in the Colleges of the Faculty; (iv) be responsible to the Vice-Chancellor for the proper use of buildings assigned to the Colleges, Schools and research institutions and of the requirements thereof; (v) prepare the budget in consultation with the appropriate Officers and staff members in the technical area. (3) Every Dean shall have such other powers and perform such other duties as are laid down by or under this Act as may be prescribed. The Director:- 19. (1) The Director of Research, the Director of Extension Education, the Director of Clinics, the Director of Instruction and the Director of Farms shall be the wholetime Officers of the University appointed by the Vice-Chancellor with the approval of the Board on such terms and conditions as may be prescribed. (2) The Director of Research, the Director of Extension education, Director of Farms, Director of Instruction and Director of Clinics shall exercise such powers and perform such duties as may be prescribed by the statutes. Dean Student Welfare:- 20. (1) The Dean of Student Welfare shall be a wholetime Salaried Officer of the University and shall be appointed by the Vice-Chancellor with prior approval of the Board in accordance with the statutes and his emoluments and conditions of service shall be such as may be prescribed by the statutes. (2) The Dean Student Welfare shall exercise such powers and perform such duties as may be conferred or imposed on him by the statutes. CHAPTER-IV AUTHORITIES OF THE UNIVERSITY Authorities of University:- 21. The authorities of the University shall be the Board of Management, the Academic Council, the Faculties, the Board of Studies, the Finance Committee and such other bodies of the University as may be declared by the statutes to be the authorities of the University. The Board of Management:- 22. (1) The Chancellor shall as soon as may be after the first Vice-Chancellor is appointed under section 49, constitute the Board of Management. (2) The Board shall consist of the following members, namely:- Ex-Officio Member (a) the Vice-Chancellor; (b) The Secretary to Government in-charge of Animal Husbandry; (c) the Secretary to Government in-charge of Finance; (d) the Secretary to Government in-charge of Fisheries; (e) the Registrar; (f) the Director, Veterinary Services; (g) the Director, Fisheries. Other Members (a) Two scientists/educationists, having special knowledge or practical experience in research, teaching and extension education in the field of Veterinary and Fisheries Sciences, nominated by the Chancellor; (b) Two progressive livestock farmers nominated by the Government; (c) One representative of the industries connected with animal husbandry or fisheries nominated by the Chancellor; (d) One woman social worker nominated by the Chancellor; (e) One representative of the Indian Council of Agricultural Research (Veterinary Division), nominated by Director General, ICAR; (f) One nominee of the Veterinary Council of India; (g) One Member of Legislative Assembly to be nominated by the Speaker of the Madhya Pradesh Legislative Assembly: Provided that no member so nominated shall be disqualified for being a member of the Legislative Assembly: Provided further that a member of the Madhya Pradesh Legislative Assembly nominated to the Board shall cease to be a member of the Board from the date on which he ceases to be a member of the Madhya Pradesh legislative Assembly; (h) Two members representing agriculture and conversant with agricultural matters nominated by the Government. (3) In case the Secretary to Government in-charge of Animal Husbandry, Fisheries or Finance is unable to attend the meetings of the Board, for any reason, he may depute any officer of his department not lower in rank than that of Deputy Secretary to Government to attend the meetings and the officer so deputed shall have the right to take part in the discussions of the meeting and shall have the right to vote. (4) The Vice-Chancellor shall be the ex-officio Chairman of the Board and the Registrar shall be the ex-officio Secretary to the Board. (5) The terms of officer of the members of the Board, other than the ex-officio members shall be three years. (6) The member of the Board shall not be entitled to receive any remuneration from the University except such daily and travelling allowances as may be prescribed by the statutes : Provided that nothing contained in this sub-section shall preclude any member from drawing his normal emoluments to which he is entitled by virtue of the office he holds. (7) A member of the Board, other than the ex-officio member, may tender resignation of his membership at any time before the expiry of the term of his office and such resignation shall be conveyed to the Chancellor by a letter in writing by the member and the resignation shall take effect from the date of its acceptance by the Chancellor. Powers of Board:- 23. The Board shall have the following powers, namely:- (a) to make statutes and amend or repeal the statutes; (b) to consider and review the financial requirements and approve the annual financial estimates of the University; (c) to provide for the administration of any funds placed at the disposal of the University for the purposes intended; (d) to arrange for the investment and withdrawal of funds of the University; (e) to borrow money for the purposes of the University, with the approval of the Government, on the security of the property of the University and to make suitable arrangements for its repayment; (f) to hold, control and administer the properties of the University; (g) to determine the form, provide for the custody and regulate the use, of the common seal of the University; (h) to appoint such committees, either standing or temporary, as it may consider necessary, and specify the terms of reference thereof subject to the provisions of this Act and statutes; (i) to determine and regulate all questions of policy relating to the University in accordance with the provisions of this Act and the statutes; (j) to make financial provision for the instruction, teaching, research, advancement and dissemination of knowledge in such branches of learning and courses of study as may be determined by the Academic Council; (k) to provide for the establishment and maintenance of colleges, hostels, laboratories, experimental livestock farms and other facilities, necessary for carrying out the purposes of this Act; (l) to provide for the institution and conferment of degrees, diplomas and other academic distinctions; (m) to provide for the institution, maintenance and award of scholarships, fellowships, studentships, bursaries, exhibitions, medals and prizes; (n) to accept, on behalf of the University, trust, bequest, donation and transfer of any movable or immovable property made to it; (o) to enter into contract on behalf of the University; and (p) to exercise such other powers, not inconsistent with the provisions of this Act or the statutes, as may be necessary, for carrying out the purposes of this Act. Meeting of Board:- 24. (1) The Board shall meet at such times and places and shall, subject to the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to transaction of business at its meetings including the quorum at meetings as may be prescribed : Provided that the Board shall meet at least once in three months. (2) The Vice-Chancellor or in his absence, the Principal Secretary/Secretary, Animal Husbandry shall preside at a meeting of the Board. (3) All questions at any meeting of the Board shall be decided by a majority of the votes of the members present and voting and in the case of any quality of votes, the Vice-Chancellor or the member presiding, as the case may be, shall have and exercise a second or casting vote. (4) (a) The Board may, for purposes of consultation, invite any person having special knowledge or practical experience in any subject under consideration to attend any meeting and such person may speak in and otherwise take part in the proceedings of such meeting but shall not be entitled to vote. (b) The persons so invited shall be entitled to such daily and travelling allowances as are admissible to any member of the Board. The Academic Council:- 25. The Academic Council shall be the academic authority of the University and shall, subject to the provisions of this Act and the statutes, have the control and general regulation of teaching and examination in the University and shall be responsible for the maintenance of the standards thereof. Constitution of Academic Council:- 26. (1) The Academic Council shall consist of the following members, namely:- Ex-officio Members (a) the Vice-Chancellor; (b) the Dean of each College, (c) the Dean of each Faculty; (d) the Director of Research; (e) the Director of Extension Education; (f) the Director of Clinics and the Director of Farms; (g) the Registrar. Other Members (a) Five members from amongst the heads of Departments to be nominated by the Vice-Chancellor, on rotational basis; (b) Three persons having special knowledge or practical experience in different aspects of Veterinary and Fisheries sciences preferably the representatives of Indian Council of Agriculture Research and Veterinary Council of India, to be nominated by the Vice-Chancellor. (2) The Vice-Chancellor shall be the ex-officio Chairman of the Academic Council and the Registrar shall be the ex-officio Secretary of the Academic Council. (3) The term of office of the members of the Academic Council, other than the ex-officio members, shall be three years. (4) The members of the Academic Council shall not be entitled to receive any remuneration from the University except such daily and travelling allowances as may be prescribed. Provided that nothing contained in this sub-section shall preclude any member from drawing his normal emoluments to which he is entitled by virtue of the Office he holds. (5) A member of the Academic Council, other than the ex-officio members, may tender resignation of his membership at any time before the expiry of the term of his office and such resignation shall be conveyed to the Chancellor by a letter in writing by the member and the resignation shall take effect from the date of its acceptance by the Chancellor. Powers and functions of Academic Council:- 27. The powers and functions of the Academic Council shall be :- (a) to exercise general control on teaching and other educational programmes and maintain and promote the standards thereof; (b) to make regulations and amend or repeal the same; (c) to make regulations regarding- (i) the admission of students to the University and the number of students to be admitted; (ii) the courses of study leading to degrees, diplomas and other academic distinctions; and (iii) the conduct of examinations and maintenance and promotion of standards of education; (d) to advice the Board on all academic matters including the control and management of libraries; (e) to make recommendation to the Board for the institution of Professorship, Associate Professorship, Readership, Assistant Professorship and other teaching, research and extension education posts and in regard to the duties thereof; (f) to formulate, modify or revise schemes for the constitution or reconstitution of departments of teaching, research and extension education; (g) to make recommendation to the Board regarding post-graduate teaching, research and extension education; (h) to make recommendation to the Board regarding the qualifications to be prescribed for teaching, research and extension education posts in the University; (i) to make recommendation to the Board for the conferment of honorary degrees or other distinctions; and (j) to exercise such other powers and perform such other functions as may be prescribed by the statutes. The Faculties:- 28. (1) The University shall include Faculties of Veterinary and Animal Sciences and such other Faculties as may be prescribed by the Statutes. (2) Each Faculty shall have a Dean who shall be appointed in such manner as may be prescribed. (3) Each Faculty shall comprise such departments of teaching with such assignment of subjects of study as may be prescribed and each department shall have a head who shall be responsible to the Dean for the proper organization and working of the department. (4) The constitution and functions of the Faculties shall, in all other respects, be such as may be prescribed. The Board of Studies:- 29. There shall be a Board of Studies for each faculty, the constitution and functions of which shall be such as may be prescribed. The Finance Committee:- 30. (1) The Board shall appoint a Finance Committee consisting of the following members, namely:- (a) the Vice-Chancellor, (b) the Secretary to Government in-charge of Animal Husbandry and Fisheries; (c) the Secretary to Government in-charge of Finance; (d) one member chosen by the Board from amongst its non-official members; and (e) the Comptroller. (2) In case the Secretary to Government in-charge of Animal Husbandry and Fisheries is unable to attend the meetings of the Finance Committee, for any reasons, he may depute any officer of his department not lower in rank than that of Deputy Secretary to Government to attend the meetings and the officer so deputed dhsll have the right to take part in the discussion of the meetings and shall have the right to vote. (3) The Vice-Chancellor shall be the ex-officio Chairman of the Finance Committee and the Comptroller shall be the ex-officio Secretary of the Finance Committee. (4) The Finance Committee shall:- (a) examine the annual accounts and the annual financial estimates of the University and advise the Board thereon; (b) review the financial position of the University from time to time; (c) make recommendation to the Board on every proposal involving expenditure for which no provision has been made in the annual financial estimates or which involves expenditure in excess of the amount provided for in the annual financial estimates; (d) make recommendation to the Board on all matters relating to the finances of the University; and (e) perform such other functions as may be prescribed. Constitution of other authorities:- 31. The Board may constitute such other authorities of the University as may be necessary in the manner prescribed in the statutes. CHAPTER-V RESEARCH AND EXTENSION EDUCATION ORGANIZATIONS Veterinary and Fisheries Sciences Research Organization:- 32. (1) Subject to the provisions of this Act and the statutes, the University shall establish a Veterinary and Fisheries Sciences Research Organization for doing basic research on problems primarily relating to veterinary, animal husbandry, fisheries and allied subjects and shall for this purpose establish as many veterinary, livestock and fisheries research stations as may be necessary in co-operation with the Department of Animal Husbandry, the Department of Fisheries and the Research Station under the control of the Government. (2) The Veterinary and Animal Sciences Research Organizations shall be developed under the guidance of the Director of Research. Veterinary and Animal Sciences Extension Education Organization:- 33. (1) Subject to the provisions of this Act and the statutes, the University shall establish a Veterinary and Animal Sciences Extension Education Organization which shall make available the information obtained on the basis of research, to students, extension workers, livestock farmers, fish farmers and fishermen and shall conduct demonstration and training programme for the benefit of such persons in co-operation with the Government Department concerned. (2) The University shall undertake such Veterinary and Animal Sciences Extension Education activities as are necessary,- (a) to inform and demonstrate to the livestock farmers, fish farmers and fishermen, the findings and developments of research on improved practices essential to uplift the conditions of the rural living; (b) to increase animal production with special emphasis on food productions and utilization; and (c) to multiply the new breeds and improved strains evolved or introduced by the Veterinary and Animal Sciences Research Organization. (3) The Veterinary and Animal Sciences Extension Education Organization shall be developed under the guidance of the Director of Extension Education. CHAPTER-VI FUNDS AND ACCOUNTS University Fund:- 34. The University shall have a University Fund to which shall be credited,- (a) its income from fees, endowments, grants, donations and gifts, if any; and (b) any contribution or grant made by the Central Government, any State Government, the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 (No. 3 of 1956) or like authority or any local authority or any corporation owned or controlled by such Government. Other Funds:- 35. The University may have such other funds as may be prescribed by the statutes. Management of Funds:- 36. The funds and all moneys of the University shall be managed in such manner as may be prescribed by the statutes. Grants:- 37. (1) The Government shall, every year, make non-lapsable lump sum recurring and nonrecurring grant to the University to meet such additional items of expenditure, as the Government may deem necessary for the proper functioning of the University. (2) The University shall furnish such statements, accounts, report and other particulars relating to any grant made by the Government and its utilization as the Government may require. Annual Accounts:- 38. (1) The annual accounts prepared by the Comptroller shall be submitted to such examination and audit as the Government may direct and a copy of the annual accounts and audit report shall be submitted to the Government. (2) The University shall settle objections raised in the audit and carry out such instructions as may be issued by the Government on the audit report. (3) The Government shall cause the annual accounts and the audit report to be laid before the Legislative Assembly together with their comments. (4) The Comptroller shall, before such date as may be prescribed by the statutes, prepare the annual financial estimates for the ensuring year. (5) The annual accounts and the annual financial estimates prepared by the Comptroller shall be placed before the Board together with the remarks of the Finance Committee for approval at its annual meeting and the Board may pass resolution with reference thereto and communicate the same to the Comptroller who shall take action in accordance therewith. CHAPTER-VII CONDITIONS OF SERVICE Pensions, gratuity etc:- 39. (1) The University shall institute for the benefit of its officers, teachers and other employees such pension, gratuity, insurance and provident fund as it may deem fit, in such manner and subject to such conditions as may be prescribed by the State Government from time to time. (2) The University may, in consultation with the Finance Committee, invest the provident found amount in such manner as it may determine. Explanation.- For the purposes of this section, the word “Officer” shall not include the Chancellor of the University. Conditions of service:- 40. Subject to the provisions of this Act, the appointment, procedure for selection, pay and allowances and other conditions of service of officers, teachers and other employeesof the University shall be such as may be prescribed. CHAPTER-VIII STATUTES AND REGULATIONS Statutes:- 41. Subject to the provisions of this Act, the statutes may provide for all or any of the following matters, namely :- (a) the conditions under which the research in the University may be carried on; (b) the manner in which and the conditions under which the honorary degrees and other distinctions may be conferred; (c) the fixation, payment and receipt of fees and other charges; (d) the prescription of academic qualification and standard for admission to the University; (e) the terms and conditions subject to which the Registrar may be appointed and his powers, functions and duties; (f) the terms and conditions subject to which the Comptroller may be appointed and his powers, functions and duties; (g) the terms and conditions subject to which the Director of Research/Extension Education/Clinics/Farms/Instruction, may be appointed and their powers and duties; (h) the daily and travelling allowances to be paid to the members of the Board, Academic Council and other authorities of the University and the Committees thereof; (i) the assignment of subjects of study for each faculty; (j) the constitution, powers and functions of Faculties; (k) the constitution and functions of the Board of Studies; (l) the constitution, powers and functions of the other authorities of the University; (m) the manner in which the Dean of each faculty may be appointed; (n) the establishment and management of the funds and moneys of the University; (o) the manner of publication of the accounts audited; (p) the period for which and the manner in which the instruction, teaching, training and holding examinations shall be conducted for the students referred to in Section 45; and (q) any other matter which is required to be or may be prescribed by the statutes. Statutes how made:- 42. (1) The Board may, from time to time, make statutes and amend or repeal the statutes in the manner hereinafter provided in this section. (2) The Academic Council may propose to the Board the draft of any statute or of any amendment to, or of repeal of a statute to be passed by the Board and such draft shall be considered by the Board at its next meeting. (3) The Board may consider the draft proposed by the Academic Council under sub-section (2) and may either pass or reject or return the draft with or without amendment to the Academic Council for reconsideration. (4) (a) Any Member of the Board may propose to the Board the draft of a statute and the Board may either accept or reject the draft, if it relates to a matter not falling within the purview of the Academic Council. (b) In case such draft relates to a matter within the purview of the Academic Council, the Board shall refer it for consideration to the Academic Council, which may either report to the Board that it does not approve the draft or submit the draft to the Board in such form as the Academic Council may approve and the Board may either pass, with or without amendment, or reject the draft. (5) A Statute passed by the Board shall be submitted to the Chancellor who may assent thereto or withhold his assent and a statute passed by the Board shall have no validity until it has been assented to by the Chancellor. Regulations:- 43. (1) Subject to the provisions of this Act and the statutes, the authorities of the University may make regulations to provide for all or any of the following matters, namely:_ (a) the manner in which and the conditions subject to which the pension, gratuity, insurance and provident fund may be instituted for the benefit of the officers, teachers and other employees of the University; (b) the appointment procedure for selection, pay and allowances and other conditions of service of officers, teachers and other employees of the University; (c) the giving of notice to the members of any authority of the University, the dates of the meeting and the business to be transacted at the meetings and for keeping a record of the proceedings of the meetings; (d) the procedure to be observed at the meetings and the number of members required to form the quorum; and (e) any other matter which is required to be or may be prescribed by regulations. (2) The Academic Council may, subject to the provisions of the statutes, make regulations providing for the courses of study, system of examinations and award of degrees, diplomas and other academic distinctions of the University, after receiving the drafts of the same from the Board of Studies concerned. (3) The Board may issue such directions as it may think fit to the authority concerned to amend any regulation. CHAPTER-IX TRANSFER OF COLLEGES AND INSTITUTIONS, EMPLOYEES AND FUNDS Transfer of certain colleges and institutions to University:- 44. (1) Notwithstanding anything contained in the Madhya Pradesh Jawaharlal Nehru Krishi Vishwavidyalaya Adhiniyam, 1963 (No. 12 of 1963) and the Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya Adhiniyam, 2009 (No. 4 of 2009) or the statutes, regulations, and orders made thereunder, on and from the commencement of this Act, the Veterinary College, Mhow, the Veterinary College, Jabalpur and Animal Bio-technology Division of Bio-technology Research Centre, Jabalpur, Veterinary College, Rewa, Simrol Farm, Mhow, Krishi Vigyan Kendra and Farms of Animal Husbandry and Fisheries Farm, which immediately proceeding such day were the constituent colleges of Madhya Pradesh Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur and Rajmata Vijaya Raje Scindia Krishi vishwavidyalaya, Gwalior shall be transferred to, and maintained by, the University as the constituent colleges of and the institutions of the University. (2) On and from the commencement of this Act, the control and management of the colleges and institutions specified in sub-section (1) and all properties, assets and liabilities of the Madhya Pradesh Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur and Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior and the Government, in relation thereto shall stand transferred to, and vest in the University. (3) The Government may, at any time after the commencement of this Act, transfer to the University and of its lands for its use on such terms and conditions as it deem proper. (4) The Government may, at anytime after the commencement of this Act, transfer to the University, the control and management of any of its colleges or institutions on such terms and conditions as it deem proper. (5) Notwithstanding anything contained in any other Act for the time being in force, relating to the establishment of a University in the State or the Statutes, Ordinances, regulations and orders made thereunder, on and from the date to be specified by the Government, the colleges or institutions referred to in sub-section (4) shall be disaffiliated from the University to which they were affiliated on the date immediately preceding such specified date and shall be deemed to be colleges or institutions affiliated to the University and the provisions of this Act shall, as far as may be, apply accordingly. Special provision for admission and conferment of degrees:- 45. Notwithstanding anything contained in this Act, the statutes or regulations, every student of the colleges specified in sub-section (1) of Section 44 who, immediately before the commencement of this Act was studying in such colleges or was eligible to be admitted to any examination held or conducted by the Madhya Pradesh Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur and Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior shall be permitted to complete his course of study or be admitted to the examination of the University and the University shall make arrangements : (a) for the instruction, teaching, training and holding examination for such student for such period and in such manner as may be determined by the first Vice-Chancellor in accordance with the course of study in the Madhya Pradesh Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur or Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior; and (b) for the conferment of the correspondent degree, diploma or other academic distinction of the University upon the qualified student on the result of such examination. Transfer of service of certain employees:- 46. (1) Every person who, immediately before the commencement of this Act, is serving in the constituent colleges and institutions of the Madhya Pradesh Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur and Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior specified in sub-section (1) of Section 44 shall, as from the said day, become an employee of the University and shall cease to be an employee of the above Universities. (2) Notwithstanding anything contained in sub-section (1), every employee of the University other than those who are qualified in the filed of Veterinary and Animal Sciences and Fisheries, who, immediately before the commencement of this Act, was serving in the Colleges and Institutions of the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur and Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior specified in sub-section (1) of Section 44 shall, within one month from the date of commencement of this Act, exercise his option to serve in the University or for allotment from such date, whether prospectively or retrospectively, as may be specified by him, to the Madhya Pradesh Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur or Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior and the option once exercised shall be final : Provided that any option exercised by any employee referred to in this sub-section before the commencement of this Act, shall be deemed to have been exercised by such employee under this sub-section. (3) After expiry of the period of one month specified in sub-section (2), the Government may, by order, direct whether prospectively or retrospectively, that the employees of the University specified in such order shall stand allotted to serve in the Madhya Pradesh Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur or Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior with effect from such date, as such remuneration and upon such rights and privileges as to pension, gratuity and other matters, as may be specified in such order. (4) (a) As soon as may be, after the commencement of this Act, the Government may, after consulting the Vice-Chancellors of the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur and Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior and the Madhya Pradesh Veterinary Sciences University direct, by general or special order, that; (i) such of the employees of the Government who, immediately before the commencement of this Act, were serving in the institutions specified in sub-section (1) of Section 44; and (ii) such of the employees of the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur and Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior as are specified in such order, Shall stand allotted to serve in connection with the affairs of the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur, Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior or the Madhya Pradesh Veterinary Sciences University with effect from such date as may be specified in such order: Provided that no such order shall be issued in respect of any such employee without his consent for such allotment. (b) With effect on and from the date specified in the order under clause (a), the persons specified in such order shall become employees of the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur, Rajmata, Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior or the Madhya Pradesh Veterinary Sciences University, as the case may be. (5) Every person referred to in sub-sections (1) and (2) shall hold office under the University by the same tenure at the same remuneration and upon the same rights and privileges as to pension or gratuity, if any, and other matters as he would have held the same on the commencement of this Act or the date specified in the order under clause (a) of sub-section (4), as the case may be, as if this Act had not been passed. (6) The liability to pay pension and gratuity to the persons referred to in sub-sections (1) and (4) shall be the liability of the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur, Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior or Madhya Pradesh Veterinary Sciences University, as the case may be. (7) The liability of pay pension and gratuity to the persons specified in the order under sub-section (3) shall be liability of the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur or Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior, as the case may be. Provident fund, pension and other fund:- 47. (1) The sums of the credit of the provident fund accounts of the persons referred to in sub-section 91) of Section 46 as on the appointed day and of the persons referred to in sub-section (4) of that section as on the date specified in the order under clause (a) of the said sub-section (4) shall be transferred to the University and the liability in respect of the said provident fund accounts shall be the liability of the University. (2) The sums at the credit of the provident fund accounts of the person specified in the order under sub-section (3) of Section 46 as on the date specified in that order shall be transferred to the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur or Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior and the liability in respect of the said provident fund accounts shall be the liability of the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur or Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior as the case may be. (3) There shall be paid to the University out of the accumulations in the superannuation fund and other like funds, if any, of the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur, Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior or as the case may be, of the Government such amounts as have been credited to the superannuation fund or other like funds, if any, on behalf of the persons referred to in sub-sections (1) and (4) of Section 46, and the amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the University for the benefit of its employees. (4) There shall bepaid to the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur and Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior out of the accumulations in the superannuation funds and other like funds, if any, of the University, or, as the case may be, of the Government, such amounts as have been credited to the superannuation fund or other like funds, if any, on behalf of the persons specified in the order under sub-section (2) of Section 46 and the amount so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur and Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior for the benefit of its employees. Transfer of fund:- 48. (1) The Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur and Rajmata Vijaya Raje Scindic Krishi Vishwavidyalaya, Gwalior shall, out of its funds as on the commencement of this Act, pay to the University, such amount as the Government may, in consultation with the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur and Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya, Gwalior, specify. (2) The amount payable under sub-section (1) shall be in addition to the amounts transferred under Section 47. CHAPTER-X TRANSITORY PROVISIONS Appointment and term of the first Vice-Chancellor:- 49. Notwithstanding anything contained in sub-section (1) of Section 11, within six months from the commencement of this Act, the first Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government on a salary to be fixed by it for a period not exceeding four years and on such other conditions as it think fit. Appointment and terms of first Registrar:- 50. Notwithstanding anything contained in sub-section (1) of Section 14, within three months from the appointed day, the first Registrar shall be appointed by the Government on a salary to be fixed by them, for a period not exceeding five years and on such other conditions as the think fit: Provided that the person appointed as the first Registrar shall retire office if, during the term of his office, he completes the age of sixty years. Arrangement for Board of Management Academic Council etc:- 51. (1) It shall be the duty of the first Vice-Chancellor to make arrangements for constituting the Board of Management, the Academic Council and such other authorities of the University specified in Section 21 within six months from the commencement of this Act or such longer period, not exceeding one year, as the Government may, by notification, allow. (2) The first Vice-Chancellor shall, in consultation with the Government, make such rules as may be necessary for the functioning of the University. (3) The authorities constituted under sub-section (1) shall commence to exercise their powers and perform their functions on such date or dates as the Government may, by notification, specify. (4) It shall be the duty of the first Vice-Chancellor to make such statutes and regulations as may be necessary, with the approval of the Chancellor and submit them to the respective authorities, competent to deal with them for their disposal and such statutes and regulations when framed shall be published in the Madhya Pradesh Gazette. (5) Notwithstanding anything contained in this Act and the statutes and regulations, until such time an authority is duly constituted, the first Vice-Chancellor may appoint any officer or constitute any Committee temporarily to exercise and perform any of the powers and functions of such authority under this Act, the statutes and the regulations. CHAPTER-XI EMERGENCY PROVISIONS State Government to assume financial:- 52. (1) If the State Government is satisfied that owing to maladministration or financial mismanagement in the University a situation has arisen whereby financial stability of the University has become insecure, it may by notification, declare that the finances of the University shall be subject to the control of the State Government. (2) Every notification issued under sub-section (1) shall, in the first instance, remain in operation for a period of one year from the date specified in the notification and the State Government may, from time to time, by a like notification, extend the period of operation by such further period as it may think fit, provided that the total period of operation does not exceed three years. (3) During the period the notification issued under sub-section (1) remain in operation, the executive authority of the State Government shall extend to the giving of directions to the University to observe such canons of financial propriety as may be specified in the direction and to the giving of such other directions as the State Government may deem necessary. (4) Notwithstanding anything contained in this Act, any such direction may include:- (i) a provision requiring the submission of the budget to the State Government for sanction; (ii) a provision requiring the University to submit every proposal involving financial implications to the State Government for sanction; (iii) a provision requiring the submission of every proposal for revision of scales of pay and rates of allowances of the officers, teachers and other persons employed by the University to the State Government for sanction; (iv) a provision requiring the reduction of salaries and allowances of all or any class of persons employed by the University; (v) a provision requiring the reduction in the number of officers, teachers and other persons employed by the University; (vi) a provision requiring the lowering down of scales of pay and rates of allowances; and (vii) a provision in regard to such other matters as may have the effect of reducing the financial strain on the University. (5) Notwithstanding anything contained in this Act, it shall be binding on every authority of the University and every officer of the University to give effect to the direction given under this Section. (6) Every officer of the University shall be personally liable for misapplication of any fund or property of the University as a result of non-compliance of the direction given under this Section to which he shall have been a party or which shall have happened through or been facilitated by gross neglect of his duty as such officer, and the loss so incurred shall, on a certificate issued by the Principal Secretary/Secretary to Government of Madhya Pradesh, Animal Husbandry Department, be recovered from such officer as an arrear of Land Revenue: Provided that no action to recover the amount of loss as an arrear of Land Revenue shall be taken until reasonable opportunity has been given to the person concerned to furnish an explanation and such explanation has been considered by the State Government. Special Provision for better administration of University in certain circumstances:- 53. (1) If the State Government, on receipt of a report or otherwise, is satisfied that a situation has arisen in which the administration of the University cannot be carried out in accordance with the provisions of this Act, without detriment to the interests of the University, and it is expedient in the interest of the University so to do, it may by notification, for reasons to be mentioned therein, direct that the provisions of sub-sections (2), (3), (4) and (5) shall, as from the date specified in the notification (hereinafter in this section referred to as the appointed date), apply to the University. (2) The notification issued under sub-section (1) (hereinafter referred to as the notification) shall remain in operation for a period of one year from the appointed date and the State Government may, from time to time, extend the period by such further period as it may think fit so, however that the total period of operation of the notification does not exceed three years. (3) As from the appointed date the Vice-Chancellor, holding office immediately before the appointed date, shall notwithstanding that his term of office has not expired, vacate his office, and the Chancellor shall simultaneously with the issue of the notification appoint the Vice-Chancellor and the Vice-Chancellor so appointed shall hold office during the period of operation of the notification: Provided that the Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government and may be removed by the Chancellor in the like manner: Provided further that the Vice-Chancellor may notwithstanding the expiration of the period of operation of the notification, continue to hold office thereafter until his successor enters upon office but this period shall not exceed six months. (4) As from the appointed date, the following consequences shall ensue, namely:- (i) every person holding office as a member of a Board or the Academic Council as the case may be, immediately before the appointed date shall cease to hold that office; (ii) until the Board or Academic Council, as the case may be, is reconstituted, the Vice-Chancellor appointed under sub-section (3) shall exercise the powers and perform the duties conferred or imposed by or under this Act, on Board or Academic Council: Provided that the Chancellor may, if he considers it necessary so to do, appoint a committee consisting of an educationist, an administrative expert and a financial expert to assist the Vice-Chancellor so appointed in exercise of such powers and performance of such duties: Provided further that such committee shall be appointed in consultation with the State Government. (5) Before the expiration of the period of operation of the notification or immediately as early as practicable, thereafter, the Vice-Chancellor shall take steps to constitute Board and Academic Council in accordance with the provisions of the Act, and the Board and Academic Council as so constituted shall begin to function on the date immediately following the date of expiry of the period of operation of the notification or the date on which the respective bodies are so constituted whichever is later: Provided that if the Board and Academic Council are not constituted before the expiration of the period of operation of the notification, the Vice-Chancellor shall on such expiration exercise the powers of each of these authorities subject to prior approval of the Chancellor till the Board or Academic Council, as the case may be, is so constituted. CHAPTER XII MISCELLANEOUS Inspection and inquiry:- 54. (i) The Chancellor shall have the right to cause an inspection to be made by such person or persons as he may direct.- (a) of the University, its buildings, laboratories, libraries, museums, workshops and equipments; (b) of any college, institution or hostel maintained by the University; (c) of the teaching and other work conducted or done by the University; or (d) of the conduct of any examination held by the University. (2) The Chancellor shall also have the right to cause an inquiry to be made by such person or persons as he may direct in respect of any matter connected with the administration or finance of the University. (3) The Chancellor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall be entitled to the represented at such inspection or inquiry. (4) The Chancellor shall communicate to the University his views with reference to the result of such inspection or inquiry and may, after ascertaining the opinion of the University therein, advise the University upon the action to be taken and fix a time limit for taking such action. (5) The University shall, within the time limit so fixed, report to the Chancellor the action taken or proposed to be taken on the advice tendered by the Chancellor. (6) If the University does not take action within the time limit fixed or if the action taken by the University is in the opinion of the Chancellor not satisfactory, the Chancellor may, after considering any explanation offered or representation made by the University, issue such direction as he may deem fit and the University shall comply with such direction. (7) If the University does not comply with such direction within such time as may be fixed in that behalf by the Chancellor, the Chancellor shall have power to appoint any person or body to comply with such direction and make such order as may be necessary for the expenses thereof. Annual Report:- 55. (1) The annual report of the University shall be prepared under the direction of the Vice-Chancellor and submitted to the Board at least one month before the annual meeting at which it is to be considered. (2) The Board shall, after considering the annual report, forward a copy thereof to the Government. (3) On receipt of a copy of the annual report, the Government shall cause a copy such report together with their comments thereon to be laid before the Legislative Assembly. Dispute as to constitution of University with authorities and bodies:- 56. If an question arises whether any person has been duly nominated as, or is entitled to be, a member of any authority of the University or other body of the University, the question shall be referred to the Chancellor whose decision thereon shall be final. Disqualification for membership:- 57. (1) No person shall be qualified for nomination as a member of any of the authorities of the University, if, on the date of such nomination he is- (a) of unsound mind or a deaf-mute; or (b) an applicant to be adjudicated as an insolvent or an undischarged insolvent; or (c) sentenced by a criminal court to imprisonment for any offence involving moral turpitude. (2) In case of dispute or doubt as to whether a person is disqualified under sub-section (1), the Board shall refer such case to the Chancellor, whose decision shall be final. Filling of casual vacancies:- 58. All casual vacancies among the members (other than ex-officio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who or which nominated the member whose place has become vacant and the persons nominated to a casual vacancy shall be a member of such authority or body for the remainder of the term for which the member whose place he fills would have been a member: Provided that no causal vacancy shall be filled, if such vacancy occurs within six months before the date of the expiry of the term of the members of any authority or other body of the University. Removal from membership:- 59. (1) The Board may remove, by an order in writing made in this behalf, any person from membership of any authority of the University by a resolution passed by a majority of the total membership of the Board and by a majority of not less than two third of the members of the Board present and voting at the meeting, if such person has been convicted by a Criminal Court for an offence which in the opinion of the Board involves moral turpitude, or if he has been guilty of gross misconduct and for the same reasons the Board may withdraw any degree or diploma or other academic distinction conferred on, or granted to, that person by the University. (2) The Board may also by an order in writing made in this behalf remove any person from the membership of any authority of the University if he becomes of unsound mind or has applied to be adjudicated or has been adjudicated as an insolvent. (3) No action under this section shall be taken against any person unless he has been given a reasonable opportunity to show cause against the action proposed to be taken. (4) A copy of every order passed under sub-section (1) or sub-section (2), as the case may be shall, as soon as may be after it is so passed, be communicated to the person concerned in the manner prescribed. Constitution of Committees and delegation of powers:- 60. All the authorities of the University shall have power to constitute or reconstitute committees and to delegate to them such of their powers as they deem fit, and such committees shall, save as otherwise provided, consist of members of the authority concerned and of such other persons, if any, as the authority in each case may think fit. Proceedings not to be invalidated by reason of vacancy:- 61. No Act or proceeding of any authority or other body of the University shall be invalidated merely by reason of the existence of any vacancy or of any defect or irregularity in the appointment of a member of any authority or of other body of the University or of any defect or irregularity in any such Act or proceeding not affecting the merits of the case or on the ground only that the Board did not meet once in every three months. Authorities to be public servant:- 62. The Vice-Chancellor, the Registrar, the Comptroller, the Deans, the Director of Research/Extension Education, and other employees of the University shall be deemed, when acting or purporting to Act in pursuance of any of the provisions of this Act to be public servants within the meaning of Section 21 of the Indian penal Code, 1860 (45 of 1860). Removal of difficulties:- 63. (1) If any difficulty arises in giving effect to the provisions of this Act, the Stat Government may, by order published in Official Gazette, not inconsistent with the provision of this Act, remove the difficulty: Provided that no such order shall be issued after the expiry of two years from the appointed day. (2) Every notification issued under sub-section (1) or under any other provisions of this Act shall, as soon as possible after it is issued, be placed on the table of the Legislative Assembly, and if before the expiry of the session in which it is so placed, or the next session, the Assembly makes any modification in any such notification or the Assembly decides that the notification should not be issued, the notification shall thereafter have effect only in such modified form, or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under the notification. Savings:- 64. (1) On and from the commencement of this Act, the Provisions of the Jawaharlal Nehru Krishi Vishwavidyalaya Adhiniyam, 1963 (No. 12 of 1963) and Rajmata Vijaya Raje Scindia Krishi Vishwavidyalaya Adhiniyam, 2009 (No.4 of 1009) (hereinafter in this section referred to as the said Acts) shall cease to apply in respect of the colleges and the institutions to which this Act applies. (2) Such cessor shall not affect- (a) the previous operation of the said Acts; or (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Acts; or (c) any investigation, legal proceeding or remedy in respect of such penalty, forfeiture or punishment and any such investigation legal proceeding or remedy may be instituted, continue or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed. (3) Notwithstanding anything contained in sub-section (1) all statutes and regulations made under the said Acts and in force on the appointed day, shall in so far as they are not inconsistent with the provisions of this Act, continue to be in force until they are repealed by statutes and regulations to be made under this Act. THE SCHEDULE [See Section 1(3)] Recognized Veterinary Colleges and Institutions under the Madhya Pradesh Veterinary Sciences University
| S. No. (1) | Name of the Colleges/Institutions (2) | Place (3) | | 1 | College of Veterinary Science and Animal Husbandry | Jabalpur | | 2 | College of Veterinary Science and Animal Husbandry | Mhow | | 3 | College of Veterinary Science and Animal Husbandry | Rewa | | 4 | Government Poultry Farm | Adhartal, Jabalpur | | 5 | Government Bull Rearing Farm | Adhartal Jabalpur | | 6 | Animal Bio-technology Division of Bio-technology | Jabalpur |
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