The Dr. Rajendra Prasad Central Agricultural University Act, 2016.
Administered Ministry: Ministry of Agriculture and Farmers Welfare / Department of Agricultural Research and Education
Section
Section 41 Mode of proof of University records.
A copy of any receipt, application, notice, order, proceeding, resolution of any authority or Committee of the University, or other documents in possession of the University, or any entry in any register duly maintained by the University, if verified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), or in any other law for the time being in force.
Section 42 Effect of establishment of University
(1) On and from the date of commencement of this Act,—
(a) any reference to the Rajendra Agricultural University in any contract or other instrument shall be deemed as a reference to the University;
(b) all property, movable and immovable, of or belonging to the Rajendra Agricultural University shall vest in the University;
(c) all rights and liabilities of the Rajendra Agricultural University shall be transferred to, and be the rights and liabilities of, the University.
(2) Every person permanently employed in the Rajendra Agricultural University immediately before the commencement of the Act who meets the requisite qualification and criteria of recruitment in the University shall be provided an opportunity to be employed as such:
Provided that every member of the academic staff and member of Faculty who does not meet the requisite qualification and criteria shall be given an opportunity for two years to upgrade the qualification and to meet the criteria:
Provided further that every other person permanently employed shall be given an opportunity to upgrade the qualification and to meet the criteria, in the manner provided by the Regulations:
Provided also that the tenure, remuneration, terms and conditions, rights and privileges as to pension, leave, gratuity, provident fund and all other matters of every other person permanently employed by the Rajendra Agricultural University shall be determined by the State Government of Bihar.
(3) All efforts shall be made by the State Government of Bihar to engage any surplus or temporary academic staff, teacher, member of Faculty or other employee of the Rajendra Agricultural University, by or against whom any dispute is pending.
(4) Any dispute or litigation, the cause of action for which has arisen between any member of academic staff, teacher, member of Faculty or other employee and the Rajendra Agricultural University before the commencement of this Act shall be instituted, prosecuted or continued between the academic staff, teacher, member of Faculty or other employee and the Rajendra Agricultural University, as if this Act had not been enacted, and all such cases shall be managed by a special cell to be constituted by the State Government of Bihar and all expenses relating to the management of such cases including any compensation payable to any person thereof shall be borne by the State Government.
(5) Any academic course, programme or scheme as on the date of commencement of the Act shall be continued, till the completion of the course, programme or scheme with such modifications as the University may deem fit.
(6) The State Government of Bihar and the University shall bear the proportionate cost of pension and other liabilities of every academic staff, teacher, member of Faculty or other employee, proportionate to the extent of the respective period of service of the person and the State Government shall provide its contribution to the University which may discharge any liability on account of this.
(7) Any matter relating to permanent record of students, teachers, academic staff, Faculty and every other employee shall be provided by Regulations.
(8) Pension and all other post-retirement benefits including medical benefits of every academic staff, teacher, faculty member and every other employee who has superannuated before the commencement of this Act shall be borne by the State Government of Bihar, the payment of which shall be made through the University and shall be governed by the rules relating thereof made by the State Government of Bihar in this behalf.
(9) The retirement age of every teacher, academic staff, Faculty and every other employee of the University shall be governed by any law for the time being in force.
(10) Any matter governing the conditions of service relating to the teacher, academic staff, Faculty and every other employee for which no provision has been made in this Act, shall be determined by the corresponding provisions made by the Central Government.
(a) any reference to the Rajendra Agricultural University in any contract or other instrument shall be deemed as a reference to the University;
(b) all property, movable and immovable, of or belonging to the Rajendra Agricultural University shall vest in the University;
(c) all rights and liabilities of the Rajendra Agricultural University shall be transferred to, and be the rights and liabilities of, the University.
(2) Every person permanently employed in the Rajendra Agricultural University immediately before the commencement of the Act who meets the requisite qualification and criteria of recruitment in the University shall be provided an opportunity to be employed as such:
Provided that every member of the academic staff and member of Faculty who does not meet the requisite qualification and criteria shall be given an opportunity for two years to upgrade the qualification and to meet the criteria:
Provided further that every other person permanently employed shall be given an opportunity to upgrade the qualification and to meet the criteria, in the manner provided by the Regulations:
Provided also that the tenure, remuneration, terms and conditions, rights and privileges as to pension, leave, gratuity, provident fund and all other matters of every other person permanently employed by the Rajendra Agricultural University shall be determined by the State Government of Bihar.
(3) All efforts shall be made by the State Government of Bihar to engage any surplus or temporary academic staff, teacher, member of Faculty or other employee of the Rajendra Agricultural University, by or against whom any dispute is pending.
(4) Any dispute or litigation, the cause of action for which has arisen between any member of academic staff, teacher, member of Faculty or other employee and the Rajendra Agricultural University before the commencement of this Act shall be instituted, prosecuted or continued between the academic staff, teacher, member of Faculty or other employee and the Rajendra Agricultural University, as if this Act had not been enacted, and all such cases shall be managed by a special cell to be constituted by the State Government of Bihar and all expenses relating to the management of such cases including any compensation payable to any person thereof shall be borne by the State Government.
(5) Any academic course, programme or scheme as on the date of commencement of the Act shall be continued, till the completion of the course, programme or scheme with such modifications as the University may deem fit.
(6) The State Government of Bihar and the University shall bear the proportionate cost of pension and other liabilities of every academic staff, teacher, member of Faculty or other employee, proportionate to the extent of the respective period of service of the person and the State Government shall provide its contribution to the University which may discharge any liability on account of this.
(7) Any matter relating to permanent record of students, teachers, academic staff, Faculty and every other employee shall be provided by Regulations.
(8) Pension and all other post-retirement benefits including medical benefits of every academic staff, teacher, faculty member and every other employee who has superannuated before the commencement of this Act shall be borne by the State Government of Bihar, the payment of which shall be made through the University and shall be governed by the rules relating thereof made by the State Government of Bihar in this behalf.
(9) The retirement age of every teacher, academic staff, Faculty and every other employee of the University shall be governed by any law for the time being in force.
(10) Any matter governing the conditions of service relating to the teacher, academic staff, Faculty and every other employee for which no provision has been made in this Act, shall be determined by the corresponding provisions made by the Central Government.
Section 43 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provision of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulties:
Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Section 44 Transitional provisions.
Notwithstanding anything contained in this Act, and the Statutes,—
(a) the first Chancellor and the first Vice-Chancellor shall be appointed by the Visitor and shall hold office for a term of five years;
(b) the first Registrar and the first Comptroller shall be appointed by the Visitor and each of the said officers shall hold office for a term of three years;
(c) the first members of the Board shall be nominated by the Visitor and shall hold office for a term of three years;
(d) the first members of the Academic Council shall be nominated by the Visitor and shall hold office for a term of three years:
Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the Visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.
(a) the first Chancellor and the first Vice-Chancellor shall be appointed by the Visitor and shall hold office for a term of five years;
(b) the first Registrar and the first Comptroller shall be appointed by the Visitor and each of the said officers shall hold office for a term of three years;
(c) the first members of the Board shall be nominated by the Visitor and shall hold office for a term of three years;
(d) the first members of the Academic Council shall be nominated by the Visitor and shall hold office for a term of three years:
Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the Visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.
Section 45 Repeal of Bihar Agricultural University Act.
(1) The Bihar Agricultural University Act, 1987 (Bihar Act 8 of 1988), in so far as it relates to the Rajendra Agricultural University, Pusa, Bihar is hereby repealed.
(2) Notwithstanding the repeal,—
(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted or other things done under the Bihar Agricultural University Act, 1987 (Bihar Act 8 of 1988), in so far as it relates to the Rajendra Agricultural University, Pusa, Bihar, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act, and, except as otherwise provided by or under this Act or the Statues, continue in force unless and until they are superseded by any order made under this Act or the Statues; and
(b) all proceedings of Selection Committees for the appointment or promotions of teachers that took place before the commencement of this Act and all actions of the Governing Body in respect of the recommendations of such Selection Committees where no orders of appointment on the basis thereof were passed before the commencement of this Act, in so far as it relates to Rajendra Agricultural University, shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the Visitor, a decision to the contrary.
(2) Notwithstanding the repeal,—
(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted or other things done under the Bihar Agricultural University Act, 1987 (Bihar Act 8 of 1988), in so far as it relates to the Rajendra Agricultural University, Pusa, Bihar, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act, and, except as otherwise provided by or under this Act or the Statues, continue in force unless and until they are superseded by any order made under this Act or the Statues; and
(b) all proceedings of Selection Committees for the appointment or promotions of teachers that took place before the commencement of this Act and all actions of the Governing Body in respect of the recommendations of such Selection Committees where no orders of appointment on the basis thereof were passed before the commencement of this Act, in so far as it relates to Rajendra Agricultural University, shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the Visitor, a decision to the contrary.
Section 46 Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. 3 docs
(1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.
(2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statutes, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation 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 of anything previously done under that Statute, Ordinance or Regulation.
(3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such Statutes, Ordinances or Regulations may be applicable.
(2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statutes, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation 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 of anything previously done under that Statute, Ordinance or Regulation.
(3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such Statutes, Ordinances or Regulations may be applicable.