The Haryana and Punjab Agricultural Universities Act, 1970
Administered Ministry: Ministry of Agriculture and Farmers Welfare / Department of Agricultural Research and Education
Section
Section 21 Deans of colleges.
(1) Each college shall have a Dean who shall be a whole-time officer and shall be appointed by the Vice-Chancellor with the approval of the Board.
(2) The Dean shall be responsible to the Vice-Chancellor for all matters concerning his college.
(3) The Dean shall be responsible for the organisation and the conduct of resident instruction of the Departments of the college.
(2) The Dean shall be responsible to the Vice-Chancellor for all matters concerning his college.
(3) The Dean shall be responsible for the organisation and the conduct of resident instruction of the Departments of the college.
Section 22 The Librarian.
(1) The Librarian of a corresponding University shall be appointed by the Vice-Chancellor with the approval of the Board and shall be in charge of the library.
(2) The Librarian shall be responsible to the Vice-Chancellor for all matters concerning the library.
(2) The Librarian shall be responsible to the Vice-Chancellor for all matters concerning the library.
Section 23 Academic Council.
(1) The Academic Council shall be in charge of the academic affairs of the University and shall, subject to the provisions of this Act and the Statutes, superintend, direct and control, and be responsible for the maintenance of standards of instruction, education and examinations and other matters connected with the obtaining of degrees and shall exercise such other powers and perform such other duties as may be prescribed.
(2) Without prejudice to the generality of the foregoing power, the Academic Council shall have power--
(a) to advise the Vice-Chancellor on all academic matters, including the control and management of the libraries;
(b) to co-opt at its meetings such Heads of Departments as it may consider necessary;
(c) to make recommendations to the Vice-Chancellor for the institution of the Professorships, Associate Professorships, Assistant Professorships and teacherships and other teaching posts and in regard to the duties and emoluments thereof;
(d) to formulate, modify or revise schemes for the constitution or reconstitution of departments of teaching, research and extension;
(e) to make regulations regarding the admission of students to the University;
(f) to make regulations regarding examinations conducted by the University and the conditions on which students shall be admitted to such examinations;
(g) to make regulations relating to courses of study leading to degrees, diplomas and certificates;
(h) to make recommendations regarding post-graduate teaching, research and extension;
(i) to make recommendations regarding the qualifications to be prescribed for teachers in the University;
(j) to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under the provisions of this Act.
(3) The Academic Council shall consist of--
(a) the Vice-Chancellor;
(b) the Deans of the colleges of the University;
(c) the Dean of Post-Graduate Studies;
(d) the Director of Extension Education;
(e) the Director of Research;
(f) the Head of one Department from each college, to be selected by the respective college.
(4) The term of office of the members specified in clause (f) of sub-section (3) shall be two years.
(2) Without prejudice to the generality of the foregoing power, the Academic Council shall have power--
(a) to advise the Vice-Chancellor on all academic matters, including the control and management of the libraries;
(b) to co-opt at its meetings such Heads of Departments as it may consider necessary;
(c) to make recommendations to the Vice-Chancellor for the institution of the Professorships, Associate Professorships, Assistant Professorships and teacherships and other teaching posts and in regard to the duties and emoluments thereof;
(d) to formulate, modify or revise schemes for the constitution or reconstitution of departments of teaching, research and extension;
(e) to make regulations regarding the admission of students to the University;
(f) to make regulations regarding examinations conducted by the University and the conditions on which students shall be admitted to such examinations;
(g) to make regulations relating to courses of study leading to degrees, diplomas and certificates;
(h) to make recommendations regarding post-graduate teaching, research and extension;
(i) to make recommendations regarding the qualifications to be prescribed for teachers in the University;
(j) to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under the provisions of this Act.
(3) The Academic Council shall consist of--
(a) the Vice-Chancellor;
(b) the Deans of the colleges of the University;
(c) the Dean of Post-Graduate Studies;
(d) the Director of Extension Education;
(e) the Director of Research;
(f) the Head of one Department from each college, to be selected by the respective college.
(4) The term of office of the members specified in clause (f) of sub-section (3) shall be two years.
Section 24 The colleges.
(1) The following colleges shall be the constituent colleges of the Haryana Agricultural University, namely:--
(a) the College of Agriculture at Hissar;
(b) the College of Veterinary Medicine at Hissar;
(c) the College of Animal Sciences at Hissar;
(d) the College of Basic Sciences and the Humanities and such other colleges as may be established by the University after the commencement of this Act; and
(e) such Central Government institutions of agricultural research, technical and extension education in the State of Haryana as may desire to be integrated as colleges of the Haryana Agricultural University.
(2) The following colleges shall be the constituent colleges of the Punjab Agricultural University, namely:--
(a) the College of Agriculture at Ludhiana;
(b) the College of Agricultural Engineering at Ludhiana;
(c) the College of Basic Sciences and the Humanities at Ludhiana;
(d) the College of Home Sciences at Ludhiana;
(e) the College of Veterinary Medicine at Ludhiana;
(f) until a University is established in the Union territory of Himachal Pradesh, the Agricultural College at Palampur;
(g) such other colleges as may be established by the University after the commencement of this Act; and
(h) such Central Government institutions of agricultural research, technical and extension education in the State of Punjab as may desire to be integrated as colleges of the Punjab Agricultural University.
(3) (a) There shall be a Board of Studies for each college of a corresponding University and where there is more than one college in a branch of learning, there may be one Board of Studies for all the colleges in that branch of learning.
(b) The Deans of various colleges shall be the Chairmen of the respective Boards of Studies and the Heads of Departments of the colleges shall be members thereof.
(c) Where there is a Board of Studies for more than one college in a branch of learning, the Deans shall act as Chairmen of the Board of Studies by rotation according to seniority for a period of one year each.
(d) The Vice-Chancellor may nominate to the Board of Studies such other teachers of related subjects or sciences from the same or other colleges, as he may deem fit.
(e) The duties of such Boards of Studies shall be to prescribe syllabi so as to ensure integrated and well-balanced courses of study.
(4) Every college shall comprise such Departments as may be prescribed and each Department shall be assigned such subjects of study as the Academic Council may deem fit.
(5) There shall be a Head of each Department who shall be responsible to the Dean, for resident instruction, to the Director of Research, for research, and to the Director of Extension Education, for extension education.
(6) The Head of each Department shall be selected by the Vice-Chancellor and appointed by him with the approval of the Board.
(7) The duties, powers and functions of the Heads of Departments shall be such as may be prescribed.
(a) the College of Agriculture at Hissar;
(b) the College of Veterinary Medicine at Hissar;
(c) the College of Animal Sciences at Hissar;
(d) the College of Basic Sciences and the Humanities and such other colleges as may be established by the University after the commencement of this Act; and
(e) such Central Government institutions of agricultural research, technical and extension education in the State of Haryana as may desire to be integrated as colleges of the Haryana Agricultural University.
(2) The following colleges shall be the constituent colleges of the Punjab Agricultural University, namely:--
(a) the College of Agriculture at Ludhiana;
(b) the College of Agricultural Engineering at Ludhiana;
(c) the College of Basic Sciences and the Humanities at Ludhiana;
(d) the College of Home Sciences at Ludhiana;
(e) the College of Veterinary Medicine at Ludhiana;
(f) until a University is established in the Union territory of Himachal Pradesh, the Agricultural College at Palampur;
(g) such other colleges as may be established by the University after the commencement of this Act; and
(h) such Central Government institutions of agricultural research, technical and extension education in the State of Punjab as may desire to be integrated as colleges of the Punjab Agricultural University.
(3) (a) There shall be a Board of Studies for each college of a corresponding University and where there is more than one college in a branch of learning, there may be one Board of Studies for all the colleges in that branch of learning.
(b) The Deans of various colleges shall be the Chairmen of the respective Boards of Studies and the Heads of Departments of the colleges shall be members thereof.
(c) Where there is a Board of Studies for more than one college in a branch of learning, the Deans shall act as Chairmen of the Board of Studies by rotation according to seniority for a period of one year each.
(d) The Vice-Chancellor may nominate to the Board of Studies such other teachers of related subjects or sciences from the same or other colleges, as he may deem fit.
(e) The duties of such Boards of Studies shall be to prescribe syllabi so as to ensure integrated and well-balanced courses of study.
(4) Every college shall comprise such Departments as may be prescribed and each Department shall be assigned such subjects of study as the Academic Council may deem fit.
(5) There shall be a Head of each Department who shall be responsible to the Dean, for resident instruction, to the Director of Research, for research, and to the Director of Extension Education, for extension education.
(6) The Head of each Department shall be selected by the Vice-Chancellor and appointed by him with the approval of the Board.
(7) The duties, powers and functions of the Heads of Departments shall be such as may be prescribed.
Section 25 Experiment Stations for research.
(1) Subject to the provisions of this Act and the Statutes, Experiment Stations shall be established under each corresponding University, which shall be responsible for research, both fundamental and applied, and research activities shall be concentrated as far as possible at the Central Research Stations and other Regional Research and Testing Stations in the different agro-climatic zones of the State.
(2) There shall be a Director of Research in each corresponding University, who shall be responsible to the Vice-Chancellor and who shall be appointed by the Vice-Chancellor in consultation with the Deans and with the approval of the Board.
(3) The Director of Research shall be a whole-time officer trained in Agriculture and shall initiate, guide and co-ordinate the research programme of the corresponding University and its outlying sub-stations.
(2) There shall be a Director of Research in each corresponding University, who shall be responsible to the Vice-Chancellor and who shall be appointed by the Vice-Chancellor in consultation with the Deans and with the approval of the Board.
(3) The Director of Research shall be a whole-time officer trained in Agriculture and shall initiate, guide and co-ordinate the research programme of the corresponding University and its outlying sub-stations.
Section 26 Agricultural Extension Education.
(1) In relation to the territories to which the functions of a corresponding University extend, such University shall be responsible for--
(a) the agricultural extension functions which are primarily educational in nature; and
(b) imparting training to the future Extension Officers for the National Extension Blocks and instructors for the Extension Training Centres.
(2) All Extension Specialists, in relation to any subject-matter, shall be the members of the staff of their respective subject-matter sections in each corresponding University and work in close co-ordination with the Departments of Agriculture, Development and Co-operatives.
(3) The Director of Extension Education shall be a whole-time officer technically trained in agriculture and shall be appointed by the Vice-Chancellor in consultation with the Deans and with the approval of the Board.
(4) The Director of Extension Education shall be responsible to the Vice-Chancellor and shall develop programmes for assisting farmers and housewives in applying results of scientific investigations to the solution of their problems.
(a) the agricultural extension functions which are primarily educational in nature; and
(b) imparting training to the future Extension Officers for the National Extension Blocks and instructors for the Extension Training Centres.
(2) All Extension Specialists, in relation to any subject-matter, shall be the members of the staff of their respective subject-matter sections in each corresponding University and work in close co-ordination with the Departments of Agriculture, Development and Co-operatives.
(3) The Director of Extension Education shall be a whole-time officer technically trained in agriculture and shall be appointed by the Vice-Chancellor in consultation with the Deans and with the approval of the Board.
(4) The Director of Extension Education shall be responsible to the Vice-Chancellor and shall develop programmes for assisting farmers and housewives in applying results of scientific investigations to the solution of their problems.
Section 27 Retirement and other conditions of services.
The age of retirement and other conditions of service of every officer, teacher or other employee of a corresponding University shall be such as may be prescribed.
Section 28 Provident fund.
Each corresponding University shall constitute gratuity and provident fund for the benefit of its officers, teachers and other employees in such manner, and subject to such conditions, as may be prescribed.
Section 29 Appointment of salaried officers.
Subject to the provisions of this Act, the members of the technical staff of a corresponding University shall be selected by the Head of the Department in consultation with the members of the Department concerned, recommended by the Dean or the Director of Research or the Director of Extension Education, as the case may be, and appointed by the Vice-Chancellor with the approval of the Board.
Section 30 Temporary arrangements.
The Vice-Chancellor may, until such time as the authorities of the corresponding University are duly constituted, temporarily appoint any such officer of that University as such University is authorised by this Act to appoint.
Section 31 Statutes.
Subject to the provisions of this Act, the Statutes of a corresponding University may provide for any matter and shall, in particular, provide for the following:--
(a) the constitution, powers and duties of the authorities of the University;
(b) the election, appointment, and continuance in office of the members of the authorities of the University and of the officers, teachers and other employees of the University including the filling up of vacancies and all other matters relating to these authorities and officers, teachers and other employees for which it may be necessary or desirable to provide;
(c) the designation, the manner of appointment, the powers, and the duties of the officers of the University;
(d) the classification and the manner of appointment of teachers;
(e) the constitution of gratuity or provident fund or both for the benefit of officers, teachers and other employees of the University;
(f) the institution of degrees and diplomas;
(g) the conferment of honorary degrees;
(h) the establishment, amalgamation, sub-division and abolition of Departments;
(i) the establishment, and the abolition of hostels maintained by the University;
(j) the institution of fellowships, scholarships, medals and prizes;
(k) the maintenance of a register of graduates;
(l) the admission of students to the University and their enrolment and continuance as such;
(m) the courses of study to be laid down for degrees and diplomas of the University;
(n) the conditions under which students shall be admitted to the degree, diploma or other courses and the manner in which the examinations are to be held and the eligibility for the award of degrees and diplomas;
(o) the conditions of residence of the students of the University and the levy of fees for residence in hostels maintained by the University;
(p) the recognition and supervision of hostels not maintained by the University;
(q) the number, qualifications, emoluments, and other conditions of service of officers, teachers and other employees of the University and the preparation and the maintenance of record of their services and activities;
(r) the fees which may be charged by the University;
(s) the remuneration and allowances, including travelling and daily allowances, to be paid to persons employed on the business of University;
(t) the conditions for the award of fellowships, scholarships, medals and prizes, stipends and fee concessions;
(u) all other matters which by this Act are to be or may be provided for by the Statutes.
(a) the constitution, powers and duties of the authorities of the University;
(b) the election, appointment, and continuance in office of the members of the authorities of the University and of the officers, teachers and other employees of the University including the filling up of vacancies and all other matters relating to these authorities and officers, teachers and other employees for which it may be necessary or desirable to provide;
(c) the designation, the manner of appointment, the powers, and the duties of the officers of the University;
(d) the classification and the manner of appointment of teachers;
(e) the constitution of gratuity or provident fund or both for the benefit of officers, teachers and other employees of the University;
(f) the institution of degrees and diplomas;
(g) the conferment of honorary degrees;
(h) the establishment, amalgamation, sub-division and abolition of Departments;
(i) the establishment, and the abolition of hostels maintained by the University;
(j) the institution of fellowships, scholarships, medals and prizes;
(k) the maintenance of a register of graduates;
(l) the admission of students to the University and their enrolment and continuance as such;
(m) the courses of study to be laid down for degrees and diplomas of the University;
(n) the conditions under which students shall be admitted to the degree, diploma or other courses and the manner in which the examinations are to be held and the eligibility for the award of degrees and diplomas;
(o) the conditions of residence of the students of the University and the levy of fees for residence in hostels maintained by the University;
(p) the recognition and supervision of hostels not maintained by the University;
(q) the number, qualifications, emoluments, and other conditions of service of officers, teachers and other employees of the University and the preparation and the maintenance of record of their services and activities;
(r) the fees which may be charged by the University;
(s) the remuneration and allowances, including travelling and daily allowances, to be paid to persons employed on the business of University;
(t) the conditions for the award of fellowships, scholarships, medals and prizes, stipends and fee concessions;
(u) all other matters which by this Act are to be or may be provided for by the Statutes.
Section 32 Statutes how made.
(1) The Statutes made by the existing University under section 30 of the Punjab Agricultural University Act, 1961 (Punjab Act 32 of 1961), and in force immediately before the commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act, and subject to such adaptations and modifications as may be notified by the appropriate Government, be the first Statutes of a corresponding University.
(2) The Board may, from time to time, make new or additional Statutes and may amend or repeal the Statutes in the manner hereinafter provided in this section.
(3) The Academic Council may propose to the Board the draft of Statutes and such draft shall be considered by the Board at its next meeting:
Provided that the Academic Council shall not propose the draft of any Statute or any amendment of a Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity to express its opinion upon the proposal, and any opinion so expressed shall be considered by the Board.
(4) The Board may consider any such draft as is referred to in sub-section (3) and pass the proposed Statute or reject or return it to the Academic Council for re-consideration, either in whole or in part, together with any amendment which it may suggest.
(5) (a) Any member of the Board may propose to the Board the draft of any Statute and the Board may either accept or reject the proposal if it relates to a matter not falling within the purview of the Academic Council.
(b) In case such a draft relates to a matter within the purview of the Academic Council, the Board shall refer it for consideration to the Academic Council, which may either report to the Board that it does not approve the proposal, which, then, shall be deemed to have been rejected by the Board or submit the draft to the Board in such form as the Academic Council may approve, and the provisions of this section shall apply in the case of the draft submitted by any member of the Board as they apply in the case of a draft presented to the Board by the Academic Council.
(2) The Board may, from time to time, make new or additional Statutes and may amend or repeal the Statutes in the manner hereinafter provided in this section.
(3) The Academic Council may propose to the Board the draft of Statutes and such draft shall be considered by the Board at its next meeting:
Provided that the Academic Council shall not propose the draft of any Statute or any amendment of a Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity to express its opinion upon the proposal, and any opinion so expressed shall be considered by the Board.
(4) The Board may consider any such draft as is referred to in sub-section (3) and pass the proposed Statute or reject or return it to the Academic Council for re-consideration, either in whole or in part, together with any amendment which it may suggest.
(5) (a) Any member of the Board may propose to the Board the draft of any Statute and the Board may either accept or reject the proposal if it relates to a matter not falling within the purview of the Academic Council.
(b) In case such a draft relates to a matter within the purview of the Academic Council, the Board shall refer it for consideration to the Academic Council, which may either report to the Board that it does not approve the proposal, which, then, shall be deemed to have been rejected by the Board or submit the draft to the Board in such form as the Academic Council may approve, and the provisions of this section shall apply in the case of the draft submitted by any member of the Board as they apply in the case of a draft presented to the Board by the Academic Council.
Section 33 Regulations.
(1) Any authority of a corresponding University may make Regulations consistent with this Act and the Statutes for--
(a) laying down the procedure to be observed at its meetings and the number of members required to form a quorum;
(b) providing for all matters which by this Act and the Statutes are to be provided for by the Regulations; and
(c) providing for any other matter solely concerning the authority and not provided for by this Act and the Statutes.
(2) Every authority of the corresponding University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be transacted at meetings and for keeping of records of the proceedings of the meetings.
(3) The Academic Council may, subject to the provisions of the Statutes, make Regulations providing for courses of study, system of examinations, and degrees and diplomas of a corresponding University after receiving drafts of the same from the Board of Studies concerned.
(4) The Academic Council may not alter a draft received from the Board of Studies, but may reject or return it to the Board of Studies for further consideration together with the suggestions of the Academic Council.
(5) The Board may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the annulment of any Regulation made under sub-section (1).
(6) Notwithstanding anything contained in this section, the Regulations made by the existing University under section 31 of the Punjab Agricultural University Act, 1961 (Punjab Act 32 of 1961) and in force immediately before the commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act and subject to such adaptations and modifications as may be notified by the appropriate Government, be the first Regulations of each corresponding University.
(a) laying down the procedure to be observed at its meetings and the number of members required to form a quorum;
(b) providing for all matters which by this Act and the Statutes are to be provided for by the Regulations; and
(c) providing for any other matter solely concerning the authority and not provided for by this Act and the Statutes.
(2) Every authority of the corresponding University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be transacted at meetings and for keeping of records of the proceedings of the meetings.
(3) The Academic Council may, subject to the provisions of the Statutes, make Regulations providing for courses of study, system of examinations, and degrees and diplomas of a corresponding University after receiving drafts of the same from the Board of Studies concerned.
(4) The Academic Council may not alter a draft received from the Board of Studies, but may reject or return it to the Board of Studies for further consideration together with the suggestions of the Academic Council.
(5) The Board may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the annulment of any Regulation made under sub-section (1).
(6) Notwithstanding anything contained in this section, the Regulations made by the existing University under section 31 of the Punjab Agricultural University Act, 1961 (Punjab Act 32 of 1961) and in force immediately before the commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act and subject to such adaptations and modifications as may be notified by the appropriate Government, be the first Regulations of each corresponding University.
Section 34 Accounts and audit.
(1) Each corresponding University shall have a general fund to which shall be credited--
(a) income from fees, endowments and grants and from properties of the University including Hostels, Experiment Stations and Farms;
(b) contributions and grants which may be made by the appropriate Government on such conditions which it may impose; and
(c) other contributions, grants, donations and benefactions.
(2) Each corresponding University shall constitute a Finance Committee consisting of--
(a) the Vice-Chancellor;
(b) the Comptroller;
(c) a member chosen by the Board from amongst the official members;
(d) a member chosen by the Board from amongst the non-official members.
(3) The powers and duties of the Finance Committee of a corresponding University shall be as follows--
(a) to examine the annual accounts of the University and to advise the Board thereon;
(b) to examine the annual budget estimates and to advise the Board thereon;
(c) to review the financial position of the University from time to time;
(d) to make recommendations to the University on all matters relating to the finances of the University;
(e) to make recommendations to the Board on all proposals involving expenditure for which no provision has been made in the budget or which involves expenditure in excess of the amount provided in the budget.
(4) The accounts and the balance-sheet shall be submitted by the Vice-Chancellor through the Board to the appropriate Government which shall cause them to be audited by the Examiner, Local Fund Accounts.
(5) The accounts, when audited, shall be printed and copies thereof together with audit report, shall be submitted by the Vice-Chancellor to the Board, which shall forward them to the appropriate Government with such comments as it may deem fit and that Government shall cause a copy of the audited accounts together with its comments thereon to be laid before the State Legislature.
(a) income from fees, endowments and grants and from properties of the University including Hostels, Experiment Stations and Farms;
(b) contributions and grants which may be made by the appropriate Government on such conditions which it may impose; and
(c) other contributions, grants, donations and benefactions.
(2) Each corresponding University shall constitute a Finance Committee consisting of--
(a) the Vice-Chancellor;
(b) the Comptroller;
(c) a member chosen by the Board from amongst the official members;
(d) a member chosen by the Board from amongst the non-official members.
(3) The powers and duties of the Finance Committee of a corresponding University shall be as follows--
(a) to examine the annual accounts of the University and to advise the Board thereon;
(b) to examine the annual budget estimates and to advise the Board thereon;
(c) to review the financial position of the University from time to time;
(d) to make recommendations to the University on all matters relating to the finances of the University;
(e) to make recommendations to the Board on all proposals involving expenditure for which no provision has been made in the budget or which involves expenditure in excess of the amount provided in the budget.
(4) The accounts and the balance-sheet shall be submitted by the Vice-Chancellor through the Board to the appropriate Government which shall cause them to be audited by the Examiner, Local Fund Accounts.
(5) The accounts, when audited, shall be printed and copies thereof together with audit report, shall be submitted by the Vice-Chancellor to the Board, which shall forward them to the appropriate Government with such comments as it may deem fit and that Government shall cause a copy of the audited accounts together with its comments thereon to be laid before the State Legislature.
Section 35 Division of assets and liabilities.
On the commencement of this Act, the assets and liabilities of the existing University shall stand transferred to, and shall vest in, the Haryana Agricultural University and the Punjab Agricultural University and shall be apportioned between such Universities in accordance with the following principles, namely:--
(a) (i) any asset of the existing University which is, immediately before the commencement of this Act, in the State of Haryana, and every right to such property, shall stand transferred to, and shall vest in, the Haryana Agricultural University;
(ii) every other asset and every right thereto shall stand transferred to, and shall vest in, the Punjab Agricultural University;
(b) (i) every liability of the existing University which is relatable to any unit or asset in the State of Haryana shall, if subsisting immediately before the commencement of this Act, be the liability of the Haryana Agricultural University;
(ii) every other liability of the existing University, if subsisting on such commencement, shall be the liability of the Punjab Agricultural University;
(c) the cash balances (whether in the form of cash, bank or security deposits) and reserve funds held by the existing University, immediately before the commencement of this Act, shall, after deducting all the liabilities of the existing University up to such commencement, be apportioned between the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60;
(d) every contract made by the existing University before the commencement of this Act shall, if subsisting at such commencement, be deemed to have been made--
(i) in the case of a contract which is relatable to any asset or unit of the existing University in the State of Haryana, by the Haryana Agricultural University;
(ii) in any other case, by the Punjab Agricultural University;
(e) every share, debenture, bond and other investment made by the existing University shall be valued on the basis of average market value thereof during one year immediately before the commencement of this Act, and the value so determined shall be apportioned between the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60;
(f) every borrowing made by the existing University before the commencement of this Act shall, if the liability is subsisting on such commencement, be repaid together with the interest due thereon by the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60;
(g) the Provident Fund and accruals thereto of every officer or other employee of the existing University shall stand transferred to the corresponding University in which he has been posted on the date of the commencement of this Act.
Explanation.--For the purposes of this section, "asset" shall be deemed to include all property, movable and immovable, rights, powers, authorities and privileges, and all other rights and interests arising out of such property as were immediately before the commencement of this Act in the ownership, possession, power or control of the existing University, and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all obligations of whatever kind then subsisting of the existing University.
(a) (i) any asset of the existing University which is, immediately before the commencement of this Act, in the State of Haryana, and every right to such property, shall stand transferred to, and shall vest in, the Haryana Agricultural University;
(ii) every other asset and every right thereto shall stand transferred to, and shall vest in, the Punjab Agricultural University;
(b) (i) every liability of the existing University which is relatable to any unit or asset in the State of Haryana shall, if subsisting immediately before the commencement of this Act, be the liability of the Haryana Agricultural University;
(ii) every other liability of the existing University, if subsisting on such commencement, shall be the liability of the Punjab Agricultural University;
(c) the cash balances (whether in the form of cash, bank or security deposits) and reserve funds held by the existing University, immediately before the commencement of this Act, shall, after deducting all the liabilities of the existing University up to such commencement, be apportioned between the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60;
(d) every contract made by the existing University before the commencement of this Act shall, if subsisting at such commencement, be deemed to have been made--
(i) in the case of a contract which is relatable to any asset or unit of the existing University in the State of Haryana, by the Haryana Agricultural University;
(ii) in any other case, by the Punjab Agricultural University;
(e) every share, debenture, bond and other investment made by the existing University shall be valued on the basis of average market value thereof during one year immediately before the commencement of this Act, and the value so determined shall be apportioned between the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60;
(f) every borrowing made by the existing University before the commencement of this Act shall, if the liability is subsisting on such commencement, be repaid together with the interest due thereon by the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60;
(g) the Provident Fund and accruals thereto of every officer or other employee of the existing University shall stand transferred to the corresponding University in which he has been posted on the date of the commencement of this Act.
Explanation.--For the purposes of this section, "asset" shall be deemed to include all property, movable and immovable, rights, powers, authorities and privileges, and all other rights and interests arising out of such property as were immediately before the commencement of this Act in the ownership, possession, power or control of the existing University, and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all obligations of whatever kind then subsisting of the existing University.
Section 36 Legal proceedings.
If, at the commencement of this Act, any suit, appeal or other proceeding of whatever nature is pending by or against the existing University, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the dissolution of the existing University, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against--
(a) the Haryana Agricultural University, if it relates to any property or unit of the existing University in the State of Haryana; and
(b) in any other case, the Punjab Agricultural University.
(a) the Haryana Agricultural University, if it relates to any property or unit of the existing University in the State of Haryana; and
(b) in any other case, the Punjab Agricultural University.
Section 37 Transfer of employees.
(1) Save as otherwise provided in section 13, all officers and other employees of the existing University holding office as such immediately before the commencement of this Act shall, on such commencement, become the officers or other employees of the corresponding University and such officers or other employees shall be divided between those Universities in accordance with the following principles, namely:--
(a) those officers or other employees of the existing University who are holding office in, or in connection with, any property or unit of the existing University in the State of Haryana shall become the officers or other employees of the Haryana Agricultural University;
(b) every other officer or other employee of the existing University, shall become the officer or other employee of the Punjab Agricultural University.
(2) Every officer or other employee of the existing University shall, on and from the commencement of this Act hold his office or service in the corresponding University on the same terms and conditions and with the same rights to pension, provident fund, gratuity and other matters as would have been admissible to him if the existing University had not been dissolved, and continue to do so unless and until his employment in the corresponding University is duly terminated or until his remuneration and terms or conditions of service are duly altered by the corresponding University.
(3) For the persons who, immediately before the commencement of this Act, were the trustees for pension, provident, gratuity or other like fund, constituted for the officers or other employees of the existing University, there shall be substituted as trustees such persons as the appropriate Government may by general or special order, specify.
(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or any other law for the time being in force, the transfer of the services of any officer or other employee from the existing University to a corresponding University shall not entitle such officer or other employee to any compensation, whether under this Act or under any other law for the time being in force, and no such claim shall be entertained by any court, tribunal or other authority.
(a) those officers or other employees of the existing University who are holding office in, or in connection with, any property or unit of the existing University in the State of Haryana shall become the officers or other employees of the Haryana Agricultural University;
(b) every other officer or other employee of the existing University, shall become the officer or other employee of the Punjab Agricultural University.
(2) Every officer or other employee of the existing University shall, on and from the commencement of this Act hold his office or service in the corresponding University on the same terms and conditions and with the same rights to pension, provident fund, gratuity and other matters as would have been admissible to him if the existing University had not been dissolved, and continue to do so unless and until his employment in the corresponding University is duly terminated or until his remuneration and terms or conditions of service are duly altered by the corresponding University.
(3) For the persons who, immediately before the commencement of this Act, were the trustees for pension, provident, gratuity or other like fund, constituted for the officers or other employees of the existing University, there shall be substituted as trustees such persons as the appropriate Government may by general or special order, specify.
(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or any other law for the time being in force, the transfer of the services of any officer or other employee from the existing University to a corresponding University shall not entitle such officer or other employee to any compensation, whether under this Act or under any other law for the time being in force, and no such claim shall be entertained by any court, tribunal or other authority.
Section 38 Membership of corresponding University bodies.
(1) All casual vacancies among the members (other than ex officio members) of any authority or body of each corresponding University shall be filled, as soon as possible, by the person or body who or which appointed or nominated the member, whose place became vacant, and the person appointed or nominated to a casual vacancy shall be a member of such authority or body for the remaining period of the term for which the person whose place he fills would have been a member.
(2) A person, who is a member of any authority of a corresponding University as a representative of another body, whether of that University or not, shall retain his seat on that authority so long as he continues to be a member of the body by which he was appointed or nominated and thereafter till his successor is duly appointed or elected.
(3) No act or proceeding of any authority or body of a corresponding University shall be invalid by reason merely of the existence of any vacancy or defect in the constitution of such authority or body.
(4) If any question arises whether any person has been duly appointed as, or is entitled to be, a member of any authority of a corresponding University subordinate to the Board or whether any decision of the corresponding University is in accordance with this Act and the Statutes, the question shall be referred to the appropriate Government whose decision thereon shall be final.
(2) A person, who is a member of any authority of a corresponding University as a representative of another body, whether of that University or not, shall retain his seat on that authority so long as he continues to be a member of the body by which he was appointed or nominated and thereafter till his successor is duly appointed or elected.
(3) No act or proceeding of any authority or body of a corresponding University shall be invalid by reason merely of the existence of any vacancy or defect in the constitution of such authority or body.
(4) If any question arises whether any person has been duly appointed as, or is entitled to be, a member of any authority of a corresponding University subordinate to the Board or whether any decision of the corresponding University is in accordance with this Act and the Statutes, the question shall be referred to the appropriate Government whose decision thereon shall be final.
Section 39 Annual Report.
(1) The Annual Report of a corresponding University shall be prepared under the directions 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 consideration of the Annual Report, forward a copy thereof to the appropriate Government.
(3) On receipt of a copy of the Annual Report referred to in sub-section (1), the appropriate Government shall cause a copy of such Report, together with its comments thereon, to be laid before the State Legislature.
(4) Notwithstanding the dissolution of the existing University, the Annual Report of the existing University for the year 1969-70 shall be prepared under the directions of the Vice-Chancellor of the Punjab Agricultural University and the Board of that University shall, after consideration of the Annual Report, forward a copy thereof to the appropriate Government.
(2) The Board shall, after consideration of the Annual Report, forward a copy thereof to the appropriate Government.
(3) On receipt of a copy of the Annual Report referred to in sub-section (1), the appropriate Government shall cause a copy of such Report, together with its comments thereon, to be laid before the State Legislature.
(4) Notwithstanding the dissolution of the existing University, the Annual Report of the existing University for the year 1969-70 shall be prepared under the directions of the Vice-Chancellor of the Punjab Agricultural University and the Board of that University shall, after consideration of the Annual Report, forward a copy thereof to the appropriate Government.
Section 40 Construction of references to existing University in any document, etc.
Any reference to the existing University in any law, other than this Act, or in any contract or other instrument shall be construed,--
(a) if such reference relates to any asset or property of the existing University in the State of Haryana, as a reference to the Haryana Agricultural University; and
(b) in any other case, as a reference to the Punjab Agricultural University.
(a) if such reference relates to any asset or property of the existing University in the State of Haryana, as a reference to the Haryana Agricultural University; and
(b) in any other case, as a reference to the Punjab Agricultural University.