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CENTRAL AGRICULTURAL UNIVERSITY ACT, 1992
40 of 1992
26th December, 1992
An Act to provide for the establishment and incorporation of a University for the North-Eastern region for the development of agriculture and for the furtherance of the advancement of learning and prosecution of research in agriculture and allied sciences in that region Be it enacted by Parliament in the Forty-third Year of the Republic of India as follows:- Prefatory Note-Statement of Objects and Reasons.-Since the establishment of the first Agricultural University at Pantnagar in Uttar Pradesh, all the States except eight have established Agricultural Universities. Though each State was encouraged to set up an Agricultural University, the size and populationof States in North-Eastern Region do not warrant a separate Agricultural University for each State in that Region. 2. The manpower requirement by 2000 AD for all North-Eastern Slates excluding Assam is estimated to be 500 agricultural graduates and 300 each in other areas of specialisation such as horticulture, forestry, animal production, veterinary science, fisheries, agricultural engineering and home science. 3. The Indian Council of Agricultural Research had appointed a Committee under the National Agricultural Research Project to study the agricultural situation in North-Eastern Region. Study disclosed that the said States had vast potential for agricultural development and, if tapped properly, could lead to increased agricultural production and productivity which will ultimately lead to prosperity and well being of the people. 4. Based on economic and population considerations, poor production and productivity in the Region, the Committee had recommended for establishment of a Central Agricultural University for that Region to be fully funded and technically supported by the Indian Council of Agricultural Research. 5. With the establishment of the Central Agricultural University a long and cherished desire of the people in the region will be fulfilled for the furtherance of the advancement of learning and prosecution of the research in agriculture and allied sciences in that Region. 6. The Bill seeks to achieve the above objectives.
SECTION 01: SHORT TITLE AND COMMENCEMENT
- (1) This Act may be called the Central Agricultural University Act, 1992.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
--In this Act, and in all Statutes made hereunder, unless the context otherwise requires,-
(a) "Academic Council" means the Academic Council of the University;
(b) "academic staff" means such categories of staff as are designated as academic staff by the Ordinances;
(c) "agriculture" means the basic and applied sciences of the soil and water management, crop production including production of all garden crops, control of plants, pests and diseases, horticulture including floriculture, animal husbandry including veterinary and dairy science, fisheries, forestry including farm forestry, home science, agricultural engineering and technology, marketing and processing of agricultural and animal husbandry products, land use and management;
(d) "Board" means the Board of Management of the University;
(e) "Board of Studies" means the Board of Studies of the University;
(f) "Chancellor" means the Chancellor of the University;
(g) "college" means a constituent college of the University whether located at the headquarters, campus or elsewhere;
(h) ' 'Department' ' means a Department of Studies of the University;
(i) "employee" means any person appointed by the University and includes teachers and other staff of the University;
(j) "extension education" means the educational activities concerned with the training of orchardists, farmers and other groups serving agriculture, horticul- ture, fisheries and improved practices related thereto and the various phases of scientific technology, related to agriculture and agricultural production including post-harvest technology and marketing;
(k) "Faculty" means Faculty of the University;
(l) ''North-Eastern region'' means the North-Eastern region of India comprising the States of Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Sikkim and Tripura;
(m) "Ordinances" means the Ordinances of the University;
(n) "Regulations" means the Regulations made by any authority of the Univer- sity;
(o) "Research Advisory Committee" means the Research Advisory Committee of the University;
(p) "Statutes" means the Statutes of the University;
(q) ''student'' means a person enrolled in the University for undergoing a course of studies for obtaining a degree, diploma or other academic distinction duly instituted;
(r) "teachers" means Professors, Associate Professors, Assistant Professors, Teaching Faculty Members and their equivalent appointed for imparting instruction or conducting research or extension education programmes or combination of these in the University, college or any institute maintained by the University and designated as teachers by the Ordinances;
(s) "University" means the Central Agricultural University established under this Act;
(t) "Vice-Chancellor" means the Vice-Chancellor of the University;
(u) "Visitor" means the Visitor of the University.
SECTION 03: THE UNIVERSITY
- (1) There shall be established a University by the name of the "Central Agricultural University".
(2) The headquarters of the University shall be at Imphal in the State of Manipur and it may also establish campuses at such other places within its jurisdiction as it may deem fit.
(3) The first Chancellor and the first Vice-Chancellor and the first members of the Board, the Academic Council and all persons who may hereafter become such officers or members, so long
as they continue to hold such office or membership are hereby constituted a body corporate by the name of the Central Agricultural University.
(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
SECTION 04: OBJECTS OF THE UNIVERSITY
-The objects of the University shall be-
(a) to impart education in different branches of agricultural and allied sciences as it may deem fit;
(b) to further the advancement of learning and prosecution of research in agricul- ture and allied sciences;
(c) to undertake programmes of extension education in the States under its jurisdiction; and
(d) to undertake such other activities as it may, from time to time, determine.
SECTION 05: POWERS OF THE UNIVERSITY
-The University shall have the following powers, namely:-
(i) to make provision for instructions in agricultural and allied sciences;
(ii) to make provision for conduct of research in agricultural and allied branches of learning;
(iii) to make provision for dissemination of the findings of research and technical information through extension programmes;
(iv) to grant, subject to such conditions as it may determine, diplomas or certifi- cates to, and confer degrees or other academic distinctions on the basis of examination, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinc- tion for good and sufficient cause;
(v) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;
(vi) to provide lectures and instructions for field workers, village leaders and other persons not enrolled as regular students of the University and to grant certificates to them as may be prescribed by the Statutes;
(vii) to cooperate or collaborate or associate with any other University or authority or institution of higher learning in such manner and for such purposes as the University may determine;
(viii) to establish and maintain colleges relating to agriculture, fisheries, dairying, veterinary medicine and animal science, home science, agricultural engineer- ing, forestry and allied sciences;
(ix) to establish and maintain such campuses, special centres, specialised laboratories, libraries, museums or other units for research and instruction as are, in its opinion, necessary for the furtherance of its objects;
(x) to create teaching, research and extension education posts and to make appointments thereto;
(xi) to create administrative, ministerial and other posts and to make appointments thereto;
(xii) to institute and award fellowships, scholarships, studentships, medals and prizes;
(xiii) to determine standards of admission to the University, which may include examination, evaluation or any other method of testing;
(xiv) to provide and maintain residential accommodation for students and employees;
(xv) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;
(xvi) to lay down conditions of service of all categories of employees, including their code of conduct;
(xvii) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as it may deem necessary;
(xviii) to fix, demand and receive such fees and other charges as may be prescribed by the Statutes;
(xix) to borrow, with the approval of the Central Government on the security of its property, money for the purpose of the University;
(xx) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endow- ment properties for its purposes;
(xxi) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.
SECTION 06: JURISDICTION
- (1) The jurisdiction and responsibility of the University with respect to teaching, research and programmes of extension education at the University level, in the field of agriculture shall extend to the States of Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Sikkim and Tripura.
(2) All colleges, research and experimental stations or other institutions coming under the jurisdiction and authority of the University shall be its constituent units under the full management and control of its officers and authorities and no such units shall be recognised as affiliated units.
(3) The University may assume responsibility for the training of field extension workers and others and may develop such training centres as may be required in various parts of the States under its jurisdiction.
SECTION 07: UNIVERSITY OPEN TO ALL CLASSES, CASTES AND CREED
-The University shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, handicapped or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes and the Scheduled Tribes.
SECTION 08: THE VISITOR
- (1) The President of India shall be the Visitor of the University.
(2) Subject to the provisions of sub-sections (3) and (4), the Visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the University, its buildings, laboratories, libraries, museums, workshops and equip- ments, and of any institution or college and also of the examination, instruction and other work conducted or done by the University, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the University.
(3) The Visitor 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, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the Visitor may determine, such representations to him as it may consider necessary.
(4) After considering the representations, if any, made by the University, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (2).
(5) Where an inspection or inquiry has been caused to be made by the Visitor, the University shall be entitled to appoint a representative who shall have the right to appear in person and to be heard on such inspection or inquiry.
(6) The Visitor may address the Vice-Chancellor with reference to the results of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the Visitor may be pleased to offer and on receipt of the address made by the Visitor, the Vice- Chancellor shall communicate forthwith to the Board the results of the inspection or inquiry and the views of the Visitor and the advice tendered by him upon the action to be taken thereon.
(7) The Board shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken by it upon the results of such inspection or inquiry.
(8) Where the Board does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Board, issue such directions as he may think fit and the Board shall be bound to comply with such directions.
(9) Without prejudice to the foregoing provisions of this section, the Visitor may, by an order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances: Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made and, if any cause is shown within a reasonable time, he shall consider the same.
(10) The Visitor shall have such other powers as may be specified by the Statutes.
SECTION 09: OFFICERS OF THE UNIVERSITY
-The following shall be the officers of the Univer - sity, namely:-
(1) the Chancellor;
(2) the Vice-Chancellor;
(3) Deans;
(4) Directors;
(5) the Registrar;
(6) the Comptroller; and
(7) such other officers as may be prescribed by the Statutes.
SECTION 10: THE CHANCELLOR
-(1) The Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
(2) The Chancellor shall, by virtue of his office, be the Head of the University.
(3) The Chancellor shall, if present, preside at the convocations of the University held for conferring degrees.
SECTION 11: THE VICE --CHANCELLOR
-(1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.
(3) The Vice-Chancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter: Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Board within three months from the date on which decision on such action is communicated to him and thereupon the Board may confirm, modify or reverse the action taken by the Vice-Chancellor.
(4) The Vice-Chancellor, if he is of opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes or the Ordinances or that any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Visitor whose decision thereon shall be final.
(5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances.
SECTION 12: DEANS AND DIRECTORS
-Every Dean and every Director shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
SECTION 13: THE REGISTRAR
- (1) The Registrar shall be appointed in such manner as may be prescribed by the Statutes.
(2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
SECTION 14: THE COMPTROLLER
-The Comptroller shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
SECTION 15: OTHER OFFICERS
-The manner of appointment and powers and duties of the other officers of the University shall be prescribed by the Statutes.
SECTION 16: AUTHORITIES OF THE UNIVERSITY
-The following shall be the authorities of the University, namely:-
(1) the Board;
(2) the Academic Council;
(3) the Finance Committee;
(4) the Research Programme Committee;
(5) the Extension Education Advisory Committee;
(6) the Board of Studies; and
(7) such other authorities as may be prescribed by the Statutes.
SECTION 17: THE BOARD
- (1) The Board shall be the principal executive body of the University.
(2) The constitution of the Board, the term of office of its members and its powers and functions shall be prescribed by the Statutes.
SECTION 18: THE ACADEMIC COUNCIL
- (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and Ordinances, have the control and general regulation of, and be responsible for, the maintenance Of standards of learning, education, instruction, evaluation and examination within the University and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Statutes.
(2) The constitution of the Academic Council and the term of office of its members shall be prescribed by the Statutes.
SECTION 19: THE FINANCE COMMITTEE
-The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.
SECTION 20: THE RESEARCH PROGRAMME COMMITTEE
-The constitution, powers and func- tions of the Research Programme Committee shall be prescribed by the Statutes.
SECTION 21: THE EXTENSION EDUCATION ADVISORY COMMITTEE
-The constitution, powers and functions of the Extension Education Advisory Committee shall be prescribed by the Statutes.
SECTION 22: THE BOARD OF STUDIES
-The constitution, powers and functions of the Board of Studies shall be prescribed by the Statutes.
SECTION 23: FACULTIES
-The University shall have such Faculties as may be prescribed by the Statutes.
SECTION 24: OTHER AUTHORITIES
-The constitution, powers and functions of other authorities of the University referred to in clause (7) ofSection 16-shall be such as may be prescribed by the Statutes.
SECTION 25: POWER TO MAKE STATUTES
-Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely :-
(a) the constitution, powers and functions of the authorities of the University, as may be
constituted from time to time;
(b) the appointment and continuance in office of the members of the said authorities, the filling up of vacancies of members, and all other matters relating to those authorities for which it may be necessary or desirable to provide;
(c) the appointment, powers and duties of the officers of the University and their emoluments;
(d) the appointment of teachers, academic staff and other employees of the University and their emoluments;
(e) the appointment of teachers and academic staff working in any other Univer- sity or organisation for a specific period for undertaking ajoint project;
(f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action;
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