THE ORISSA UNIVERSITY OF AGRICULTURE AND TECHNOLOGY ACT, 1965
Orissa Act 17 of 1965
[Received the assent of the Governor on the 28th October 1965, first published in an extraordinary issue of the Orissa Gazette, dated the 3rd November 1965]
An act to consolidate and amend the law relating to the university of agriculture and technology in the state of Orissa.
Be it enacted by the Legislature of the State of Orissa in the Sixteenth Year of the Republic of India, as follows —
CHAPTER 1
Preliminary
1. Short title, extent and commencement.
(1) This Act may be called the Orissa University of Agriculture and Technology Act, 1965.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force at once.
2. Definitions.
In this Act, unless the context otherwise requires—
(1) “Academic Council" means the Academic Council of the University;
(2) "agriculture" includes the basic and applied sciences dealing with soil and water management, production of crop, fish or livestock, veterinary science, home science, forestry and such other ancillary subjects as are necessary for the proper study and understanding of agricultural production and its development;
(3) "Board" means the Board of Management of the University constituted under section 16;
(4) "Extension" includes all educational programmes undertaken for the purpose of ascertaining the problems of research in agriculture and allied subjects, disseminating the results of research and providing training for the purpose of such dissemination;
(5) "Faculty" means a Faculty of the University;
(6) "Governor" means the Governor of Orissa;
(7) "Government" means the State Government of Orissa;
(8) Prescribed" means prescribed by Statutes;
(9) "Statutes" and "Pegulations" mean respectively the Statutes and Regulations of the University made under this Act;
(10) “teacher" means a person appointed or recognised by the University for the purpose of imparting instruction or conducting and guiding research or extension educational programmes and includes a person who may he declared by the Statutes to be a teacher;
(11) "University" means "the Orissa University of Agriculture and Technology" as constituted Under this Act; and
(12) "Utkal University" means the Utkal University constituted under the Utkal University Act, 1943.
CHAPTER II
The University
3. The University.
(1) There shall be constituted in and foe the State of Orissa a University by the name of the Orissa University of Agriculture and Technology which shall consist of a Chancellor, a Pro-Chancellor, a Vice-Chancellor, a Board of Management and an Academic Council.
(2) The University shall be a body corporate having perpetual succession and a common seat and shall sue and be sued by the said name.
4. Objects of the University.
The objects of the University, among others, shall he to make provision for the education mainly of the rural people of the State of Orissa in agriculture and to promote research, field and extension programmes in agriculture and agricultural production.
5. Powers and functions or the University.
The University shall Lave the following ewers and functions, namely;—
(?) to provide for instruction, training and research in agriculture;
(b) to provide for the advancement and dissemination of knowledge in the field and extension programmes in agriculture;
(c) to institute courses of study and to hold examinations for, and to confer degrees, diplomas and other academic distinctions on persons who have pursued a course of study, or carried on research in the University or in an institution recognised in this behalf by the University as may be prescribed;
(d) to confer honorary degrees or other academic distinctions, as may be prescribed;
(e) to create teaching, research and extension posts required by the University;
(f) to institute and award fellowships including travelling fellowships, scholarships, studentships and prizes in accordance with the Statutes;
(g) to acquire, hold and dispose of property and to contract and to do all other things necessary for, or incidental to the purposes of the University;
(h) to take over and maintain colleges relating to agriculture and hostels therefor;
(i) to borrow money from the Government of India, any State Government or any other agency;
(j) to establish and maintain the University Colleges and hostels therefor;
(k) to fix, demand and receive such fees and other charges as may be prescribed;
(l) to provide such lectures and instruction for, and to grant such diplomas to field workers, and other persons, as the University may determine;
(m) to regulate the conduct of students, to maintain discipline among them and to make arrangements for promoting their health and welfare;
(n) to maintain a register of graduates of the University;
(o) to create administrative, ministerial and other necessary posts and to make appointments thereto;
(p) to co-operate with other Universities and authorities in such manner a no for such purposes, as the University may determine; and
CHAPTER III
Officers of the University
6. Officers of the University.
The following shall be the officers of the University, namely:—
(i) the Chancellor;
(ii) the Pre-Chancellor;
(iii) the Vice-Chancellor;
(iv) the Registrar;
(v) the Comptroller;
(vi) the Dean of Student Welfare:
(vii) Deans of Faculties;
(viii) the Dean of Research;
(ix) the Dean of Extension Education;
(x) the Director of Physical Plants; and
(xi) such other persons in the service of the University as may be prescribed.
7. The Chancellor.
(1) The Governor shall be the Chancellor of the University. He shall, by virtue of his office, be the head of the University and shall, when present, preside over the convocation of the University and may confer degrees at such convocation.
(2) The Chancellor shall have the right to cause inspections to be made of the University, its buildings, laboratories and equipments of institutions under the control of the University by such person or persons as he thinks lit and to cause an enquiry to be made in like manner in respect of any matter connected with the administration and the finances of the University.
(3) The Chancellor shall in every case give notice to the University of his intention to cause inspection or enquiry to be made and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or enquiry.
(4) The Chancellor, may address the Board with reference to the results of such inspection or enquiry and recommend the action to be taken thereon.
(5) On receipt of a communication from the Chancellor, the Board shall consider the same and inform the Chancel/or as soon as may be, the details of the action it proposes to take and the action, if any, taken in pursuance of such communication.
(6) If the Board does not, within a reasonable time, take action to the satisfaction of the Chancellor, he 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.
(7) The Chancellor may, whenever he thinks it necessary, call for the proceedings of the Board or a report on any matter concerning the University from the Board who shall be bound to furnish the same.
(8) No honorary degree shall be conferred on any person without the approval of the Chancellor.
(Inserted by the Orissa University or Agriculture and Technology (Amendment) Act, 1979 (Or. Act 30 of 1979), S. 2, w. e. f. 23rd July 1979)
[(8-a) The Chancellor shall also have the power to issue directions to the Board of Management for conferment of honourary degrees on eminent persons who have made significant contributions to the cause of farming and improvement in the standard of rural life in conformity with the board objectives of the University.]
(9) The Chancellor shall have such other powers as may be conferred on him by this Act or the Statutes.
8. The Pro-Chancellor.
(1) The Pro-Chancellor shall be appointed by the Chancellor and shall hold office during the plea sure of the Chancellor.
(2) No person being an employee of Government shall be eligible to be appointed as the Pro- Chancellor.
(3) The term of office of the Pro-Chan cell or shall, subject to the provisions of sub-section (1), be three years from the date of his appointment.
(4) In the absence of the Chancellor the Pro-Chancellor shall preside over and confer degrees at the convocation of the University.
(5) He shall exercise such other powers and perform such other functions ;is may be conferred on or assigned to him by this Act or the Statutes.
9. The Vice-Chancellor.
(1) The Vice-Chancellor shall be appointed chancellor, by the Chancellor.
(2) No person shall be eligible for such appointment unless he is above forty years of age.
(3) The term of office of the Vice-Chancellor shall be three years from the date of his appointment:
Provided that the Chancellor may, from time to time, extend the aforesaid term of office for a total period not exceeding six months.
(4) The Chancellor may at any time remove the Vice-Chancellor from office, if in his opinion or on receipt of a resolution of the Board adopted by two thirds of its members, it appears that his continuance in office is detrimental to the interests of the University;
Provided that no such removal shall be made without giving the Vice-Chancellor a reasonable opportunity of being heard.
(5) The Vice-Chancellor may relinquish his office by submitting resignation to the Chancellor subject to the condition that he shall give notice of three months of his intention so to do.
(6) A person holding the office of Vice-Chancellor shall be eligible for reappointment:
Provided that no person shall be eligible to hold such office for more than two terms consecutively.
(7) The Vice-Chancellor shall be a whole-time salaried officer of the University and his emoluments and other service conditions shall be such as may be prescribed and shall not during his term of office be varied to his disadvantage.
(8) Where a vacancy occurs or is likely to occur in the office of the Vice-Chancellor for any cause (other than the expiry of the term of office) the Registrar shall report the fact forthwith to the Chancellor and such vacancy shall be filled up in accordance with the provisions of sub-section (1).
(9) In case the Vice-Chancellor proceeds on leave the Chancellor may appoint any person to act as the Vice-Chancellor during the period of leave.
10. Powers and duties of the Vice-Chancellor.
(1) The Vice-Chancellor shall, subject to the control and directions of the Board, be the principal executive officer of the University.
(2) Subject to the provisions of section 24, it shall be the duty of the Vice-Chancellor to ensure the faithful observance of the provisions of this Act and the Statutes and to carry out the directives issued by the Board from time to time and for the said purpose lie may exercise all such powers and take all such actions as may be necessary in that behalf.
(3) The Vice-Chancellor shall have power to convene meetings of the Academic Council.
(4) The Vice-Chancellor shall exercise general control over the affairs of the University and-shall be responsible to the Board for [he due maintenance of discipline in the University.
(5) The Vice-Chancellor shall be responsible for the presentation of the budget and the statement of accounts to the Board.
(6) In any emergency which in the opinion of the Vice-Chancellor requires immediate action to be taken, he shall take such action as he deems necessary arid .shall at the earliest opportunity report the action to the Board.
(7) Any person in the service of the University aggrieved by an order under sub-section (6) may within thirty days from rite date of communication of the order prefer an appeal to the Board whose decision shall be final, subject however to the orders of the Chancellor in a further appeal, if any, filed before-him within thirty days from the date of the decision of the Board.
(8) Tile Vice-Chancellor shall be responsible to the Board for co-ordination and integration of teaching, research and extension education programmes in the University.
(9) The Vice- Chancellor shall discharge such other duties and perform such other functions as may be assigned to him by the Board.
11. The Registrar.
(1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Board.
(2) The Registrar shall subject to the provisions of this Act and the Statutes be responsible to the Vice-Chancellor for the custody of the records and the common seal of the University and shall be the ex officio Secretary of the Academic Council.
(3) The Registrar shall be responsible to the Vice-Chancellor for the conduct of the examinations as prescribed and shall make all other arrangements necessary therefor and be responsible in like manner for the due execution of all processes connected therewith.
(4) The Registrar shall perform such other duties as may be prescribed or required from time to time by the Board or the Vice-Chancellor.
12. The Comptroller.
(1) The Comptroller shall be a whole-time officer of the University and shall be appointed by the Board.
(2) The Comptroller shall manage the property and investments of the University and advise in regard to its financial policy and shall be responsible to the Vice-chancellor for the preparation of the budget and statement of accounts for presentation by the Vice-Chancellor.
(3) The Comptroller shall be responsible to the Vice-Chancellor for ensuring that no expenditure not authorised in the budget is incurred by the University otherwise than by way of investments and shall disallow any expenditure which may contravene the terms of any Statute or for which provision is required to be made by the Statutes but has not been made.
13. The Dean of Student Welfare.
(1) The Dean of Student Welfare shall be appointed by the Vice-Chancellor with the approval of the Board.
(2) The Dean of Student Welfare shall have the following duties, namely: —
(i) to make arrangements for the housing of students;
(ii) to direct a programme of student counseling;
(iii) to arrange for the employment of students in accordance with plans approved by the Vice-Chancellor;
(iv) to supervise the extra curricular activities and needs of students;
(v) to assist the graduates, who leave the University in procuring employment;
(vi) to organise and maintain contact with the Alumni of the University; and
(vii) to perform such other duties as may be assigned to him by the Board or the Vice- Chancellor.
14. The Director of Physical Plants.
(1) The Director of Physical Plants shall be The Director appointed by the Vice-Chancellor with the approval of the Board.
(2) The Director of Physical Plants shall have the following duties, namely:—
(i) to make arrangements for the maintenance and construction of buildings and other structures of the University;
(ii) to make arrangements for purchase and maintenance of machinery and other equipments necessary for the purposes of the University; and
(iii) such other dudes as may be prescribed or as may be assigned by the Board.
(3) The "Director of Physical Plants shall, in the discharge of his duties, be responsible to the Vice- Chancellor.
CHAPTER IV
Authorities of the University
15. Authorities of the University.
The following shall be the Authorities of the University, namely:—
(i) the Board of Management,
(ii) the Academic Council,
(iii) the Boards of Faculties, and
(iv) such other authorities as may be constituted by the Statutes.
16. Constitution of the Board.
The Chancellor shall, as soon as may be after the date of commencement of this Act, constitute a Board of Management.
(2) The Board shall consist of the following members, namely:—
Ex-officio Members—
(a) the Pro-Chancellor;
(b) the Vice-Chancellor;
(Substituted by the Orissa University of Agriculture and, Technology Act, 1966 (Or. Act 14 of 1966), S. 2 (i))
[(c) Development Commissioner;]
(d) Secretary to Government, Community Development Department;
(e) Secretary to Government, Finance Department;
(f) Secretary to Government, Agriculture. & Animal Husbandry Department;
(g) Secretary to Government, Co-operation & Forestry Department;
(h) Director of Agriculture;
(i) Director of Animal Husbandry & Veterinary Services;
(j) Chief Engineer {Roads and Buildings), Public Works Department;
Other Members—
(k) two non-official members to be elected by the members of the Orissa Legislative Assembly from amongst themselves;
(l) two nom-official members to be nominated, by Government from, among eminent persons interested in agriculture,
(m) one non-official! member to be nominated by Government from among persons interested in co-operative movement;
(n) two members to be nominated by Government from among agricultural scientists of repute;
(o) one member to be nominated by Government in consultation with the Indian Council of Agricultural Research;
(p) a Chairman of a Zilla Parishad constituted under the Orissa Panchayat Samitis and Zilla Parishads Act, 1959, to be nominated by Government by rotation in the prescribed manner;
(q) one member to be elected by the registered graduates of the University from amongst themselves in the prescribed manner;
(r) me member to be elected by the teachers from amongst themselves iu the prescribed manner.
(3) The term of office of the members of the Board specified in (Substituted by the Orissa University of Agriculture and Technology (Amendment) Act, 1966 (Or. Act 14 of 1966), S. 2 (ii)) [clauses (l), (m), (n), (o), (q) and (r)] of sub-section (2) shall be six years and one-third of such members shall retire every two years by rotation in the prescribed manner and the term of office of the member selected under clause (p) shall be two years.
(4) The Board may, in respect of any meeting thereof, co-opt such number of members as it deems fit from among officers in the employment ox Government, who shall have a right to take part in the proceedings, at such meeting but shall not have a right to vote.
(5) Whenever the Secretary to Government, Finance Department is unable to attend any meeting of the Board (Substituted by the Orissa University or Agriculture and Technology (Amendment) Act, 1969 (Or, Act 21 of 1969), S. 2 for "the Government may Dominate") [he may nominate] any officer of that Department, who shall attend such meeting and shall have the same rights and privileges as the said Secretary had in respect of such meeting.
(6) The Pro-Chancellor shall be the Chairman of the Board and shall preside over the meetings of the Board and in his absence the Vice-Chancellor and in the absence of both any other member of the Board authorised by the Pro-Chancellor in that behalf shall preside over such meeting.
(7) The Registrar shall be the ex officio Secretary of the Board.
17. Powers and functions of the Board.
The Board shall exerci.se and perform the following powers and functions, namely:—
(1) approve (he budget submitted by the Vice- Chancellor;
(2) make such appointments as may be prescribed and to approve the appointments to be made by the Vice-Chancellor;
(3) hold, control and administer the property and funds of the University;
(4) approve the transfer of any movable or immovable property belonging to the University;
(5) administer any public or private funds placed at the disposal of and accepted by the University for specific purposes;
(6) invest moneys belonging to the University;
(7) design the form and give directions for the use of the common seal of the University;
(8) appoint such committees, whether standing or temporary, as it deems necessary for the proper discharge of the functions of the Board;
(9) borrow money for capital improvements and make suitable arrangements for its repayments;
(10) meet at such time and in such places as it deems necessary:
Provided that it shall hold regular meetings at least every two months and at least one-half of such meetings shall beheld at the University;
(11) regulate and determine all matters of policy connected with the University in accordance with this Act and the Statutes;
(12) issue such directives to the Vice-Chancellor relating to the administration of the University as it deems proper and necessary;
(13) generally give effect to the provisions of this Act; and
(14) exercise all the powers of the University not otherwise provided for.
18. The Academic Council.
(1) The Academic Council shall consist of the following members, namely:—
(i) the Vice-Chancellor;
(ii) the Deans of Faculties;
(iii) the Dean of Student Welfare;
(iv) the Heads of Departments of various Faculties;
(v) the Dean of Research; and
(vi) the Dean of Extension Education.
(2) The Vice-Chancellor shall be the Chairman of the Academic Council and in his absence any other member authorised by him shall act as the Chairman of the said Council.
19. Powers and functions of the Academic Council.
(1) The Academic Council shall, subject to the provisions of this Act and the Statutes, have the power to make regulations providing for the courses Academic of study and shall have general control over teaching, research and extension work of the University and shall be responsible for maintenance of the standards thereof.
(2) Without prejudice to the generality of the foregoing powers the Academic Council shall have power to—
(i) advise the Board on all academic matters including the control and management of libraries;
(ii) make regulations regarding the admission of students to the University;
(iii) make regulations regarding the examinations to be held by the University and the conditions subject to which students shall be admitted to any such examination;
(iv) make regulations relating to the courses of study for obtaining degrees, diplomas and certificates;
(v) make recommendations to the Board as regards the qualifications to be prescribed for teachers in the University; and
(vi) 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 have powers to make regulations and to call for reports in respect of research schemes of different branches of the University.
20. Faculties.
(1) The University shall include such Faculties as may be prescribed.
(2) Each Faculty shall comprise such departments as may-be prescribed and different subjects of study shall be assigned to the various departments by the Statutes.
(3) There shall be a Board for each Faculty, the constitution and powers of which shall be as may be prescribed.
(4) There shall be a Dean for each Faculty who shall be chosen in such manner and for such period as may be prescribed.
(5) The Dean shall be the Chairman of the Board of Faculty and-would be responsible for due observance of the Statutes and regulations relating to the Faculty.
(6) The Dean shall be responsible to the Vice-Chancellor for the work of the different departments in the Faculty.
(7) The manner of appointment and functions of the Dean shall be as may be prescribed.
21. Supplementary provisions relating to membership.
(1) Any casual vacancy among the members of any authority of the University, shall be filled, soon as may be, by the person or body who appointed, elected or co-opted the member whose place has fallen vacant and the person so appointed, elected, or co-opted to Jill up such a vacancy shall be a member of such authority for the residue of the term of his predecessor.
(2) A person who is a member of an authority of the University as a representative of another body shall retain his seat on the University Authority so Ion; as he continues to be a member of the body by which he was nominated, appointed or elected and thereafter till his successor assumes office.
22. Proceedings of the University Authorities and Bodies not invalidated by vacancies.
No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members or by reason of some person having taken part in the proceedings who is subsequently found not to have been entitled to do so.
23. Removal from membership of University.
The Board may, subject to the approval of the Chancellor remove any person from membership of the Board or any other authority of the University on the ground that such person has been convicted of an offence involving moral turpitude.
24. Membership and proceedings.
If any question arises whither any person has been duly elected or appointed as, or is entitled to be, a member of any authority of the University other than the Board or whether any decision of the University or of any such authority is in conformity with this Act and the Statutes, the matter shall be referred to the Chancellor whose decision thereon shall be final.
CHAPTER V
Research and Extension
25. Agriculture Experiment Station.
(1) There shall be established one or more Agriculture Experiment stations by the University with sub-stations throughout the State as may be necessary from time to time for the purpose of carrying out all research activities related to agriculture and allied sciences and subject to the provisions of this Act and the Statutes such research shall be both in fundamental and applied sciences in all Faculties.
(2) There shall be a Dean of Research who shall be appointed by the Vice-Chancellor with the approval of the Board.
(3) The Dean of Research shall be in charge of the Agriculture Experiment stations with powers to control and co-ordinate all research activities of the experiment stations. The Dean shall formulate the research programmes in all the institutions of the University in consultation with the respective Deans and shall be responsible to the Vice-Chancellor.
26. Extension Education.
(1) A Department of Extension Education shall be established and maintained by the University for the purposes of:-
(a) undertaking extension education programmes in different Blocks constituted under the Orissa Panchayat Samiti and Zilla Parishad Act, 1959, gradually covering the entire State in such manner as may be determined by Government in consultation with the Board;
(b) collection of information from the field;
(c) rendering assistance to the people in solving their problem relating to agriculture;
(d) dissemination of knowledge; and
(e) such other purposes as may be prescribed.
(2) There shall be a Dean of Extension Education who shall be a whole-time officer of the University.
(3) The Dean of Extension Education shall be appointed by the Vice-Chancellor with the approval of the Board and shall be responsible to the Vice-Chancellor.
CHAPTER VI
University funds, etc.
27. General Fund of the University.
The University shall have a general fund called the University Fund to which shall be credited —
(1) its income from fees, endowments and grants, if any;
(2) contributions or grants made by the State or Central Government and other authorities for general or specific purposes; and
(3) other contributions or grants.
28. Foundation Fund.
(1) The University shall have a fund called the Foundation Fund.
(2) The Foundation Fund shall consist of—
(?) the sum of not less than ten lakhs of rupees which shall be given to it by the Government in the course of the five years after the coming into force of this Act;
(b) any contribution to this fund which may be made by the Government, any local authority or other public body or others; and
(c) any contributions to this fund which may be made by the University.
(3) The Foundation Fund shall be invested and be kept invested, in securities, issued or guaranteed by the Central Government or by any other State Government and such investments shall not be varied without the consent of the Chancellor.
(4) The corpus of the Foundation Fund shall be kept intact but the interest thereon may be utilised for the purposes of the University.
(5) The expenditure from the revenues of the State referred to in clause (a) of sub-section (2) shall be expenditure charged on the revenues of the State.
29. Pension or Provident Fund.
(1) The University shall constitute for the benefit of its employees in such manner and subject to such conditions as may be prescribed, such pension, insurance or provident fund as it may deem fit.
(2) Where any such .provident fund has been so constituted with the approval of the Chancellor, the Chancellor, may declare that the provisions of the Provident Fund's Act, 1925 shall apply to such fund as if it were a Government Provident Fund.
30. Other Funds.
The University may have such other funds as may be prescribed.
31. Grants by Government.
The Government shall sanction in favour of the University an annual grant of riot less than twenty-five lakhs of rupees.
32. Accounts and Audit.
(1) The accounts -of the University shall be maintained in the prescribed manner under the direction of the Vice-Chancellor and all moneys accruing to or received by the University from whatever source and all amounts disbursed or paid shall be entered in the accounts.
(2) The accounts of the University and its funds shall be subject to audit under the Orissa Local Fund Audit Act, 1948. The copy of the audit report shall be presumed by the Vice-Chancellor to the Board and the Chancellor. A copy of the same shall be sent to the Government with a note of action taken on the report.
CHAPTER VII
Statutes
33. Statutes.
Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:—
(a) constitution, powers and duties or the authorities of the University;
(b) election, appointment and continuance in office of the members of the authorities of the University including the continuance in office of the first members and filling in of vacancies and all other matters relating to these authorities for which it may be necessary to provide;
(c) qualifications, manner of appointment, powers and duties, salaries, allowances and other conditions of service -of the officers of the University;
(d) designation, classification, manner of appointment, qualification, salaries, allowances and other conditions of service of teachers and other employees of the University;
(e) constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of officers, teachers and other employees of the University;
(f) institution of degrees and diplomas;
(g) conferment or Honorary Degrees;
(h) establishment, amalgamation, subdivision and abolition of Faculties;
(i) establishment of Departments of teaching in the Faculties;
(j) establishment and abolition of hostels maintained by the University;
(k) institution of fellowships, scholarships, medals and prizes;
(l) admission of students to the University and their enrolment and continuance as such;
(m) courses of study to be laid down for all degrees and diplomas of the University;
(n) conditions under which students shall be admitted to degree, diploma or other courses and to the examinations of the University and shall be eligible for the award of degrees and diplomas;
(o) conditions of residence of the students of the University and the fees for residence in hostels maintained by the University;
(p) recognition and management of hostels not maintained by the University;
(q) fees which may be charged by the University for any purpose;
(r) conditions subject to which persons may "be recognised as qualified to give instructions in hostel;
(s) conditions and mode of appointment and the duties of examining bodies, examiners and moderators;
(t) conduct of examination;
(u) conditions for the award of fellowships scholarships, studentships, bursaries, medals and prizes;
(v) conduct of business of the various authorities of the University; and
(w) all other matters which by this Act are to be or may be provided for by the Statutes.
34. Manner of making Statutes.
(i) The first Statutes with regard to matters specified in clauses (a) to (k) of section 33 shall be made by the Government after being previously published in the Gazette for the consideration of objections, if any, as may be received from the public within a month of such publication. Subsequent amendments and alterations in respect of these items shall, subject to the approval of the Government, be made by the Board.
(2) The first Statutes with regard to matters specified in clauses (l) to (w) of section 33 shall, subject to the approval of the Board and the Chancellor, be made by the Vice-Chancellor. The Academic Council may from time to time, propose draft of subsequent amendments and alterations of such Statutes, which would be considered by the Board at its next meeting. The Board may approve any such draft and amend or alter the Statutes accordingly or reject it or return it to the Academic Council for reconsideration, either in whole or in part, together with any amendments which it may suggest.
CHAPTER VIII
Miscellaneous
35. Annual Reports.
The annual report of the University shall be prepared under the direction of the Vice- Chancellor who shall submit it to the Board and thereafter send the report approved by the Board to the Government who shall lay the same before the Orissa Legislative Assembly.
36. Residence of students.
Students shall reside in accommodations maintained by the university or approved by the Vice-Chancellor subject to the conditions prescribed.
37. Transfer of Colleges to the University and other provisions connected with incidental to such transfer.
(1) The Government may, at any time after the commencement of this Act, by order published in the Gazette direct that any college owned and maintained by Government including the attached hostels and other buildings forming part of such college, together with the articles of furniture, library, books, laboratories, stores, instrument, apparatus, appliances and equipments of such college shall, with effect from such date and subject to such conditions as may be specified in the order, be transferred to the University and upon the publication of the said order, such college including the attached hostels and other buildings forming part of such college together with the articles of furniture, library, books, laboratories stores, instruments, apparatus, appliances and equipments of such college shall be deemed to have been transferred to the University as its college:
Provided that until arrangements are made by the University, the Government shall be, and continue to be, responsible for keeping the buildings of the college, including the fixures, fittings and connections, in a proper state of repair, as may from time to time be required by the University.
(2) Nothing in this section shall be deemed to authorise the University to sell, lease, exchange or otherwise dispose of any land or building of any college transferred to the University under subsection (1).
(3) Where any college has been transferred to the University by an order under sub-section (i), notwithstanding anything contained in this Act the University shall employ all members of the teaching staff and other servants of the Government who, immediately before the date of the publication of the said order, were serving in or were attached to that college, on such foreign service conditions as tray be determined by the Government:
Provided that such employees may, within a period of one year from the date they are called upon by the University so to do, exercise their option to revert to theft services under the Government failing which they shall be deemed to have been absorbed in the services of the University with effect from the date of the expiry of the period aforesaid and shall thereafter be governed by the terms and conditions governing the said services.
(4) The provisions contained in sub-section (2) and sub-section (5) shall, mutatis mutandis, apply in respect of colleges transferred to tie University prior to the coming into force of this Act and also in respect of the members of the torching staff and other servants of the Government, who immediately before such transfer were serving in or attached to that college.
38. Transitory provisions.
Notwithstanding anything to the contrary in this Act or the Utkal University Act, 1943 or Statutes or regulations made under any of the aforesaid enactments-
(i) any student who immediately prior to the 24th day of August, 1962 was studying in the colleges, if any, which have been or may hereafter be admitted to the privileges of the University, for a degree, diploma or certificate of the Utkal University shall, in accordance with the regulations of the latter University be entitled to be examined by and if on the results of such examination he qualifies, be entitled to be conferred, the corresponding degree, diploma or the Certificate, as the case may be, of the University established under this Act;
(ii) any student of the Utkal Krushi Mahavidyalaya or the College of Veterinary Science and Animal Husbandry at Bhubaneswar who immediately before the aforsaid date was studying or was eligible for any examination of the Utkal University shall have the right to complete his course in preparation therefor and appear at the examination in accordance with the courses of studies of the Utkal University.
39. Repeal and Savings.
The Orissa University of Agriculture and Technology Act, 1961 (hereinafter referred to as the said Act), is hereby repealed:
Provided: that—
(a) the University established, authorities constituted and officers, other than the Vice-President, appointed under the said Act shall be deemed to have been established, constituted and appointed under this Act;
(b) the person appointed to be the president under the said Act, shall be deemed to be the Vice-Chancellor appointed under this Act and shall subject to the other provisions of this Act, continue to hold office so long as he would have otherwise continued as such President;
(c) the aforesaid authorities shall continue to hold office until they are reconstituted in accordance with the provisions of this Act; and
(d) statutes and regulations made, notifications and notices issued, contracts entered into and all actions taken and things done under the said Act, shall be deemed to have been made, issued, entered into, taken and done under this Act and shall continue in force until new provisions are made under the appropriate provisions of this Act.
40. Removal of doubts and difficulties.
If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order, do anything, not inconsistent with the provisions of this Act or the Statutes and Regulations made thereunder, which appears to them necessary for the purpose of removing the doubt or difficulty.
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