section 50A
SPECIAL PROVISIONS IN RESPECT OF CERTAIN COLLEGES, RESEARCH CENTRES/INSTITUTES, TRAINING CENTRES AND CATTLE BREEDING FARMS, ETC.
Maharashtra Animal and Fishery Sciences University (Amendment) Act, 2018Education201818 sections3 chapters
Chapter II THE UNIVERSITY
Statutory text
Notwithstanding anything contained in clause
- (b) of section 62 of the Maharashtra Animal and Fishery Sciences University Act, 1998 and the First Schedule thereto or in any notification, document or instrument to the contrary or in any law for the time being in force, on and with effect from the 17th November 2000, the following colleges, recognized institutions, research centres, training centres and farms specified below shall be constituent colleges, recognized institutions, research centres, training centres and farms of the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth, namely :—
- (A) College
- (1) College of Fisheries, Shirgaon, Ratnagiri.
- (B) Research Centres/Institutes
- (1) Taraporewala Marine Biological Research Station, Mumbai.
- (2) Marine Biological Research Station, Ratnagiri.
- (3) Kharland Research Centre, Panvel.
- (4) Fodder Research Centre, Palghar.
- (C) Training Centres
- (1) Livestock Supervisor’s Training Centre, Lanja.
- (D) Cattle Breeding Farms
- (1) Cattle Breeding Farm, Kudal, District Sindhudurg.". 6. Amendment of section 9 of Mah. XVII of 1998 To section 9 of the Maharashtra Animal and Fishery Sciences University Act, 1998 (hereinafter referred to as "the MAFSU Act"), the following proviso shall be added and shall be deemed to have been added with effect from the 17th November 2000, namely :— " Provided that, nothing in this section or any other provision of this Act shall apply to the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth, Dapoli ; and that University shall be competent to award any degree, diploma, certificate or any other academic distinction in Fishery Sciences.". 7. Deletion and saving of Second Schedule to Mah. XVII of 1998
- (1) The Second Schedule to the MAFSU Act shall be deleted.
- (2) The deletion of Second Schedule shall not affect the amendments made by the said Schedule to the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983. 8. Validation and savings Notwithstanding anything contained in the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983 and the Maharashtra Animal and Fishery Sciences University Act, 1998 or any law, rule, document or instrument to the contrary, or in any judgment or order or direction of any court,—
- (a) the College of Fisheries, Shirgaon, Ratnagiri shall be deemed to be constituent college of the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth, Dapoli ;
- (b) the College of Fisheries, Shirgaon ; Taraporewala Marine Biological Research Station, Mumbai ; Marine Biological Research Station, Ratnagiri ; Fodder Research Centre, Palghar ; Kharland Research Centre, Panvel ; Livestock Supervisor’s Training Centre, Lanja and the Cattle Breeding Farm, Kudal (District Sindhudurg) (hereinafter referred to as “the said College, Research Centres, Institutes and Training Centre”), deleted by the Government Notification, Agriculture, Animal Husbandry, Dairy Development and Fisheries Department, No. PASAMPRA.3500/ CR-135/ADF-1, dated the 17th November 2000, shall be deemed to be the constituent College, Research Centres, Institutes or, as the case may be, Training Centre of the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth, ;
- (c) any student who immediately prior to the date of coming into force of this Act, was studying for a degree, diploma, certificate, academic awards, etc., in Fishery Sciences in the said College, Research Centres, Institutes and Training Centre referred to in clause
- (b) shall continue his studies under the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth ;
- (d) all the students registered as students of the said College, Research Centres, Institutes and Training Centre, referred to in clause
- (b) for any subject or course or programme before the coming into force of this Act, shall deemed to have been registered with the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth ;
- (e) where any examination is held by the said University, College, Research Centres, Institutes and Training Centre but the degree or other academic distinction has not been conferred or issued or the result of any such examination has not been published, such examination shall be deemed to have been held by the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth and that Krishi Vidyapeeth shall be competent to confer or issue any degree, diploma, certificate, academic distinctions, etc., and to declare the result of such examination ;
- (f) any degree, diploma, certificate, academic distinctions, etc., conferred or awarded in Fishery Sciences to any student by the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth, Dapoli or the said College, Research Centre, Institute and Training Centre before the coming into force of this Act, shall be deemed to have been conferred or awarded under the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth ;
- (g) all benefactions, awards, certificates, accepted or received by the said College, Research Centres, Institutes and Training Centre before the coming into force of this Act, shall be deemed to have been accepted or received by the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth ;
- (h) all property, movable or immovable obtained or all rights (including Intellectual Property Rights registered or obtained), interest of whatsoever kind, powers and privileges of the said College, Research Centres, Institutes and Training Centre before the coming into force of this Act, shall be deemed to have been obtained or registered with the said College, Research Centre, Institute and Training Centre ;
- (i) all will, deed or other document (including research reports) made before the coming into force of this Act, which contains any bequest, gift, terms and trust in favour of the College, Research Centres, Institutes and Training Centre shall be deemed to have been made with the said College, Research Centre, Institute and Training Centre ;
- (j) any right, privilege, obligation or liability acquired, accrued and incurred by the said College, Research Centres, Institutes and Training Centre, before the date of coming into force of this Act, shall be deemed to have been the rights, privilege, obligation or liability acquired, accrued and incurred by the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth ;
- (k) all the resolutions passed by the authorities or bodies of the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth with respect to the subject 'fishery sciences', shall be deemed have been passed or made by the that Krishi Vidyapeeth in accordance with the provisions of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983, as amended by this Act ;
- (l) all rules, regulations or statutes made by the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth and applicable to the said College, Research Centre, Institute and Training Centre, shall be deemed to have been made by that Krishi Vidyapeeth in accordance with the provisions of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983, as amended by this Act ;
- (m) all academic and non-academic staff members appointed under the said College, Research Centres, Institutes and Training Centre, shall be deemed to have been appointed by the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth and shall continue to work under that Krishi Vidyapeeth ;
- (n) any legal suit, appeal or legal proceeding of whatever nature, which is pending before any court, tribunal or authority by or against the said College, Research Centres, Institutes and Training Centre before the coming into force of this Act, shall be deemed to have been pending by or against the Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth. 9. Power to remove difficulty
- (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, do anything, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty : Provided that, no such order shall be made after expiry of a period of two years from the date of commencement of the Act.
- (2) Every order made under sub-section
- (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature. 10. Repeal of Mah. Ord. XIV of 2019 and saving
- (1) The Maharashtra Agriculture Universities (Krishi Vidyapeeths) and the Maharashtra Animal and Fishery Sciences University (Amendment and Validation) Ordinance, 2019 is hereby repealed.
- (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the Maharashtra Agriculture Universities (Krishi Vidyapeeths) Act, 1983 and the Maharashtra Animal and Fishery Sciences University Act, 1998, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the said Acts as amended by this Act. 11. Insertion of new section 37A in Mah. XVII of 1998 After section 37 of the principal Act, the following section shall be added, namely :— " 37A.
- (1) The rights conferred on a college by affiliation may be withdrawn, in whole or in part, or modified by the University, if the college has failed to carry out any of the provisions of section 35A or has failed to observe any of the conditions of its affiliation or it is conducted in a manner which is prejudicial to the interests of Animal and Fishery Sciences education.
- (2) A motion for the withdrawal or modification of such rights shall be initiated only in the Academic Council. The member of the Academic Council who intends to move such a motion shall give notice of it and shall state in writing the grounds on which it is made.
- (3) Before taking the said motion into consideration, the Academic Council shall send a copy of the notice and the statement of grounds mentioned in sub-section
- (2) to the Principal or Associate Dean of the college concerned together with an intimation that any representation in writing submitted within a period specified in such intimation on behalf of the college will be considered by the Academic Council : Provided that, the period so specified may, if necessary, be extended by the Academic Council.
- (4) On receipt of the representation or on expiry of the period referred to in sub-section (3), the Academic Council after considering the notice of motion, statement of grounds and representation and after such inspection by any person authorized in this behalf by the Academic Council as it deems fit, shall consider the action to be taken in the matter. If the Academic Council considers that action should be taken for withdrawal of affiliation, in whole or in part, the Academic Council shall pass a resolution for that purpose, stating the grounds for such withdrawal, and make a recommendation to that effect to the Executive Council.
- (5) On receipt of such recommendation from the Academic Council, the Executive Council may, after such further inquiry as may appear to it to be necessary, decide whether the affiliation should be withdrawn or not and whether in whole or in part and may make such recommendation to the State Government and the decision of the State Government thereon shall be final.
- (6) The State Government, if decides to withdraw or modify the affiliation, shall intimate it's decision to the University, concerned college and appropriate authority of the Central Government and the Veterinary Council of India or Indian Council of Agricultural Research, as the case may be, at the earliest. ".
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