Bare Act
Chapter VI AFFILIATION AND RECOGNITION
Education196874 sections11 chapters
Chapter VI AFFILIATION AND RECOGNITION
38. Affiliation of Colleges
Statutory text
(1)
- (a) If at the date on which this section comes into force any college or other educational institution in the University area, other than a Government college, college or institution, giving instruction at the degree or diploma level in the field of agriculture is associated with or admitted to the privileges of any University established by law in the State, then on such date such association and admission to privileges, as the case may be, shall cease to have effect in relation to such institution; and with effect from such date all such institutions shall be deemed to be admitted to the privileges of the University, and the University shall, as far as may be possible and consistent with this Act, admit such institutions to all such privileges as they had from the other University, immediately before such date.
- (b) After such date no college or other institution in the University area giving instructions at the degree or diploma level in the field of agriculture shall, save with the sanction of the State Government, be associated in any way with, or seek admission to any privileges of, any other University established by law in the State.
- (2) A college applying for affiliation to the University shall send a letter of application to the Registrar, and shall satisfy the Executive Council and the Academic Council,–
- (a) that the college will fulfill a need in the locality, having regard to the type of education being provided or intended to be provided by it, the existing provision for the same type of education made by other colleges in the neighbourhood, and the suitability of the locality where the college is or is to be established;
- (b) that the college is to be under the management of a regularly constituted governing body;
- (c) that the strength and qualifications of the teaching staff and the conditions governing their tenure of office are such as to make due provision for the courses of instruction, teaching, research and training to be undertaken by the college;
- (d) that the buildings in which the college is to be located are suitable, and that provision will be made in conformity with the Regulations for the residence of the students in the hostels;
- (e) that a farm of adequate size with appropriate facilities for research and practical training of students, is available at or near the college in conformity with the Statutes and the Regulations;
- (f) that due provision has been or will be made for a library and laboratories;
- (g) that due provision will, as far as circumstances may permit, be made for the residence of the Principal and some members of the academic staff in or near the college or the place provided for the residence of students;
- (h) that the financial resources of the college are such as to make due provision for its continued maintenance and efficient working;
- (i) that the rules of the college fixing the fees (if any) to be paid by the students have not been so framed as to involve such competition with any existing college in the same neighbourhood as would be injurious to the interests of education. The application shall further contain an assurance that after the college is affiliated, any transferance of management and all changes in the academic staff and all other changes which result in any of the aforesaid requirements not being fulfilled or continued to be fulfilled shall be forthwith reported to the Executive Council.
- (3) On receipt of a letter of application under sub-section (2), the Executive Council shall–
- (a) direct a local inquiry to be made by a competent person or persons authorised by the Executive Council in this behalf in respect of the matters referred to in sub-section
- (2) and such other matters as may be deemed necessary and relevant;
- (b) make such further inquiry as may appear to it to be necessary;
- (c) record its opinion, after consulting the Academic Council, on the question whether the application should be granted or refused, either in whole or in part, stating the results of any inquiry under clauses
- (a) and (b);
- (d) in case all conditions are fulfilled, forward the application along with its recommendations and proceedings to the Court.
- (4) The Court may, after such inquiries as may appear to it to be necessary, grant or refuse the application, either in whole or in part. Where an application or any part thereof is granted, the decision of the Court shall specify the courses of instruction in respect of which the college is affiliated, and where the application or any part thereof is refused, the grounds of such refusal shall be stated.
- (5) An application under sub-section
- (2) may be withdrawn at any time before a decision is taken under sub-section (4).
- (6) Where a college desires to add to the courses of instruction in respect of which it is affiliated, the procedure prescribed under sub-sections
- (2) to
- (5) shall, so far as may be, be followed.
- (7) Where an affiliated college desires to become a constituent college, the college shall send a letter of application to the Registrar, with its terms and conditions, if any. Such application shall be considered by the Executive Council, and such Council shall, with the approval of the State Government, recommend to the State Government whether such application should be granted or refused, and if the application be granted subject to what terms and conditions as may be mutually agreed upon between the college and the University. The State Government may, after such inquiries as appears to it to be necessary, grant or refuse the application subject to such modifications, if any, as it may deem fit to make in the terms and conditions recommended by the Executive Council. If the application is granted, the college shall be a constituent college and taken under direct management by the University, on and from such date as may be specified in this behalf by the State Government by notification in the Official Gazette.
Chapter VI AFFILIATION AND RECOGNITION
39. Recognition of institutions of research and specialised studies and of lower agricultural education
Statutory text
- (1) The Court shall have the power, after consultation with the Executive Council, to recognise any institution of research or specialised studies under the management of any authority other than the University as recognised institution for the purpose of providing means of instruction and research to meet partially the requirements of the University for advanced degrees.
- (2) An institution applying for recognition under this section shall send a letter of application to the Registrar and shall give full information in such letter in respect of the following matters :–
- (a) constitution and personnel of the managing body;
- (b) subjects and courses in regard to which recognition is sought;
- (c) accommodation, equipment and the number of students for whom provision has been or is proposed to be made;
- (d) the strength of the staff, their qualifications and salaries and the research work done by them;
- (e) fees levied or proposed to be levied and the financial provision made for capital expenditure on buildings, lands and equipment and for the continued maintenance and efficient working of the institution.
- (3) On receipt of a letter under sub-section (2), the Executive Council shall–
- (a) direct a local inquiry to be made by a competent person or persons authorised by it in this behalf;
- (b) make such further inquiry as may appear to it to be necessary;
- (c) record its opinion, after consulting the Academic Council, on the question whether the application should be granted or refused, either in whole or in part, stating the results of any inquiry under clauses
- (a) and (b);
- (d) recommend to the Court, grant or refusal of the recognition, either in whole or in part, and thereupon the Court shall take such decision as it deems fit.
- (4) The Court shall also have power, after consultation with the Executive Council, to recognise any institution for lower agricultural education, such as an agricultural school or gramsevak training centre under the management of any authority other than the University, as a recognised institution for the purpose of providing means of instruction in lower level education in agriculture and allied activities. The procedure prescribed in sub-sections
- (2) and
- (3) applying for and granting or refusing to grant recognition to any institution of research or specialised studies shall apply mutatis mutandis for applying for and granting or refusing to grant recognition to any institution for lower agricultural education.
Chapter VI AFFILIATION AND RECOGNITION
40. Inspection of colleges and institutions and reports
Statutory text
- (1) Every affiliated college and recognised institution shall furnish such reports, returns and other information as the Executive Council may require to enable it to judge the efficiency and necessity of the college or institution with respect to the University requirements.
- (2) The Executive Council shall cause every such college or institution to be inspected from time to time by one or more competent persons authorised by the Executive Council in this behalf.
- (3) The Executive Council may call upon any affiliated college or recognised institution so inspected to take, within a specified period, such action as may appear to it to be necessary in respect of any of the matters referred to in the last two preceding sections.
Chapter VI AFFILIATION AND RECOGNITION
41. Withdrawal of affiliation
Statutory text
- (1) The rights conferred on a college by affiliation may be withdrawn, in whole or in part, or modified, if the college has failed to carry out any of the provisions of sub-section
- (2) of section 38 or it 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 agricultural education.
- (2) A motion for the withdrawal or the modification of such rights shall be initiated only in the Executive Council. The member of the 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 Executive Council shall send a copy of the notice and written-statement mentioned in sub-section
- (2) to the Principal 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 Executive Council : Provided that, the period so specified may, if necessary, be extended by the Executive Council.
- (4) On receipt of the representation, or on the expiry of the period referred to in sub-section (3), the Executive Council, after considering the notice of motion, statement and representation and after such inspection by any competent person or persons authorised by the Executive Council in this behalf, and such further inquiry as may appear to it to be necessary, and after consultation with the Academic Council, recommend to the Court the action to be taken in the matter.
- (5) Upon receipt of any proposal under the last preceding sub-section, the Court shall take a decision on the action to be taken in the matter.
Chapter VI AFFILIATION AND RECOGNITION
42. If the Court decides the withdrawal of affiliation, in whole or in part, the grounds for such withdrawal shall be stated in the resolution of the Court passed for that purpose.
Statutory text
Withdrawal of recognition
- (1) The rights conferred on an institution by recognition may be withdrawn or suspended for any period by the Court, if the institution has failed to observe any of the conditions of its recognition, or the institution is conducted in a manner which is prejudicial to the interests of agricultural education or research.
- (2) A motion for such withdrawal or suspension shall be initiated only in the Executive Council. The member of the 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 Executive Council shall send a copy of the notice and written-statement mentioned in sub-section
- (2) to the Head of the institution concerned, together with the intimation that any representation in writing submitted within a period specified in the intimation, on behalf of the institution, will be considered by the Executive Council : Provided that, the period so specified may, if necessary, be extended by the Executive Council.
- (4) On receipt of the representation, or on the expiry of the period referred to in sub-section (3), the Executive Council, after considering the notice of motion, statement and representation, and after such further inquiry as may appear to it to be necessary and after consulting the Academic Council, shall recommend to the Court the action to be taken in the matter. On receipt of such proposal, the Court shall take a decision in the matter. If the Court decides the withdrawal of recognition, the grounds for such withdrawal shall be stated in the resolution of the Court passed for the purpose.
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