Chapter IX SUPPLEMENTARY PROVISIONS

-1 (1)

1. (i) Every person who immediately before the date specified by the State Government under sub-section

1. (1) of section 7 is serving in any of the constituent colleges, institutions, centres or other activities transferred to the Maharashtra Krishi Vidyapeeth (Krishi Vidyapeeth) Act, 1967, which are situated in the University area shall, from that day, be deemed to have been allotted to the University, and shall be taken over and employed by the University.
   • (ii) Every person serving in any of the institutions, centres or other activities liable to be transferred to the University under section 7, and such members of the staff serving in the office of the Maharashtra Krishi Vidyapeeth and of the other Government staff connected with both or either of the Universities, as the State Government may, from time to time, having regard to the necessity therefor, direct, shall also be taken over and employed by the University. Every person taken over under clause
   • (i) or
   • (ii) and employed by the University shall be subject to the provisions of this Act and the Statutes and Regulations made thereunder : Provided—
   • (a) that, during the period of such employment all matters relating to the pay, leave, retirement, allowances, pension, provident fund and other conditions of service of the members of such staff shall be regulated by the Bombay Civil Services Rules or such other rules as may, from time to time, be made by the State Government ;
   • (b) that, any such member shall have a right of appeal to the State Government against any order of reduction, dismissal or removal from service or any other punishment.
2. (2) Subject to the provisions of sub-sections
3. (3) and (4), all permanent servants of the said staff taken over and employed by the University under sub-section
4. (1) shall have a lien on their posts in the service of the State Government, and the period of their service under the Maharashtra Krishi Vidyapeeth as well as the University shall they choose to revert to the service of the State Government, be counted for their increments, pension and other matters relating to their service.
5. (3) Notwithstanding anything contained in sub-sections
6. (1) and (2), every officer or servant of the State Government taken over by the University shall—
   • (i) within a period of two years from the date he was taken over by the Maharashtra Krishi Vidyapeeth, if he is allotted from that University and
   • (ii) within a period of two years from the date he is taken over by the University, if he is transferred by the State Government to the University direct, such further time, if any, as the State Government may decide, give notice in writing to the Government—
   • (a) that he should be permitted to retire and thereupon he shall be permitted to retire from Government service and shall be entitled to such terminal benefits as compensation, pension or gratuity, or the like, as may be prescribed by the State Government, or
   • (b) that he should be permanently absorbed in the service of the University, and thereupon the University shall absorb him permanently in its service, any service rendered by him under the State Government or the Maharashtra Krishi Vidyapeeth shall be deemed to be service under the University, and he shall be entitled to receive from the University such terms and conditions of service as respects remuneration, leave and pension, and such rights as respects disciplinary matters, or rights similar thereto as changed circumstances may permit as are not less favourable than those to which that person was entitled to immediately before he was taken over by the University, or
   • (c) that he should be permitted to revert to Government service and thereupon he shall be permitted to revert to the service on the same terms and conditions of service applicable to him immediately before he was first taken over by the Maharashtra Krishi Vidyapeeth or the University, as the case may be.
7. (4) If any officer or servant of the State Government fails to give notice under sub-section
8. (3) in time, he shall be deemed to have opted to be permanently absorbed in the service of the University under clause
   • (b) of sub-section (3).
9. (5) Notwithstanding anything contained in this section, in the case of any officer or servant of the State Government taken over by the University, if in the opinion of the University such person is not suitable or is surplus to its requirements, the University may move the State Government, within a period of two years from the date applicable in his case under sub-section (3), to repatriate the said officer or servants to the service of Government. Upon such request by the University, the State Government shall take back the said officer or servant in its service.
10. (6) Notwithstanding anything hereinbefore in this section contained, any person taken over and employed by the University under this section to whom section 53 of the Marathwada Agricultural University (Krishi Vidyapeeth) Act, 1972, applies shall, with effect from the date of commencement of that Act, be subject to the provisions of that Act and the Statutes and Regulations made thereunder.

1. (1) Notwithstanding anything contained in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, with effect from the date appointed (hereinafter in this section referred to as "the appointed day"), every person (whether he is a Government servant on deputation to a Zilla Parishad or is finally allotted to a Zilla Parishad under section 242 or 253C of the said Act or is appointed by a Zilla Parishad or has otherwise become an officer or servant of a Zilla Parishad under the said Act) serving in such school immediately before the appointed day, shall be taken over and employed by the University, and every person so taken over and employed shall be subject to the provisions of this Act and the Statutes and Regulations made thereunder : Provided —
   • (a) that during the period of such employment, all matters relating to the pay, leave, retirement, allowances, pension, provident fund and other conditions of service of such person shall be regulated by the rules, which were applicable to him immediately before the appointed day, or in the case of a Government servant on deputation be regulated by such other rules as may, from time to time, be made by the State Government ;
   • (b) that, against any order of reduction, dismissal or removal from service or any other punishment, any such person shall have a right of appeal, if he is a Government servant on deputation, to the State Government, and if he is or has become an officer or servant of a Zilla Parishad to such authority as was competent to entertain such appeal under the rules applicable to him immediately before the appointed day.
2. (2) Subject to the provisions of sub-sections
3. (3) and (4), all persons taken over and employed by the University under sub-section
4. (1) who are servants of the State Government on deputation to a Zilla Parishad under section 253B of the said Act, shall from the appointed day cease to be on such deputation; and who are permanent servants of the Government or of a Zilla Parishad shall have a lien on their posts in the service of the State Government or the Zilla Parishad, as the case may be, and the period of their service under the University shall if they choose to revert to the service of the State Government or the Zilla Parishad, be counted for their increments, pension and other matters relating to their service.
5. (3) Notwithstanding anything contained in sub-sections
6. (1) and (2), every person taken over by the University under sub-section
7. (1) shall, within a period of two years from the appointed day (or such further time, if any, as the State Government may decide) give notice in writing to the State Government —
   • (a) that he desires to retire and thereupon he shall be permitted to retire from Government service or the Zilla Parishad service, as the case may be, and shall be entitled to such terminal benefits as compensation, pension or gratuity, or the like, as he would have been entitled to had he then retired from Government service or the Zilla Parishad service, as the case may be, or
   • (b) that he should be permanently absorbed in the service of the University and thereupon the University shall absorb him permanently in its service, any service rendered or deemed to be rendered by him under the State Government or the Zilla Parishad shall be deemed to be service under the University, and he shall be entitled to receive from the University such terms and conditions of service as respects remuneration, leave and pension, and such rights as respects disciplinary matters or right similar thereto as changed circumstances may permit as are not less favourable than those to which that person was entitled to immediately before the appointed day, or
   • (c) that he should be permitted to revert to Government service or the Zilla Parishad service, as the case may be, and thereupon he shall be permitted to revert to the said service on the same terms and conditions of service applicable to him immediately before the appointed day.
8. (4) If any person taken over by the University under sub-section
9. (1) fails to give notice under sub-section
10. (3) in time, he shall be deemed to have opted to be permanently absorbed in the service of the University under clause
    • (b) of sub-section (3).
11. (5) Notwithstanding anything contained in this section, in the case of any person taken over by the University, if in the opinion of the University such person is not suitable or is surplus to its requirements, the University may move the State Government, within a period of two years from the appointed day, to repatriate him to the service of Government or the Zilla Parishad, as the case may be.

Certain appointments to be under contract

1. (1) Save as otherwise provided by or under this Act, every salaried officer and academic staff member shall be appointed under a written contract. The contract shall be lodged with the Registrar, and a copy thereof shall be furnished to the employee concerned.
2. (2) No such employee shall receive any remuneration for any work in or outside the University, except as may be provided by the Statutes.
3. (3) Any dispute arising out of a contract between the University and any of its employees shall at the request of the employee concerned be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Chancellor. The decision of the Tribunal shall be final, and no suit shall lie in any civil court in respect of the matter decided by the Tribunal.

Appointment of academic staff members to be made on recommendation of selection committee No person shall be appointed by the University as a member of the academic staff, except on the recommendation of a selection committee constituted for the purpose in accordance with the provisions of the Statutes made in that behalf.

1. (1) Save as otherwise provided any member of any authority or body of the University may resign his office by letter addressed to the Vice-Chancellor through the Registrar, and on the Vice-Chancellor accepting the resignation, the office of such member shall become vacant.
2. (2) Any member of any authority or body of the University shall cease to be a member thereof of his being convicted by a Court of law of an offence which involves moral turpitude.

When any vacancy occurs in the office of a member (other than an ex-officio member) of any authority or body of the University before the expiry of the term of office of such member, the vacancy shall be filled, as soon as conveniently may be, by election, nomination, appointment or co-option, as the case may be, of a member who shall hold office so long only as the member in whose place he has been elected, nominated, appointed or co-opted, would have held it, if the vacancy had not occurred :

Acts and proceedings not invalid merely on the ground of defect in constitution, vacancy, etc Notwithstanding that the Court, the Executive Council or the Academic Council or any other authority or body of the University is not duly constituted, or there is a defect in its constitution or reconstitution and notwithstanding that there is a vacancy in the membership of any such authority or body, no act or proceeding of such authority or body shall be invalid merely on any such ground.

If any question arises regarding the interpretation of any provision of this Act or of any Statute or Regulation, or as to whether a person has been duly elected or appointed or co-opted as, or is entitled to be, a member of any authority or body of the University, the matter may be referred on petition by any person or body directly affected or suo motu by the Vice-Chancellor to the Chancellor, who shall, after giving the person or body affected a reasonable opportunity of being heard and after taking such advice as he deems necessary, decide the question, and his decision shall be final :

Protection of acts and orders All acts and orders duly and in good faith done or passed by the University, or any of its authorities, bodies or officers shall be final; and no suit shall be instituted against or damage claimed from the University or its authorities or bodies or officers for anything purporting to be done in pursuance of this Act and the Statutes and Regulations framed thereunder.

Where any authority of the University is given power by this Act or the Statutes to appoint any committee, such committee may, except as otherwise provided, consist of its members, or partly of its members and partly of other persons, as the authority concerned may in each case decide.

The annual report of the University shall be prepared under the direction of the Executive Council and submitted by it to the Court on or before such date as may be prescribed. The report as approved by the Court shall be submitted by the Vice-Chancellor to the Chancellor and the State Government. The State Government shall cause the report to be laid before each House of the State Legislature.