The Rajasthan University of Veterinary and Animal Sciences (Jobner) Jaipur Act, 2023
Chapter VIII Chapter VIII
Chapter VIII Chapter VIII
47. Transitory powers of the first Vice-Chancellor
Miscellaneous
- (1) It shall be the duty of the first Vice-Chancellor to make arrangements for constituting the Board of Management, the Academic Council and such other authorities of the University as specified in this Act within six months from the commencement of this Act or such longer period, not exceeding one year, as the Government may, by notification, allow.
- (2) The first Vice-Chancellor shall, in consultation with the Government, make such rules as may be necessary for the functioning of the University.
- (3) The authorities constituted under sub-section (1) shall commence to exercise their powers and perform their functions on such date or dates as the Government may, by notification, specify.
- (4) It shall be the duty of the first Vice-Chancellor to make such Statutes, Ordinances and Regulations as may be necessary with the approval of the Chancellor and submit them to the respective authorities, competent to deal with them for their disposal. Such Statutes, Ordinances and Regulations when framed shall be published in the Official Gazette.
- (5) Notwithstanding anything contained in this Act and the Statutes, Ordinances and Regulations, until such time an authority is duly constituted, the first Vice-Chancellor may appoint any officer or constitute any committee temporarily to exercise and perform any of the powers and functions of such authority under this Act.
- (6) All Statutes, Ordinances and Regulations made under the Rajasthan University of Veterinary and Animal Sciences, Bikaner Act, 2010 (Act No. 13 of 2010) shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been made under this Act and shall continue to be in force until they are superseded or modified by the Statutes, Ordinances or Regulations made under this Act.
- (7) All notices and orders, made or issued by any authority under the Rajasthan University of Veterinary and Animal Sciences, Bikaner Act, 2010 (Act No. 13 of 2010) shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been made or issued by the corresponding authority under this Act and shall continue to be in force until they are superseded or modified.
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48. Power to transfer of persons and properties from other Universities
The Chancellor may, in consultation with the State Government, at any time, make such orders, as are deemed necessary for the transfer of-
- (a) any officer, teacher, employee or servant; or
- (b) any movable or immovable property or any rights or interests there in; or
- (c) any fund, grant, contribution, donation, aid or benefaction received, accrued or promised; or
- (d) any dues, liabilities or obligations incurred or lawfully subsisting in favour of or against the University; or
- (e) any will, deed or other document containing any bequest, gift or trust, from any other University of which he or she is the Chancellor to the University constituted under this Act on such terms and conditions as may be determined in the order.
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49. Power to transfer of colleges, institutions and units
- (1) Notwithstanding anything contained in any law for the time being in force, the colleges, institutions, hostels, offices, research stations, extension centres and any other body, agency or unit, as may be specified by notification in the Official Gazette may, at anytime, be disaffiliated or, as the case may be, transferred by the Government from any other University in the State and affiliated or transferred to or vested in the University constituted under this Act on such terms and conditions as may be determined by the Government.
- (2) The control and management of any college, institution, hostel, office, research station, extension centre and any other body, agency or unit affiliated or transferred under subsection (1) shall stand vested in the University from the date of the publication of the notification under sub-section (1).
- (3) The students of the college or institutions or the persons, engaged in research station or extension center or in any other body, agency or units affiliated or transferred to the University shall be permitted to complete their course, research or programme and the University shall make arrangements there for.
- (4) A person employed as a teacher or an employee in any college, institution, research station, extension center or any other body, agency or unit referred to in sub-section (1) shall, from the date of notification issued under the said sub-section, be deemed to have become the teacher or, as the case may be, the employee of the University on the same terms and conditions.
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50. Transfer of certain colleges, institutions, research stations, extension centres and units
Notwithstanding anything contained in sections 48 and 49 and any other law for the time being in force, the colleges, institutions, research stations, extension centres and units specified in Schedule shall stand transferred to and vested in the University constituted under this Act on and from the commencement of this Act along with all their movable or immovable property and rights and interest in such property and the officers, employees and servants posted and working immediately before such commencement in the said colleges, institutions, research stations, extension centres and units shall become the officers, employees or, as the case may be, servants of the University with effect from the date of such commencement on the same terms and conditions.
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51. Power to obtain information
Notwithstanding anything contained in this Act or any other law for the time being in force, the Government may, by order in writing, call for any information from the University on any matter relating to the affairs of the University and, the University shall, if such information is available with it, furnish the Government with such information within a reasonable period:
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52. Provided that in the case of information which the University considers confidential, the University may place the same before the Chancellor.
Annual report
- (1) The annual report of the University shall be prepared under the direction of the Vice-Chancellor and submitted to the Board at least one month before the annual meeting at which it is to be considered.
- (2) The Board shall, after considering the annual report, forward a copy thereof to the Government.
- (3) On receipt of a copy of the annual report, the Government shall cause a copy of such report together with their comments thereon to be laid before the House of the State Legislature.
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53. Constitution of other authorities
The Board may constitute such other authorities of the University as may be necessary in the manner prescribed by the Statutes.
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54. Constitution of Committees and delegation of powers
- (1) Every authority shall have the power to appoint Committees which may unless otherwise provided in this Act or Statutes consist of the members of the authority and such other persons as it may deem fit.
- (2) Every authority shall have power to delegate any Committee constituted by it under sub-section (1) such of its powers as it may think fit, subject to such terms and restriction, as it may impose.
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55. Provisions in relation to membership of authorities
- (1) A person who is a member of any authority of the University as a representative of another authority or body, whether of the University or not, shall cease to be a member of such authority if before the expiry of the term of his or her membership he or she ceases to be a member of that other authority or body by which he or she was appointed or nominated.
- (2) Whenever any person becomes a member of any authority or body of the University by virtue of the office held by him, he or she shall forth with cease to be a member of such authority if he or she ceases to hold such office before the expiry of the term of his or her membership.
- (3) Any member, other than an ex-officio member, of any authority of the University, may resign his or her office by letter addressed to the person, authority or body by whom or which he or she was nominated and such resignation, upon acceptance, shall take effect from the date of it's acceptance.
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56. Validity and protection of acts
- (1) The University shall adhere to the Acts and laws of the Union and the State.
- (2) No act or proceeding of any authority or body of the University shall be invalid by reason of the existence of any vacancy among its members or by reason of some person having taken part in the proceedings who is subsequently found to have been not entitled to do so.
- (3) Save as otherwise provided in this Act, all the acts done or orders made in good faith by the University or any of its authorities shall be final and no suit shall be instituted against or damages claimed from the University or its authority for anything done or purported to have been done in pursuance of this Act and Statutes, and Ordinances or Regulations made thereunder.
- (4) No suit or other legal proceeding shall lie against any officer or other employee of the University in respect of anything which is in good faith done or intended to be done in pursuance of this Act and Statutes, and Ordinances or Regulations made thereunder.
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57. Disputes as to constitution of University authorities and bodies
If any question arises whether any person has been duly nominated as, or is entitled to be, a member of any authority of the University or other body of the University, the question shall be referred to the Chancellor whose decision thereon shall be final.
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58. Disqualification for membership
- (1) No person shall be qualified for nomination as a member of any of the authorities of the University, if he or she-
- (i) is of unsound mind; or
- (ii) stands adjudicated as an insolvent or an undischarged insolvent; or
- (iii) has been sentenced by a criminal court to imprisonment for any offence involving moral turpitude.
- (2) In case of dispute or doubt as to whether a person is disqualified under sub-section (1), the Board shall refer such case to the Chancellor, whose decision shall be final.
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59. Filling casual vacancies
All casual vacancies among the members other than ex-officio members of any authority of the University shall be filled, as soon as may be, by the person, authority or body who or which nominated the member whose place has become vacant and the person nominated to a casual vacancy shall be a member of such authority for the remainder of the term for which the member whose place he or she fills would have been a member:
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60. Provided that no casual vacancy shall be filled, if such vacancy occurs within six months before the date of the expiry of the term of the member of any authority of the University.
Removal of any person from membership of any University authorities
- (1) The Board may remove by an order in writing made in this behalf any person from membership of any authority of the University by a resolution passed by a majority of the total membership of the Board and by a majority of not less than two-third of the members of the Board present and voting at the meeting, if such person has been convicted by a criminal court for an offence which in the opinion of the Board involves moral turpitude, or if he or she has been guilty of gross misconduct and for the same reason the Board may withdraw any degree or diploma or other academic distinction conferred on, or granted to, that person by the University.
- (2) The Board may also by an order in writing made in this behalf remove any person from the membership of any authority of the University if he or she becomes of unsound mind or has applied to be adjudicated or has been adjudicated as an insolvent.
- (3) No action under this section shall be taken against any person unless he or she has been given a reasonable opportunity to show cause against the action proposed to be taken.
- (4) A copy of every order passed under sub-section (1) or sub-section (2), as the case may be, shall, as soon as may be after it is so passed, be communicated to the person concerned in the manner prescribed.
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61. Vice-Chancellor and other officers etc., to be public servants
The Vice-Chancellor, the Registrar, the Comptroller, the Deans, the Director of Research, the Director of Clinics, the Director of Extension Education and other Directors as specified by the Statutes and other employees of the University shall be deemed, to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).
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62. Power to remove difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for removing the difficulty: Provided that no order under this section shall be made after the expiry of a period of two years from the commencement of this Act.
- (2) Every order made under this section shall be laid, as soon as may be, after it is so made, before the House of the State Legislature.
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