Chapter VIII MISCELLANEOUS

On the commencement of this Act, the assets and liabilities of the existing University shall stand transferred to, and shall vest in, the Haryana Agricultural University and the Punjab Agricultural University and shall be apportioned between such Universities in accordance with the following principles, namely:--

1. (a) (i) any asset of the existing University which is, immediately before the commencement of this Act, in the State of Haryana, and every right to such property, shall stand transferred to, and shall vest in, the Haryana Agricultural University;
   • (ii) every other asset and every right thereto shall stand transferred to, and shall vest in, the Punjab Agricultural University;
2. (b) (i) every liability of the existing University which is relatable to any unit or asset in the State of Haryana shall, if subsisting immediately before the commencement of this Act, be the liability of the Haryana Agricultural University;
   • (ii) every other liability of the existing University, if subsisting on such commencement, shall be the liability of the Punjab Agricultural University;
3. (c) the cash balances (whether in the form of cash, bank or security deposits) and reserve funds held by the existing University, immediately before the commencement of this Act, shall, after deducting all the liabilities of the existing University up to such commencement, be apportioned between the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60;
4. (d) every contract made by the existing University before the commencement of this Act shall, if subsisting at such commencement, be deemed to have been made--
   • (i) in the case of a contract which is relatable to any asset or unit of the existing University in the State of Haryana, by the Haryana Agricultural University;
   • (ii) in any other case, by the Punjab Agricultural University;
5. (e) every share, debenture, bond and other investment made by the existing University shall be valued on the basis of average market value thereof during one year immediately before the commencement of this Act, and the value so determined shall be apportioned between the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60;
6. (f) every borrowing made by the existing University before the commencement of this Act shall, if the liability is subsisting on such commencement, be repaid together with the interest due thereon by the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60;
7. (g) the Provident Fund and accruals thereto of every officer or other employee of the existing University shall stand transferred to the corresponding University in which he has been posted on the date of the commencement of this Act. Explanation.--For the purposes of this section, "asset" shall be deemed to include all property, movable and immovable, rights, powers, authorities and privileges, and all other rights and interests arising out of such property as were immediately before the commencement of this Act in the ownership, possession, power or control of the existing University, and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all obligations of whatever kind then subsisting of the existing University.

If, at the commencement of this Act, any suit, appeal or other proceeding of whatever nature is pending by or against the existing University, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the dissolution of the existing University, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against--

1. (a) the Haryana Agricultural University, if it relates to any property or unit of the existing University in the State of Haryana; and
2. (b) in any other case, the Punjab Agricultural University.

1. (1) Save as otherwise provided in section 13, all officers and other employees of the existing University holding office as such immediately before the commencement of this Act shall, on such commencement, become the officers or other employees of the corresponding University and such officers or other employees shall be divided between those Universities in accordance with the following principles, namely:--
   • (a) those officers or other employees of the existing University who are holding office in, or in connection with, any property or unit of the existing University in the State of Haryana shall become the officers or other employees of the Haryana Agricultural University;
   • (b) every other officer or other employee of the existing University, shall become the officer or other employee of the Punjab Agricultural University.
2. (2) Every officer or other employee of the existing University shall, on and from the commencement of this Act hold his office or service in the corresponding University on the same terms and conditions and with the same rights to pension, provident fund, gratuity and other matters as would have been admissible to him if the existing University had not been dissolved, and continue to do so unless and until his employment in the corresponding University is duly terminated or until his remuneration and terms or conditions of service are duly altered by the corresponding University.
3. (3) For the persons who, immediately before the commencement of this Act, were the trustees for pension, provident, gratuity or other like fund, constituted for the officers or other employees of the existing University, there shall be substituted as trustees such persons as the appropriate Government may by general or special order, specify.
4. (4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or any other law for the time being in force, the transfer of the services of any officer or other employee from the existing University to a corresponding University shall not entitle such officer or other employee to any compensation, whether under this Act or under any other law for the time being in force, and no such claim shall be entertained by any court, tribunal or other authority.

1. (1) All casual vacancies among the members (other than ex officio members) of any authority or body of each corresponding University shall be filled, as soon as possible, by the person or body who or which appointed or nominated the member, whose place became vacant, and the person appointed or nominated to a casual vacancy shall be a member of such authority or body for the remaining period of the term for which the person whose place he fills would have been a member.
2. (2) A person, who is a member of any authority of a corresponding University as a representative of another body, whether of that University or not, shall retain his seat on that authority so long as he continues to be a member of the body by which he was appointed or nominated and thereafter till his successor is duly appointed or elected.
3. (3) No act or proceeding of any authority or body of a corresponding University shall be invalid by reason merely of the existence of any vacancy or defect in the constitution of such authority or body.
4. (4) If any question arises whether any person has been duly appointed as, or is entitled to be, a member of any authority of a corresponding University subordinate to the Board or whether any decision of the corresponding University is in accordance with this Act and the Statutes, the question shall be referred to the appropriate Government whose decision thereon shall be final.

1. (1) The Annual Report of a corresponding University shall be prepared under the directions 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. (2) The Board shall, after consideration of the Annual Report, forward a copy thereof to the appropriate Government.
3. (3) On receipt of a copy of the Annual Report referred to in sub-section (1), the appropriate Government shall cause a copy of such Report, together with its comments thereon, to be laid before the State Legislature.
4. (4) Notwithstanding the dissolution of the existing University, the Annual Report of the existing University for the year 1969-70 shall be prepared under the directions of the Vice-Chancellor of the Punjab Agricultural University and the Board of that University shall, after consideration of the Annual Report, forward a copy thereof to the appropriate Government.

Any reference to the existing University in any law, other than this Act, or in any contract or other instrument shall be construed,--

1. (a) if such reference relates to any asset or property of the existing University in the State of Haryana, as a reference to the Haryana Agricultural University; and
2. (b) in any other case, as a reference to the Punjab Agricultural University.

Any obligation incurred, before the commencement of this Act, by the existing University to confer any degree or other academic distinction on, or to issue any diploma or other certificate to, any person or to grant any copy of any degree, diploma, certificate, marks-sheet or other document to any person shall, on such commencement, be the obligation of the Punjab Agricultural University.

In consideration of the maintenance, by the Punjab Agricultural University, of a campus at Palampur, the Government of the Union territory of Himachal Pradesh shall bear a portion of the cost of the Punjab Agricultural University and the quantum of such cost shall be determined by the Central Government having regard to the benefit derived by that Union territory.

1. (1) If any dispute arises by reason of the dissolution of the existing University, such dispute shall be resolved in the first instance by the Vice-Chancellors of the corresponding Universities and in the event of the failure of such Vice-Chancellors to arrive at an agreed solution with regard to any such dispute, the matter shall be referred to the Secretary to the Government of India in the Ministry dealing with Agriculture and the decision thereon of such Secretary shall be final.
2. (2) If, on the establishment of a University in the Union territory of Himachal Pradesh, any dispute arises with regard to the transfer of assets or liabilities pertaining to the Agricultural College at Palampur or the research, training and extension centres, or property, of the Punjab Agricultural University located in the said Union territory or with regard to the transfer of the officers or other employees of such College or centres to the University established in the Union territory of Himachal Pradesh, such dispute shall be resolved in the first instance by the Vice-Chancellor of the Punjab Agricultural University and the Chief Secretary to the Government of the Union territory of Himachal Pradesh and in the event of their failure to arrive at an agreed solution with regard to any such dispute, the matter shall be referred to the Secretary to the Government of India in the Ministry dealing with Agriculture and the decision thereon of such Secretary shall be final.

If any difficulty arises in giving effect to the provisions of this Act, the President may, by order, do anything, not inconsistent with such provisions, which appears to him to be necessary or expedient for the purpose of removing the difficulty: Provided that no such power shall be exercised after the expiry of the period of two years from the commencement of this Act.

1. (1) The Punjab Agricultural University Act, 1961 (Punjab Act 32 of 1961), is hereby repealed.
2. (2) The provisions of the General Clauses Act, 1897 (10 of 1897), shall apply to the repeal of the said Act as if the said Act were a Central Act.
3. (3) The Haryana and Punjab Agricultural Universities Ordinance, 1970 (1 of 1970), is hereby repealed.
4. (4) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.