The Mahatma Gandhi Udyanikee Evam Vanikee Vishwavidyalaya Adhiniyam, 2019
Chapter VIII SUPPLEMENTARY PROVISIONS
Chapter VIII SUPPLEMENTARY PROVISIONS
43. Disputes as to constitution of University Authorities and Bodies
Disputes as to constitution of University Authorities and Bodies. If any question arises regarding the interpretation of any provisions of this Act or any Statute, or Regulation or as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University the matter shall be referred to the chancellor whose decision thereon shall be final: Provided that before taking any such decision the chancellor shall give the person or persons to be affected there by a reasonable opportunity of being heard.
Chapter VIII SUPPLEMENTARY PROVISIONS
44. Explanation - In this section, the expression "body" includes any committee constituted by or under this Act.
Constitution of committees Constitution of committees. Where any authority of the University is given power by this Act or the Statutes to appoint Committees, such committees shall, save as otherwise provided, consist of members of the authority concern and of such other persons, if any as the authority in each case may think fit.
Chapter VIII SUPPLEMENTARY PROVISIONS
45. Filling of casual vacancies
Filling of casual vacancies. Save as otherwise provided in this Act all casual vacancies among the members other than ex-officio members of any authority or other body of the University shall be filled, as soon as convenient, by the person or body who appointed, elected or co-opted the member whose place has become vacant, and the person appointed, elected or co-opted to a casual vacancy shall be member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.
Chapter VIII SUPPLEMENTARY PROVISIONS
46. Vacancy, etc. not to invalidate proceedings
Vacancy, etc. not to invalidate proceedings. No act of the University or any authority or other body thereof shall be invalid merely by reasons of :-
- (a) any vacancy in, or defect in the constitution of ; or
- (b) any defect in the election, nomination or appointment of a person acting as a member thereof ; or
- (c) any irregularity in its procedure not affecting the merits of the case.
Chapter VIII SUPPLEMENTARY PROVISIONS
47. Conditions of service
Conditions of service.
- (1) Every salaried officer and teacher of the University shall be appointed under a written contract which shall be lodged with the Vice-Chancellor and a copy thereof furnished to the officer or teacher concerned.
- (2) No such officer or teacher as is referred to in sub-section
- (1) shall be offered nor shall he accept any remuneration for any work in or outside the university except as may be provided by the Statutes.
- (3) Any dispute arising out of a contract between the University and any of its officers or teachers shall at the request of officers or the teachers concerned or at the instance of the University be referred by the Chancellor to a tribunal for arbitration consisting of one member appointed by the Board, one nominated by the officer or teacher concerned and an umpire appointed by the chancellor, and the decision of the tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the tribunal.
- (4) Every request under sub-section
- (3) shall be deemed to be a submission to arbitration upon the terms of this Section within the meaning of the Arbitration Act, 1996 (No. 26 of 1996) and all the provisions of that Act, with exception of Section 3 thereof, shall apply accordingly.
Chapter VIII SUPPLEMENTARY PROVISIONS
48. Pension and Provident Fund
Pension and Provident Fund.
- (1) The University shall constitute for the benefit of its officers, teachers, clerical staff and employees in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and provident fund as it may deem fit.
- (2) Where any such provident fund has been so constituted, the Chancellor may declare that the provisions of the Provident Fund Act, 1925 (No. 19 of 1925), shall apply to such fund as if it were a Government Provident Fund.
Chapter VIII SUPPLEMENTARY PROVISIONS
49. Protection of acts and orders
Protection of acts and orders. — All acts and orders in good faith done and passed by the University shall be final and no suit shall be instituted or damage claimed for anything done or committed in pursuance of this Act Statutes and Regulations.
Chapter VIII SUPPLEMENTARY PROVISIONS
50. Extraordinary powers of first Vice-Chancellor
Extraordinary powers of first Vice-Chancellor. —
- (1) The first Vice-Chancellor shall, for a period of eighteen months from the date of his appointment or for such shorter period as may be determined by the Chancellor, have the following Powers, namely :-
- (a) with the previous approval of the Chancellor to make additional statutes to provide for any matter not provided for by the first Statutes ;
- (b) with the previous approval of the Chancellor to constitute provisional authorities and bodies and on their recommendations to make rules providing for conduct of the work of the University;
- (c) subject to the control of the Chancellor to make such financial arrangements and to incur such expenditure as may be necessary to enable this Act or any part thereof to be brought into operations;
- (d) with the sanction of the Chancellor, make such appointments as may be necessary to enable this Act or any part thereof to be brought into operation; and
- (e) with the previous sanction of the Chancellor to appoint committees, as he may think fit, to discharge such of his functions, as he may direct; and
- (f) generally to exercise all or any of the powers conferred on the Board by this Act or the Statutes.
- (2) Any orders passed by the vice-chancellor in exercise of the powers conferred by items (b),
- (d) and
- (e) of sub-section
- (1) shall continue to have effect after the expiry of the period specified under sub-section
- (1) until it is modified or set aside by the authority or body competent to deal with it in accordance with the provisions of this Act.
Chapter VIII SUPPLEMENTARY PROVISIONS
51. Appointment of teachers by Board
Appointment of teachers by Board. — No person shall be appointed by the Board as a salaried teacher of the University, except on the recommendations of a selection committee constituted for the purpose in accordance with the provisions of the statutes.
Chapter VIII SUPPLEMENTARY PROVISIONS
52. However, looking to the nature of the work, adhoc appointment can be made for a period not exceeding six months, in any case.
Scales of officers, teachers and other employees Scales of officers, teachers and other employees. — The payment of salaries to the officers, teachers and other employees of the University shall be in accordance with the scales fixed by Statute with prior approval of the State Government.
Chapter VIII SUPPLEMENTARY PROVISIONS
53. Term of office of member of authority of University
Term of office of member of authority of University.
- (1) Whenever any person becomes a member of any authority by virtue of the office held by him he shall forthwith cease to be member of such authority if he ceases to hold such office before the expiry of the term of his membership: Provided that he shall not be deemed to have ceased to hold his office merely by reason of his proceeding on leave for a period not exceeding four months.
- (2) Whenever any person becomes a member of any authority as representative of another body, whether of the University or not, he shall cease to be a member of such authority, if before the expiry of his term he ceases to be a member of the body by which he was nominated, appointed or elected as representative of another body.
Chapter VIII SUPPLEMENTARY PROVISIONS
54. Resignation of member or officer of University
Resignation of member or officer of University.
- (1) Any member other than an ex-officio member of the Board, Academic Council or any other University Authority may resign by letter addressed to the Registrar, and the resignation shall take effect as soon as the letter is received by the Registrar.
- (2) Any officer of the University whether salaried or otherwise, may resign his office by letter addressed to the Registrar. Such resignation shall take effect from the date on which the same is accepted by the authority competent to fill the vacancy or automatically on the expiry of the three months from the date of the receipt of resignation by the Registrar, whichever is earlier.
Chapter VIII SUPPLEMENTARY PROVISIONS
55. Removal from membership of any authority or Board of University
Removal from membership of any authority or Board of University. - The Chancellor may on the request of the Board remove any person from the membership of any authority including the Board, of the University on the ground that such person has been convicted of any offence involving moral turpitude: Provided that no order for removal shall be passed against any person without giving him an opportunity of being heard:
Chapter VIII SUPPLEMENTARY PROVISIONS
56. Provided further that nothing in this section shall apply where the person concerned is a member in his capacity as member of the Legislative Assembly of the State.
Removal of difficulties Removal of difficulties. -
- (1) If any difficulty arises in giving effect to the provisions of this Act the state Government may, by order, published in Gazette make such provision not inconsistent with the provisions of this Act as may appears to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.
- (2) Every order under this section shall be laid as soon as may be after it is made on the table of the Legislative Assembly.
Chapter VIII SUPPLEMENTARY PROVISIONS
57. Transfer of Property and personel
- (1) As from such date as the State Government may, by notification, specify in this behalf all constituent and affiliated colleges of the Indira Gandhi Krishi Vishwa Vidyalya situated in the areas specified in sub-section
- (1) of Section 6 imparting instruction in Horticulture, Forestry or any other allied subjects for bachelor's degree or higher and all research stations within those areas which are operated for carrying out research in Horticulture, Forestry and allied sciences to gather with lands, hostels and other buildings, furniture, library books, laboratories, stores, instruments, apparatus, appliances and equipments and livestock belonging to such colleges and stations and the budget programmed made for them shall be transferred to and vest in the University.
- (2) On and from the date of transfer of any college or research station under sub-section
- (1) the following consequences shall ensue, namely:-
- (a) the employees of the Indira Gandhi Krishi Vishwa Vidyalya:-
- (i) who were working in or were attached to the colleges or research stations described in section 57(i) of this act on the said date; or
- (ii) who but for their temporary absence from such colleges of research stations on account of any cause would have been working in or remained attached thereto on the said date; or
- (iii) who opt for and are permitted by the Board be transferred to the other University within a period of six month; shall become the employees of the University and shall be thereafter be governed by the terms and conditions governing the service under the Mahatma Gandhi Udyanikee Evam Vanikee Vishwavidyalaya: Provided that the terms and condition offered by the University to such employees consequent upon their absorption in the service of the University shall not be less favorable than those applicable to such employees prior to the said date.
- (b) any right, privilege, obligation or liability acquired, accrued or incurred by the Indira Gandhi Krishi Vishwa Vidyalya in respect of the college or research station, as the case may be, shall be deemed to be the right, privilege obligation or liability acquired, accrued or incurred by the University.
- (c) any contract entered into by the Indira Gandhi Krishi Vishwa Vidyalaya in respect of the college or research station, as the case may be, shall be deemed to be contract entered into by the University.
- (a) the employees of the Indira Gandhi Krishi Vishwa Vidyalya:-
- (3) Nothing in this section shall be deemed to authorize the University to sell, lease, exchange, or otherwise dispose of any land or building of any college or research station, transferred to the University under sub-section
- (1) except with the prior concurrence of the State Government.
Chapter VIII SUPPLEMENTARY PROVISIONS
58. Saving
- (1) On and from the commencement of this Adhiniyam, the provisions of the Indira Gandhi Krishi Vishwavidyalaya Adhiniyam, 1987 (No. 20 of 1987) (hereinafter in this section referred as the said Adhiniyam) shall cease to apply in respect of the colleges and the institutions to which this Adhiniyam applies.
- (2) Such cessor shall not affect:-
- (a) the previous operation of the said adhiniyam; or
- (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said adhiniyam; or
- (c) any investigation, legal proceeding or remedy in respect of such penalty forfeiture or punishment and any such investigation legal proceeding or remedy may be instituted, continued or enforced and any such penalty forfeiture or punishment may be imposed as if this Adhiniyam has not been passed.
- (3) Notwithstanding anything contained it sub-section
- (1) all Statutes and Regulations made under the Indira Gandhi Krishi Vishwavidyalaya Adhiniyam 1987 and in force on the appointed day, in so far as they are not inconsistent with the provisions of this Adhiniyam, shall continue to be in force until they are repealed by Statutes and regulations to be made under this Adhiniyam.
PDF: pending for this language.