The SHER-I-KASHMIR UNIVERSITIES OF AGRICULTURAL SCIENCES AND TECHNOLOGY ACT, 1982
Jammu and Kashmir · state statute
Open in Lexace · Ask the AI about this actSHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL SCIENCES AND TECHNOLOGY ACT, 1982 (Act No. VII of 1982) SHER-I-KASHMIR UNIVERSITIES OF AGRICULTURAL SCIENCES AND TECHNOLOGY ACT, 1982 (Act No. VII of 1982) CONTENTS SECTION. CHAPTER-I Preliminary 1. Short title, extent and commencement. 2. Definitions. CHAPTER-II The University 3. Establishment and incorporation of the University. 4. Territorial Jurisdiction. 5. Objects of the University . 6. Functions and powers of the University. 7. University open to all. 8. Visitation and Inspection. CHAPTER III Authorities of the University 9. Authorities of the University. 10. University Council. 11. Powers and functions of the University Council. 12. Board of Management. 13. Power and duties of the Board. 14. Academic Council. SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL 25SCIENCES AND TECHNOLOGY ACT, 1982 26 SHER-I-KASHMIR UNIVERSITY OF AGRICULTURALSCIENCES AND TECHNOLOGY ACT, 1982 SECTION. 15. Power and functions of the Academic Council. 16. Research Council and its functions. 17. The Extension Education Council and its functions. 18. Faculties. 19. Constitution of Committees. 20. Provisions in relation to membership of Authorities. 21. Validity and protection of Act. CHAPTER IV Officers of the University 22. Officers. 23. The Chancellor. 24. Pro-Chancellor. 25. The Vice-Chancellor. 26. Powers and duties of the Vice-Chancellor. 27. Other officers of the University–– general terms and conditions. 28. Directors, Dean, Registrars, Comptroller etc. CHAPTER V Resident instruction, Research and Extension Education 29. Resident Instruction. 30. Research. 31. Extension Education. 32. Co-ordination of Teaching, Research and Extension Education, Integration of functions and curicula and of Services. CHAPTER VI SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL 27SCIENCES AND TECHNOLOGY ACT, 1982 Funds and Accounts 33. The University Funds. 34. Management of Funds 35. Accounts and Audit. 36. Provident Fund. Pension and Insurances. 37. Government Grants. 38. Finance Committee CHAPTER VII Statutes and Regulations 39. Statutes. 40. Statutes how made. 41. Regulations. CHAPTER VIII Miscellaneous. 42. Residence of Students. 43. Annual Report. 44. Delegation of powers. 45. Constitution of Ad hoc committees. 46. Disputes as to constitution of Authorities or Bodies. 47. Legal proceedings. 48. Appointment to posts in connection with the affairs of the University. 49. Extraordinary powers of the first Vice-Chancellor. 50. Transitional provisions. 50-A. Removal of difficulties. 50-B. Continuance of the existing Statues and Regulations. SECTION. 28 SHER-I-KASHMIR UNIVERSITY OF AGRICULTURALSCIENCES AND TECHNOLOGY ACT, 1982 50-C. Continuance of service of the existing employees and their allocation. 50-D. Inter-University transfers. 50-E. Assets and liabilities. 50-F. Legal proceedings. 51. Removal of difficulties. 52. Repeal. ––––––– SECTION. SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL 29SCIENCES AND TECHNOLOGY ACT, 1982 1SHER-I-KASHMIR UNIVERSITIES OF AGRICULTURAL SCIENCES AND TECHNOLOGY ACT, 1982 (Act No. VII of 1982) [Received the assent of the Governor on 16th April, 1982 and published in the Government Gazette dated 17th April, 1982]. 1[An Act to provide for the establishment and incorporation of the Sher-i-Kashmir Universities of Agricultural Sciences and Technology in the 2[Union territory of Jammu and Kashmir].] Be it enacted by the Jammu and Kashmir State Legislature in the Thirty- third Year of the Republic of India as follows :— CHAPTER-I Preliminary. 1. Short title, extent and commencement.—This Act may be called 1Sher-i-Kashmir Universities of Agricultural Sciences and Technology Act, 1982. (2) It shall extend to the whole of the 2[Union territory of Jammu and Kashmir]. 3[(3) It shall come into force on such date as the Government may by notification in the 4[Government Gazette] appoint.] 2. Definitions.—In this Act and all Statutes and Regulations made thereunder, unless the context otherwise requires— (l) “Academic Council” means the Academic Council of the University ; (2) “Agriculture” includes the basic and applied Sciences of— (a) Soil and Water Management ; (b) Crop improvement and production including cultivation of herbs and medicinal plants ; 1. Substituted by Act IV of 1983 s. 2. 2. Construed for “State of Jammu and Kashmir” by S.O. 3912(E) dated 30.10.2019. 3. Enforced vide SRO-306 dated 27-07-1982 w.e.f. 1st August, 1982. 4. Now Official Gazette. 30 SHER-I-KASHMIR UNIVERSITY OF AGRICULTURALSCIENCES AND TECHNOLOGY ACT, 1982 (c) Horticulture, Pomology, Olericulture and Floriculture ; (d) Animal Husbandry, Sheep and Poultry Husbandry, Veterinary and Dairy Sciences and Animal Products Technology ; ( e) Fisheries ; (f) Forestry, farm forestry, forest management and silviculture ; (g) Agriculture Engineering and Technology ; (h) Post-harvest technology including processing and marketing ; (i) Land use management ; (g) Sericulture including mulberry culture ; (k) Apiculture ; (l) Basic Sciences and Humanities in relation to Agriculture and Animal Sciences ; and (m) subject pertaining to Agricultural Technology ; (3) “Board” means the Board of Management of the University ; (4) “Chancellor” means the Chancellor of the University ; (5) “Comptroller” means the Comptroller of the University ; (6) “Department” means the Department of the Division ; (7) “Division” means the Division of the University comprising a number of Departments ; (8) “Dean” means the Dean of the faculty including the faculty of post- graduate studies ; (9) “Director” means the Director of Resident Instruction, Director of Research and Director of Extension Education ; (10) “Extensions Education” means the Educational activities concerned with the training of Farmers and other groups serving SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL31S CIENCES AND TECHNOLOGY ACT, 1982 Agriculture Animal Husbandry and allied activities, in improved Agriculture Practices and the training of workers required for the conduct of these educational activities or for scientific technology related to Agriculture in broader sense and includes endeavour to work through meetings demonstrations, publications and other methods for making useful information available to farmers and the training of workers required for the conduct of these educational activities ; (11) “Extension Education Council” means the Extension Education Council of the University ; (12) “Faculty” means faculty of the University ; (13) “Head” means the Head of the division of the University ; (14) “Hostel” means the place of residence for the students of the University maintained or recognized by the University as a part or separate from a University campus ; (15) “Officer” means the Officer of the University as specified in section 22 or any other person in employment of the University designated as officer by the statutes ; (16) “Prescribed” means prescribed by the Statutes or Regulations made by the University under this Act ; (17) “Pro-Chancellor” mean the Pro-Chancellor of the University ; (18) “Research Council” means the Research Council of the University ; (19) “Registrar” means the Registrar of the University ; (20) “Student of the University” means the persons enrolled in the University for taking a course of study for a degree, diploma or other academic distinction duly instituted ; (21) “Teacher” means a person appointed or recognized by the University for the purpose of imparting instruction or conducting and guiding research or extension education programme and includes the person who may be declared by the Statutes or regulations to be a teacher ; 32 SHER-I-KASHMIR UNIVERSITY OF AGRICULTURALSCIENCES AND TECHNOLOGY ACT, 1982 (22) 1[“University” means Sher-i-Kashmir Universities of Agricultural Sciences and Technology established and incorporated under section 3 of the Act in Kashmir and Jammu Divisions and the word “University” wherever accruing in the Act shall be construed accordingly] ; (23) “University Council” means the University Council of the University ; (24) “Vice-Chancellor” means the Vice-Chancellor of the University. CHAPTER-II The University 1[3. Establishment and incorporation of the Universities. —(1) There shall be two Universities in the 2[Union territory of Jammu and Kashmir], one in Kashmir Division and the other in the Jammu Division, each having jurisdiction extending to its respective Division of the territories of the 2[Union territory of Jammu and Kashmir]. (2) The University in the Kashmir Division shall be known as the “Sher- i-Kashmir University of Agricultural Sciences and Technology of Kashmir” and the University in the Jammu Division shall be known as the “Sher-i-Kashmir University of Agricultural Sciences and Technology of Jammu”. (3) The Sher-i-Kashmir University of Agricultural Sciences and Technology of Kashmir and the Sher-i-Kashmir Agricultural University of Sciences and Technology of Jammu shall be corporate bodies known by the names of the “Sher-i-Kashmir University of Agricultural Sciences and Technology of Kashmir” and the “Sher-i-Kashmir University of Agricultural Sciences and Technology of Jammu”, each having perpetual succession and a common seal with power to acquire and hold property, movable and immovable, to transfer the same, to contract and to do all other things necessary for the purpose of its constitution and may sue or be sued by its corporate name as aforesaid. (4) The University shall consist of the Chancellor, the Pro-Chancellor the Vice-Chancellor, Members of University Council, Board of Management, Academic Council and other authorized officers as provided in this Act. (5) (a) The Headquarters of the University shall be at a place to be approved by the Government. 1. Substituted by Act VIII of 1998. 2. Substituted by S.O. 1229(E) dated 31.03.2020. SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL 33SCIENCES AND TECHNOLOGY ACT, 1982 (b) The University may establish regional research and experiment stations and sub-stations in its respective Division representing different agro- climatic conditions and needs.] 4. Territorial Jurisdiction. —(1) With respect to the reaching, research and extension education in the field of Agriculture, the territorial jurisdiction and the responsibility 1[of each University having jurisdiction extended to its respective Divisions]. (2) 1[Each University] may assume responsibility for the maintenance of Agriculture, Animal Husbandry, Fishery, Sericulture, and Forestry Training/ Educational Centres and research and experimental stations and for the programme of training of field extension of such and for the establishment, development and operation of such centres as may be required 1[within their respective jurisdiction]. (3) All colleges, researches and experimental or sub-stations coming under the jurisdiction and the authority of 2[each University shall come in as constituent units of 1[each University] under the full management and control of 1[each University] Officers and authorities and no unit shall be recognized as an affiliated unit. (4) Notwithstanding anything contained in this Act or in any other law for the time being in force, no educational institution outside the 3[Union territory of Jammu and Kashmir] territories shall be associated with or admitted to any privilege of 1[the Universities under the Act] nor shall any educational institution imparting instruction in agriculture within the 3[Union territory of Jammu and Kashmir] be associated in any way with or be admitted to any privilege of any other University incorporated by the law outside the 3[Union territory of Jammu and Kashmir]. (5) 1[Each University] shall have exclusive authority within its territorial jurisdiction] to provide for teaching, research and extension education in Agriculture and notwithstanding anything contained in any other law relating to the incorporation of any other University in the 3[Union territory of Jammu and Kashmir], no University shall be competent to provide for teaching research and extension education in Agriculture in the 3[Union territory of Jammu and Kashmir]. (6) No University other than 1[the Universities established under the this Act] shall be competent to award any degree in Agriculture in the 3[Union 1. Substituted by Act VIII of 1998. 2. Substituted by Act IV of 1983, s. 2. 3. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”. 34 SHER-I-KASHMIR UNIVERSITY OF AGRICULTURALSCIENCES AND TECHNOLOGY ACT, 1982 territory of Jammu and Kashmir] unless registered for such degree 1[before the establishment of Universities under this Act]. (7) 1[Each University] may have collaboration in research projects having multi-disciplinary approach and academic programmes with other Universities or reputed institutes. 5. Objects of the University.— The objects of the University, among others shall be— (1) imparting education in Agriculture and other allied branches of learning and scholarship ; (2) furthering the advancement of learning and prosecution of research in Agriculture, Animal Husbandry and other allied branches with particular emphasis on temperature and cold desert Agriculture ; (3) undertaking the extension education of such science for the benefit of the rural people of the 2[Union territory of Jammu and Kashmir] ; and (4) such other purposes as the University may from time to time determine. 6. Functions and powers of the University.— The University shall have the following powers and functions namely :— (1) to provide for under-graduate and post-graduate instruction in Agriculture and other allied branches of learning and scholarship as the University may deem fit ; (2) to provide for conduct of research in Agriculture and allied branches of learning ; (3) to provide for dissemination of the findings of research and technical information through Extension Education Programme ; (4) to institute courses of studies and hold examinations and confer degrees, diplomas, certificates and other academic distinctions on person who have pursued prescribed courses of study or research 1. Substituted by Act VIII of 1998. 2. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”. SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL 35SCIENCES AND TECHNOLOGY ACT, 1982 or both in the University including part courses and/or research carried out in any other University or recognized institutes for the purposes of which facilities are not available at the University ; (5) to confer honorary degrees and other distinctions as may be prescribed ; (6) to provide training lectures, practicals, demonstration for fieled workers, farmers and other persons not enrolled as regular students in the University ; (7) to co-operate with other Universities, Institutions and Authorities, in such manner and for such purposes as the University may determine subject to the provisions of section 4 ; (8) to take over and maintain colleges, hostels, laboratories, libraries, research stations and farms and museums, related to Agriculture, Animal Husbandry and other allied branches for teaching research and extension education ; (9) to institute teaching, record, research and extension education posts required by the University and to appoint persons to such posts ; (10) to create administrative, ministerial and other posts and to appoint person to such posts ; (11) to determine qualifications for teachers and to recognize persons as qualified to give instructions or to carry out researches and extension education in Agriculture ; (12) to institute and award fellowships, scholarships, stipends and prizes in accordance with the Statutes ; (13) to fix, demand and receive such fees and other charges as may be prescribed ; (14) to surprise and control the residential accommodation and to regulate the discipline of the students of the University and to make arrangements for their welfare ; (15) without prejudice to the aforesaid powers and functions the University shall be competent to take any action or do anything, not inconsistent with the provisions of this Act, which may be 36 SHER-I-KASHMIR UNIVERSITY OF AGRICULTURALSCIENCES AND TECHNOLOGY ACT, 1982 necessary for the furtherance of all or any of the objects of the University. 7. University open to all. —(1) The University shall, subject to the provisions of this Act, and the Statutes, be open to all persons of either sex and of whatever race, creed or class : Provided that nothing in this section shall— (a) require the University to admit to any course of study any person who does not meet the prescribed conditions and academic standards for admission or to retain on the rolls of the University persons, whose academic records are below the minimum standards as required for the award of a degree or whose personal conduct is such as to be prejudicial to the purpose of the University or to the rights and privileges of other students and staff ; (b) be deemed to require the University to admit to any course or study a number of students larger than the number determined by the Academic Council. (2) Subject to the provisions of sub-section (1), the University shall reserve seats for socially and educationally backward classes and farmer’s ward in accordance with such principles as may, from time to time be determined by the Government in this behalf : Provided that no such person shall be admitted to the University unless he meets the standards laid down by the University in respect of such candidates. 8. Visitation and Inspection. —(1) The Chancellor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University its buildings, laboratories and equipment and of any constituent units of the University and may cause an inquiry to be made in the like manner of any matter connected with the University. (2) The Chancellor shall in every case give notice to the University of his intention to cause an inspection or inquiry proposed to be made and the University shall be entitled to appoint a representative who shall have the right to be present and heard at such inspection or inquiry. (3) The Chancellor may address the Vice-Chancellor with reference to the result of such inspection and inquiry and the Vice-Chancellor shall place the same before the Board, if necessary, with such advice as the Vice-Chancellor may offer upon the action to be taken thereon. SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL 37SCIENCES AND TECHNOLOGY ACT, 1982 (4) The Vice-Chancellor shall then within such time as the Chancellor may fix, submit to him a report of the action taken or proposed to be taken by the Board. (5) If the Board does not, within a reasonable time, take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation which the Board may furnish, issue such directions in consultation with the Vice-Chancellor as he may think fit and the Board shall comply with such directions. (6) Notwithstanding anything contained in the preceding sub-sections of this section, if at any time the Chancellor is of the opinion that in any manner the affairs of the University are not managed in furtherance of the objections of the University or in accordance with the provisions of this Act and the statutes and regulations or the special measures desirable to maintain the standard of University teaching, examination, research, or extension education, he may indicate to the University any matter in regard to which it desires an explanation and call upon the University to offer such explanation within such time as may be specified by the Chancellor. If the University fails to offer any explanation within the time specified or offer an explanation which in the opinion of the Chancellor is unsatisfactory the Chancellor may issue such instructions as appear to him necessary and desirable in the circumstances of the case and may exercise such powers as may be necessary for giving effect to these instructions. (7) The University shall furnish such information relating in the administration of the University as the Chancellor may require. CHAPTER III Authorities of the University 9. Authorities of the University.—The following shall be the authorities of the University, namely :— (1) The University Council ; (2) The Board of Management ; (3) The Academic Council ; (4) The Research Council ; (5) The Extension Education Council ; 38 SHER-I-KASHMIR UNIVERSITY OF AGRICULTURALSCIENCES AND TECHNOLOGY ACT, 1982 (6) The Faculties including Post-graduate studies and their Board of Studies ; (7) Such other bodies of University as may be declared by the Statutes to be the authorities of the University ; 10. University Council. —(1) 1[Each University shall have] a University Council consisting of the following members,— (i) The Chancellor ; (ii) The Pro-Chancellor ; (iii) Agriculture Minister, 2[Union territory of Jammu and Kashmir] ; 3[(iv) The Vice-Chancellor of the University concerned ; (iv-a) The Vice-Chancellor of the other University established under the provisions for this Act] ; (v) A nominee of the Government ; (vi) The Council may co-opt not more than two specialists as members to advise on particular matter under consideration. (2) The Chancellor shall preside over the meetings of the University Council when present. In his absence the Pro-Chancellor shall preside. In case Pro-Chancellor be not available, the Agriculture Minister shall preside. (3) The University Council shall meet twice a year. However, a special meeting of the Council may be convened whenever considered necessary. 4[11. Powers and functions of the University Council.— Subject to the provisions of this Act and the statutes made thereunder, the University Council shall— (a) review the policies and programmes of the University and advise in regard to its future plans, development and expansion ; (b) consider any matter referred to it by the Board of Management ; 1. Substituted by Act No. VIII of 1998 w.e.f. 20-9-1999. 2. Construed for “Jammu and Kashmir State” by S.O. 3912(E) dated 30.10.2019. 3. Substituted by Act No. X of 2002 , s. 2. 4. Section 11 substituted by Act XVII of 1985, s. 2. SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL 39SCIENCES AND TECHNOLOGY ACT, 1982 (c) examine the annual account and annual audit report ; (d) consider and pass resolution on the annual report of the University.] 1[12. Board of Management.— The Chancellor shall constitute the Board of Management which shall consist of the following :— (i) the Vice-Chancellor ; (ii) the Planning Commissioner, Jammu and Kashmir Government ; (iii) Commissioner/Secretary, Finance Department, Jammu and Kashmir Government ; (iv) Commissioner/Secretary, Agriculture Production Department, Jammu and Kashmir Government ; (v) one representative of ICAR ; (vi) two eminent agriculture/veterinary scientists to be nominated by the Chancellor ; (vii) one progressive farmer to be nominated by the Chancellor ; (viii) one agro-industrialist to be nominated by the Chancellor ; and (ix) three Directors/Deans in the University to be nominated by the Vice-Chancellor.] 13. Power and duties of the Board. —(1) Subject to the provisions of this Act and the Statutes, the Board shall be the Chief Executive Body of the University and shall manage and supervise the properties and activities of the University and shall be responsible for the conduct of all administrative affairs of the University not otherwise provided for in this Act. (2) Without prejudice to the generality of the foregoing powers the Board shall exercise and perform the following powers and functions, namely :— 2[(a) to consider and approve the financial estimates and the budget of the University ;] (b) to hold and control the property and the funds of the University and issue any general directive on behalf of the University ; 1. Section 12 substituted by Act XVII of 1985, s.2. 2. Clause (a) substituted ibid. 40 SHER-I-KASHMIR UNIVERSITY OF AGRICULTURALSCIENCES AND TECHNOLOGY ACT, 1982 (c) to accept or transfer any property on behalf of the University ; (d) to administer funds placed at the disposal of the University for the purpose intended ; (e) to arrange for the investment and withdrawal of the funds of the University ; 1[(f) to borrow money for capital investment with prior approval of the *[State Government] and make suitable arrangements for its repayment ; (g) to accept on behalf of the University trusts, bequests and donations ; (h) to consider and approve the recommendations of the Academic, Research and Extension Education Councils where required ; (i) to direct the form and use of the common seal of the University; (j) to appoint such committees and bodies as it may deem necessary and set down the terms of reference thereof in accordance with the provisions of this Act and the Statutes ; (k) to recommend to the University Council establishment of a new Department, Division or Research Station/sub-division or abolition of anyone thereof or otherwise re-constitution of Department/ Divisions or Research Stations on the recommendation of the Academic Council ; (l) to recommend to the University Council establishment of a new faculty, amalgamation of two or more faculties into a single faculty or abolition of a faculty or reconstitution of any of the existing faculties on the recommendation of the Academic Council ; (m) to confer and distribute the degrees, diplomas and such other educational certificates as may be prescribed by the Statute ; 2[(n) to approve the recommendations for appointment of officers of the University and teachers, employees of the rank of Associate Professors and above in the prescribed manner.] 14. Academic Council.—(1) 3[Each University shall have] an Academic Council which shall consist of the following members, namely :— 1. Clause (f) substituted by Act XVII of 1985, s.4. 2. Clause (n) added ibid. 3. Substituted by Act No. VIII of 1998 w.e.f. 20-9-1999. * Now Government of Union territory of Jammu and Kashmir. SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL 41SCIENCES AND TECHNOLOGY ACT, 1982 (i) The Vice-Chancellor, Ex-officio Chairman ; (ii) Director Resident Instruction ; (iii) Director Research ; (iv) Director Extension Education ; (v) Deans of the Faculties ; (vi) Heads of Divisions/Regional Research Station/Colleges/Institutes ; (vii) One teacher from each Faculty to be nominated by the Vice- Chancellor ; (viii) One Professor having special knowledge or practical experience in respect of the subjects basic to Agriculture, Veterinary Science and other allied Sciences from each of the Universities of the 1[Union territory of Jammu and Kashmir] ; (ix) University Librarian ; (x) Registrar, ex-officio Secretary ; 2[(xi) Project Planning and Monitoring Officer ; (xii) One Post-graduate student (Ph.D) on the basis of academic merit to be nominated by the Vice-Chancellor on rotation.] (2) The Academic Council shall have the power to co-opt as members not more than two persons who have special knowledge or practical experience in respect of subject matter of any particular business which may come before the Council for consideration and the members so co-opted shall have the right to participate in the proceedings of the Council but shall have no right to vote. (3) All members of the Academic Council other than the ex-officio members and members referred in sub-section (2) shall hold office for a term prescribed by the Statutes. (4) One-half of the members of the Academic Council shall form quorum at a meeting of the Council : 3[x x x x]. 1. Substituted for “State” by S.O. 1229(E) dated 31.03.2020. 2. Clauses (xi) and (xii) added by Act XVII of 1985, s. 4. 3. Proviso omitted by S.O. 1229(E) dated 31.03.2020. 42 SHER-I-KASHMIR UNIVERSITY OF AGRICULTURALSCIENCES AND TECHNOLOGY ACT, 1982 (5) Normally the Academic Council shall meet once in every four months on such dates as may be fixed by the Vice-Chancellor. However, special meeting of the Academic Council can be called by the Vice-Chancellor. 15. Power and functions of the Academic Council. —(1) The Academic Council shall, subject to the provisions of this Act and Statutes, have general control on teaching and other programmes of Resident Instructions within the University and shall be responsible for the maintenance and standard thereof. 1[(2) The Academic Council shall have the power to make regulations consistent with this Act and the Statutes relating to all academic matters. Regulations made, amended or repealed shall be referred to the Chancellor, through Board of Management, as soon as they are passed and Chancellor may within a period not exceeding four weeks, annul any of these regulations after giving due notice and opportunity for any explanation. The decision of the Chancellor shall be final.] (3) In particular and without prejudice to the generality of the foregoing power, Academic Council shall have power— (i) to advise the Board on all academic matters including the control and management of libraries ; (ii) to make recommendations for the institution of Professorship, Associated Professorship, Assistant Professorship and other teaching posts including posts in research and extension education and in regard to the duties thereof ; (iii) to make recommendations regarding the constitution or reconstruction of divisions/departments/faculties of teaching, research and extension education ; (iv) to make regulations on Resident Instruction regarding admission of' the students to the University, Courses of the study leading to degrees, diplomas and certificates, conduct of examination and award of degrees, diplomas, award of scholarship/stipend fellowship to the students and rules for library, hostel and discipline ; (v) to make recommendations to the Board regarding qualifications to be prescribed for teachers in the University ; (vi) to advise the Vice-Chancellor on all matters relating to the control and management of Libraries ; 1. Sub-section (2) substituted by Act XVII of 1985, s. 6. SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL 43SCIENCES AND TECHNOLOGY ACT, 1982 (vii) to recommend to the Board the conferment of honorary degrees ; (viii) to make provisions regarding the post-graduate teaching, research and extension education ; (ix) to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under the provisions of this Act and the Statues. 16. Research Council and its functions.—(1) 1[Each University shall have] a Research Council consisting of the following members, namely :— (i) The Vice-Chancellor, Ex-Officio Chairman ; (ii) The Director Agriculture ; (iii) The Director Horticulture ; (iv) The Director Sheep Husbandry ; (v) The Director Animal Husbandry ; (vi) The Chief Conservator of Forests ; (vii) The Director of Fisheries ; (viii) All the Directors of the University (Director Research will act as Member-Secretary) ; (ix) All Deans of the Faculties ; (x) All Heads of the Divisions/Regional Research Stations/College ; (xi) Two Scientists of eminence from outside to be nominated for particular meetings by the Vice-Chancellor for their specialized knowledge of subject or subjects on the agenda of the meeting ; 2[(xii) Project Planning and Monitoring Officer.] 3[Explanation.––For purpose of the clauses (ii) to (viii), reference to the mem- bers shall be deemed as reference to member having juris- diction in the concerned Divisions.] (2) The Research Council shall consider and make recommendations in respect of— 1. Substituted by Act VIII of 1998. 2. Substituted by Act XVII of 1985. 3. Explanation added by Act VIII of 1998. 44 SHER-I-KASHMIR UNIVERSITY OF AGRICULTURALSCIENCES AND TECHNOLOGY ACT, 1982 (a) research programmes and projects undertaken or to be undertaken by the various University units in the 1[Union territory of Jammu and Kashmir] in the field of agriculture, Veterinary Science and Animal Husbandry and other allied Sciences with a view to promoting effective co-ordination ; (b) physical, fiscal and administrative facilities required for implementing research project ; (c) orienting research to meet farmer’s needs ; (d) integration of research extension education and teaching and participation of research workers in teaching and extension education programme ; (e) any other matter pertaining to research programmes which may be referred to by the Vice-Chancellor of the Board or any other authority of the University. 17. The Extension Education Council and its functions. —(1) 2[Each University shall have] an Extension Education Council consisting of the following members :— (i) Vice-Chancellor, Ex-officio Chairman ; (ii) Agriculture Production Commissioner ; (iii) Director of Agriculture ; (iv) Director Horticulture ; (v) Director Animal Husbandry ; (vi) Chief Conservator of Forests ; (vii) Director Sheep Husbandry ; (viii) Director Fisheries ; (ix) All Directors of University (Director Extension Education will act as a Member-Secretary) ; (x) All Deans of the Faculties ; 1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”. 2. Substituted by Act VIII of 1998. SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL 45SCIENCES AND TECHNOLOGY ACT, 1982 (xi) All Heads of the Divisions/Regional Research Stations/Colleges ; (xii) Two eminent persons in the field of Extension Education from outside nominated by the Vice-Chancellor for any particular meeting in accordance with the requirement of tile agenda ; (xiii) Three farmers having specialization in general Agriculture, Horticulture, Animal Husbandry and other allied branches to be nominated by the Vice-Chancellor for their specialized knowledge and experience ; (xiv) One representative each of the under mentioned organization as per request of the Vice-chancellor :— (a) Community/Rural Development Department ; (b) Co-operative Department ; (c) State Agro-Industries Development Corporation ; (d) Irrigation Department ; (e) Fertilizer Corporation of India ; (f) National Seeds Corporation ; (g) Any other Agro-Industries or Agro-Service Organization. 1[Explanation.—For purposes of the clauses (iii) to (viii), reference to the members shall be deemed as reference to a member having jurisdiction in the concerned Division.] (2) The Extension Education Council shall consider and make recommendations in respect of— (a) Extension Education Programme and Projects of the University ; (b) Co-ordination of extension education activities for improvement of Agriculture and Animal Husbandry and allied branches and for the development of Rural Communities ; (c) Development of farmers Education and Training and Advisory Service, identification and resolution of field problems in transmission of informations ; 1. Added by Act VIII of 1998. 46 SHER-I-KASHMIR UNIVERSITY OF AGRICULTURALSCIENCES AND TECHNOLOGY ACT, 1982 (d) Methodology of Extension Education ; (e) Integration of Extension Education with teaching and research in the University and participation of teachers and research workers in Extension Education Programmes ; (f) Any other matter referred to it by the Vice-Chancellor, Board or any other authority of the University. 18. Faculties. —(1) 1[Each University] shall have initially the Faculties of Agriculture, Veterinary Science and Animal Husbandry and Post-graduate Studies and as soon as may be, it shall also have the faculties of Forestry, Basic Science and Humanities and such other faculties as may be prescribed. (2) These faculties shall comprise such division/departments of studies as may be prescribed. (3) Each Faculty shall consist of such members and shall have such powers and perform such duties as may be prescribed. (4) There shall be a Board of Studies of each Faculty, the constitution and powers of which shall be prescribed by the Statutes. 19. Constitution of Committees.— 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 person as it may think fit. 20. Provisions in relation to membership of authorities. —(1) Save as otherwise provided in this Act if any member, other than ex-officio member, of any authority or body of the University is unable by reason of his death, resignation, removal or otherwise to complete, his full term of office the vacancy so caused shall as soon as convenient, be filled by the appointment nomination or co-option as the case may be, and the person so appointed, nominated or co-opted shall fill such vacancy for the un-expired portion of the term for which the member, in whose place such person is appointed, nominated or co-opted would otherwise have continued in office. 2[(2) The Board may remove any person from membership of any authority or body of the University except the University Council on the ground that such person has been convicted of any offence involving moral turpitude or conduct 1. Substituted by Act VIII of 1998. 2. Sub-section (2) of section 20 substituted by Act XVII of 1985, s.8. SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL 47SCIENCES AND TECHNOLOGY ACT, 1982 not befitting the office held by the concerned member with the approval of the Chancellor, except that prior approval of the Chancellor shall not be necessary where such a person has been convicted by a competent Court of Law : Provided that no such order shall be made against any person without giving reasonable opportunity of being heard.] (3) A person who is a member of any authority or body of the University as a representative of another body, whether of the University or not shall cease to be a member of such authority or body, if before the expiry of the term of his membership he ceases to be a member of that other body by which he was appointed or nominated : Provided that he may continue to hold his office till his successor is appointed or nominated, as the case may be. (4) Whether any person becomes a member of any authority or body of the University by virtue of the office held by him, he shall forth with cease to be a member of such authority or body 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. (5) Any member, other than an ex-officio member or any authority or body of the University may resign his office by letter addressed to the Vice- Chancellor and such resignation shall take effect from the date on which the same is accepted by the authority competent to fill the vacancy or on the expiry of three months from the date of the receipt by the Vice-Chancellor, whichever is earlier. 21. Validity and protection of Act. —(1) No act or proceeding of any authority or other 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. (2) 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 or the Statutes or the Regulations. 48 SHER-I-KASHMIR UNIVERSITY OF AGRICULTURALSCIENCES AND TECHNOLOGY ACT, 1982 (3) No suit or other legal proceedings 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 or any Statutes made thereunder. CHAPTER IV 1[Officers of the Universities] 22. Officers.— 1[Each University shall have the following officers, namely] :— (i) The Chancellor ; (ii) The Pro-Chancellor ; (iii) The Vice-Chancellor ; 2[(iv) Omitted] ; (v) The Directors ; (vi) The Deans ; (vii) The Registrar ; (viii) The Comptroller ; (ix) The University Librarian ; (x) The Student's Welfare Office ; (xi) Such other persons in the service of the University as may be declared by the Statutes to be the officers of the University. 23. The Chancellor. —(1) The 3[Lieutenant Governor] of the 4[Union territory of Jammu and Kashmir] of Jammu and Kashmir shall by virtue of his office be the Chancellor of 5[both the Universities.] (2) The Chancellor shall be the Head of the University and shall, when present, preside at the convocation of 5[each University.] 1. Substituted by Act VIII of 1998. 2. Clause (iv) omitted by Act XVII of 1985. 3. Substituted by S.O. 1229(E) dated 31.03.2020 for “Governor”. 4. Substituted ibid for “State”. 5. Substituted by Act VIII of 1998. SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL 49SCIENCES AND TECHNOLOGY ACT, 1982 (3) The Chancellor may by an order in writing annul any order or proceeding of the officer or authority of the University which is not in conformity with this Act and Statutes : Provided that before making any such order he shall call upon the officer or authority concerned to show cause why such an order should not be made and if any cause is shown within the time specified in this behalf, he shall consider the same. (4) The Chancellor shall exercise such other powers and perform such other duties as are conferred on him by this Act or the Statutes. (5) The Chancellor shall preside over the meetings of the University Council. 24. Pro-Chancellor. ––(1) The Chief Minister of the 1[Union territory of Jammu and Kashmir] by virtue of his office shall be the Pro-Chancellor of 2[both the Universities.] (2) The Pro-Chancellor shall, when present, in the absence of the Chancellor, preside at the meetings of the University Council and at the convocations of 2[both the Universities.] (3) The Pro-Chancellor shall exercise such other powers and perform such other duties as are conferred on him by this Act or the Statutes. 25. The Vice-Chancellor. ––3[(1) The Vice-Chancellor shall be a whole- time officer of the University and he shall be appointed by the Chancellor from the panel of eminent agricultural/veterinary scientists drawn by the Selection Committee. The Selection Committee shall consist of the following persons :— (i) Director General, ICAR ; (ii) Chairman, UGC or his nominee ; (iii) Chief Secretary/Additional Chief Secretary, Jammu and Kashmir Government (nominee of the Jammu and Kashmir Government) ; (iv) One nominee of the Chancellor : Provided that one of the members shall be nominated by the Chancellor to act as Convener : 1. Construed for “State of Jammu and Kashmir” by S.O. 3912(E) dated 30.10.2019. 2. Substituted by Act VIII of 1998. 3. Substituted by Act XVII of 1985, s.10. 50 SHER-I-KASHMIR UNIVERSITY OF AGRICULTURALSCIENCES AND TECHNOLOGY ACT, 1982 Provided further that the project Director-cum-Vice-Chancellor (designate) appointed by the Government shall be the first Vice- Chancellor of the University.] 1[(2) The Vice-Chancellor shall hold office for a term of three years with an extension of another two years after evaluation of performance by the Chancellor in the manner as he deems fit or until he attains the age of 65 years, whichever is earlier and the emoluments and other conditions of service of the Vice-Chancellor shall be such as may be prescribed and shall not be varied to his disadvantage after his appointment.] (3) The Vice-Chancellor may relinquish his office by resignation in writing under his hand addressed to the Chancellor which shall be delivered to the Chancellor at least 60 days prior to the date on which the Vice-Chancellor wishes to be relieved from his office, but the Chancellor may relieve him earlier. (4) In the event of a temporary vacancy of the post of Vice-Chancellor or his absence on leave or for any other reason, senior-most Director of the University with the approval of the Chancellor, may perform the routine duties of the Vice-Chancellor but this period shall not exceed six months. (5) The Vice-Chancellor shall not be removed from his office except by order of the Chancellor passed in consultation with the Government on the ground of mis-behaviour or incapacity or if it appears to the Chancellor that the continuance of the Vice-Chancellor in office is detrimental to the interests of the University, after due inquiry by such person who is or has been a Judge of the High Court to be nominated by the Chancellor in consultation with the Government, in which the Vice-Chancellor, shall have an opportunity of making his representation. 26. Powers and duties of the Vice-Chancellor. —(1) The Vice-Chancellor shall be the principal executive and academic officer of the University and ex- officio Chairman of the Board and of the Academic Council and he shall, in the absence of the Chancellor and Pro-Chancellor preside at the convocation of the University and confer degrees on persons entitled to receive them. (2) The Vice-Chancellor shall exercise general control over the affairs of the University and
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