Himachal Pradesh · 1987 · Act 4
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE AND FORESTRY ACT, 1986
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THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE,
HORTICULTURE AND FORESTRY ACT, 1986
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Incorporation of Universities.
4. Jurisdiction.
5. Objects.
6. Admission to the University.
7. Powers and functions of the University.
8. Visitation and inspection.
8-A Power of State Government to enquire.
9. Constitution of State Council for Education and Research, its
powers and duties.
9-A. Meeting of Council for Education and Research.
10. Authorities.
11. Senate.
12. Board of Management.
13. Powers and functions of the Board.
14. The Academic Council.
15. Powers and functions of the Academic Council.
16. Extension Council.
17. Research Council.
18. Board of Studies.
19. Finance Committee, its powers and duties.
20. Provisions in relation to membership of authorities.
21. Validity and protection of certain acts.
22. Officers of the University.
23. Chancellor.
24. Vice-Chancellor.
25. Powers and duties of Vice-Chancellor.
26. Other officers of the University and their general terms and
conditions.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 2
AND FORESTRY ACT, 1986
27. Deans of colleges.
28. Director of Research.
29. Director of Extension Education.
30. Registrar.
31. Comptroller.
32. Estate Officer.
33. Librarian.
34. Students’ Welfare Officer.
35. Colleges.
36. Experimental stations for research.
37. Research programme.
38. Extension programmes.
39. Appointment of teacher, officers and staff.
39-A. Creation of post etc.`
40. Legal proceedings.
41. Retirement and other conditions of service.
42. Pension and provident fund.
43. Tribunal of arbitration for dispute between University and
staff.
44. Funds and grants.
45. Annual and audit reports.
46. Construction of reference to existing University in any
document etc.
47. Inter-University disputes.
48. Delegation of powers.
49. Constitution of ad-hoc committees.
50. Disputes as to constitution of University authorities and
bodies.
51. Transitory provisions.
52. Removal of difficulties.
53. Statutes.
54. Statutes how made.
55. Regulations.
56. Repeal and savings.
SCHEDULE
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 3
AND FORESTRY ACT, 1986
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE,
HORTICULTURE AND FORESTRY ACT, 1986
(ACT NO. 4 OF 1987)
1
(Received the assent of the Governor, Himachal Pradesh, on the 6
th
February, 1987 and was published both in Hindi and English in the Rajpatra,
Himachal Pradesh (Extra-ordinary), dated 10
th
February, 1987, pp. 269-328).
An Act to make suitable provisions for enforcing uniform standards of
teaching, research and extension in the fields of agriculture,
horticulture and forestry in the two Universities of Himachal
Pradesh namely the
2
[Chaudhary Sarwan Kumar Himachal
Pradesh Krishi Vishvavidyalaya] at Palampur and Dr. Yashwant
Singh Parmar University of Horticulture and Forestry at Solan,
as also, for having uniformity in financial arrangements and in
service conditions of the employees in the said Universities.
Amended, repealed or effected by:-
(i) H.P. Act No. 23 of 1987
3
, assented to by the Governor on the
26
th
September, 1987, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 3
rd
October, 1987, pp. 1963-1965.
(ii) H.P. Act No. 16 of 1989
4
, assented to by the Governor on the
23
rd
June, 1989, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 27
th
June,
1989, pp. 1504-1506.
(iii) H.P. Act No. 14 of 1992
5
, assented to by the Governor on the
15
th
June, 1992, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 16
th
June,
1992, pp. 2187-2190.
1
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 1
st
December, 1986, pp. 2129 and 2159.
2
. The words “Chaudhary Sarwan Kumar Krishi Vishvavidyalaya” substituted for
the words “Himachal Pradesh Kishi Vishvavidyala” vide H.P. Act No. 24 of 2000,
again substituted for the words “Chaudhary Sarwan Kumar Krishi
Vishvavidyalaya” vide H.P. Act No. 10 of 2001.
3
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 10
th
September, 1987, pp. 1704 and 1706.
4
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 20
th
April, 1989, pp. 900 and 902.
5
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 28
th
March, 1992, pp. 1762.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 4
AND FORESTRY ACT, 1986
(iv) H.P. Act No. 3 of 1994
1
, assented to by the Governor on the
12
th
April, 1994, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 12
th
April, 1994, pp. 767-770, effective from 5
th
February, 1994.
(v) H.P. Act No. 18 of 1998
2
, assented to by the Governor on the
8
th
August, 1998, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 11
th
September, 1998, pp. 3347-3350.
(vi) H.P. Act No. 24 of 2000
3
, assented to by the Governor on the
23
rd
October, 2000, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 30
th
October, 2000, pp. 3565-3568.
(vii) H.P. Act No. 10 of 2001
4
, assented to by the Governor on the
14
th
May, 2001, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 17
th
May,
2001, pp. 449-452.
(viii) H.P. Act No. 7 of 2005
5
, assented to by the Governor on the
27
th
January, 2005, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 28
th
January, 2005, pp. 3587-3596.
(ix) H.P. Act No. 22 of 2005
6
, assented to by the Governor on the
3
rd
September, 2005, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 6
th
September, 2005, pp. 2915-2920.
1
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 15
th
March, 1994, pp. 290 and 292.
2
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 24
th
July,
1998, pp. 2736 and 2739.
3
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 17
th
August, 2000, pp. 2514 and 2516.
4
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 4
th
April,
2001, pp. 8 and 11.
5
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 20
th
December, 2004, pp. 2812-2813 and 2819-2820.
6
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 9
th
August, 2005, pp. 2279 and 2284.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 5
AND FORESTRY ACT, 1986
(x). H.P. Act No. 21 of 2006
1
, assented to by the Governor on the
10
th
October, 2006, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 12
th
October, 2006, 5255-5258.
(xi) H.P. Act No. 10 of 2014
2
, assented to by the Governor on the
15
th
March, 2014, published both in Hindi and English in the
Rajpatra, Himachal Pradesh dated 20
th
March, 2014, pp.
7514-7515.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Thirty seventh Year of the Republic of India, as follows:-
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Universities of Agriculture, Horticulture and
Forestry Act, 1986.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come into force on such date as the State Government
may, by notification
3
in the Official Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "Academic Council" means the Academic Council of the
University;
(b) "Act" means the Himachal Pradesh Universities of
Agriculture, Horticulture and Forestry Act, 1986;
(c) "agriculture" means the basic and applied sciences of soil and
water management, crop production, home science, food
science, agricultural engineering and technology, animal
husbandry including veterinary and dairy science, fisheries,
mushroom growing, bee-keeping, tea cultivation, sericulture,
vegetables, social sciences and agricultural marketing,
processing, co-operation, land use and management and
economic and social uplift of the rural people;
(d) "authority" means any authority as specified in section 10 of
this Act;
(e) "Board" means the Board of Management of the University as
constituted under section 12;
1
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 23
rd
August, 2006, pp. 3896 and 3898.
2
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh dated 21
st
December, 2013, pp.
5328 and 5330-5331.
3. Act came into force from
1
st
day of March, 1987 corresponding to 10
th
of Fagun, 1908
Saka vide Notification No. Udyan-Cha.(11)2/86, 2
nd
March, 1987, published in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 11
th
April, 1987, p. 651.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 6
AND FORESTRY ACT, 1986
(f) "Board of Studies" means the Board constituted under section
18 of the Act;
(g) "Chancellor" means the Chancellor of the University;
(h) "college" means a constituent college of the University under
the direct control and management of the Board whether
located at the headquarters, campus or elsewhere;
(i) "Council for Education and Research" means the Himachal
Pradesh Council of Agricultural, Horticultural and Forestry
Education and Research, set up under section 9 of the Act;
(j) "Dean" means the Dean of a college;
(k) "existing University" means a University specified in column
(2) of the Schedule to this Act;
(l) "extension" means educational activities concerned with the
training of orchardists, farmers and other groups serving
agriculture, horticulture, and forestry, in improved practices
related thereto and the various phases of scientific technology
related to agriculture, horticulture and forestry, including
post-harvest technology and marketing;
(m) "faculty" means teaching, research and extension staff of a
college or a department of the University, including all
members of the staff having the rank of an Assistant
Professor and above;
(n) "forestry" means and includes basic and applied sciences
concerning silviculture, plant breeding, farm forestry,
conservation of ecology of the biosphere, wild life,
sericulture, medicinal and aromatic plants and their products;
(o) "Government" or "State Government" means Government of
the State of Himachal Pradesh;
(p) "Governor" means the Governor of the State of Himachal
Pradesh;
(q) "horticulture" means the basic and applied sciences of fruits,
vegetables, floriculture plantation, crops, spices, hops and
shall include mushroom growing, landscaping, bee-keeping,
marketing and processing of horticultural produce;
(r) "hostel" means a place of residence for students of the
University maintained or recognised by the University either
as a part of or separate from a college;
(s) "officer" means an officer of the University as specified in
section 22 of the Act;
(t) "Official Gazette" means the Rajpatra, Himachal Pradesh;
(u) "prescribed" means prescribed by the Statutes and
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 7
AND FORESTRY ACT, 1986
Regulations made under the Act;
(v) "Regulations' means the rules and procedures established for
the operation and functioning of the authorities as specified or
deemed to have been specified in section 10 of the Act and
may include the provisions made by the Academic Council
relating to the establishment and maintenance of academic
standards of the University as well as the provisions made by
the competent authority of the University for the conduct of
students, staff and other employees of the University and for
conducting the routine business of the University and these
may include provisions relating to the service conditions of
employees;
(w) "scheduled castes" means the scheduled castes specified in
Part-VI of the Schedule to the Constitution (Scheduled
Castes) Order, 1950 and/or notified by the Government;
(x) "scheduled tribes" means the scheduled tribes specified in
Part-V of the Schedule to the Constitution (Scheduled Tribes)
Order, 1950 and/or notified by the Government;
(y) "Statutes" means the Statutes of the University governing
matters of policy and procedure as set forth in section 53 of
the Act;
(z) "student" means a person enrolled in the University for
undergoing a course of studies in that University for obtaining
a degree, diploma or other academic distinction duly
instituted;
(za) "teacher" means a person appointed under section 39 of the
Act for the purpose of imparting instructions and/or
conducting and guiding research and/or extension programme
and may include any other person who may be declared by
the Statutes to be a teacher on such terms and conditions as
may be prescribed by the Board;
(zb) "University" means the
1
[Chaudhary Sarwan Kumar
Himachal Pradesh Krishi Vishvavidyalaya], Palampur and/or
Dr. Yashwant Singh Parmar University of Horticulture and
Forestry, Solan as incorporated or deemed to have been
incorporated under this Act; and
(zc) "Vice-Chancellor" means the Vice-Chancellor of the
University appointed under section 24 of Act.
1
. The words “Chaudhary Sarwan Kumar Krishi Vishvavidyalaya” substituted for
the words “Himachal Pradesh Kishi Vishvavidyala” vide H.P. Act No. 24 of 2000,
again substituted for the words “Chaudhary Sarwan Kumar Krishi
Vishvavidyalaya” vide H.P. Act No. 10 of 2001.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 8
AND FORESTRY ACT, 1986
3. Incorporation of Universities.- (1) On the commencement of this
Act, in relation to each of the existing Universities specified in column (2) of
the Schedule to this Act, the corresponding Universities shall be incorporated
or deemed to have been incorporated under this Act as a successor body
corporate with the same name and with perpetual succession and common seal
and shall sue and be sued by the same name.
(2) The members of the Board of Management, the Academic Council
and other authorities of the existing University shall be deemed to have been
appointed, elected, nominated or co-opted as such member of the
corresponding authority of the University set up under this Act, and shall
cease to be such members on expiry of the period of three months from the
commencement of this Act or on the day on which the corresponding
authorities of the University are constituted under this Act whichever is
earlier.
(3) Subject to the provisions to the contrary contained in this Act, the
Chancellor, the Vice-Chancellor and other officers the existing Universities,
shall continue to hold their respective offices under the corresponding
Universities incorporated under this Act.
(4) Each University shall be competent to acquire and hold property,
both movable and immovable, by way of purchase, lease and exchange or
otherwise, and to lease, sell or otherwise transfer or dispose of any movable or
immovable property, which vests or may have become vested in or has been
acquired by it, for the purpose of the University and to borrow money from
the Central Government, State Government or from any body corporate
approved by the State Government and to contract and to all things necessary
for the purpose of this Act:
Provided that no immovable property of the University shall, except
with the prior approval of the Government, be transferred by the Board of
Management by way of sale, lease, tenancy, mortgage or gift, nor shall any
money be borrowed or advances taken on the security thereof.
(5) The place specified against each University in column (3) of the
Schedule to this Act shall be the headquarters of the University.
4. Jurisdiction.- (1) The territorial jurisdiction of the University set
up under this Act shall extend to the entire State of Himachal Pradesh and the
powers in respect of teaching, research and extension programme in the field
of agriculture, horticulture and forestry shall be exercisable by each
University to the extent indicated against it in column (4) of the Schedule to
this Act.
(2) The University may, in its relative field, assume responsibility for
the maintenance of training centres, research and experimental stations and for
the programmes of training of field extension workers therein and for the
establishment, development and operation of Polytechnics as may be required
in various parts of the State.
(3) All colleges, research and experimental stations and other
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 9
AND FORESTRY ACT, 1986
institutions coming under the jurisdiction and authority of the University shall
be constituent units of the University under the full management and control
of the University officers and authorities.
1
[The University may recognize any
institution under its jurisdiction as an affiliated institution subject to such
conditions as may be prescribed.]
(4) Notwithstanding anything contained in any other law for the time
being in force, no educational institution situate within the State and run by
the University other than the University incorporated under this Act,
imparting instructions in the fields, assigned to it vide column (4) of the
Schedule to this Act, for Bachelor’s degree and above, shall be associated in
any way with or be admitted to any privilege of any other University
incorporated by law in India and such privilege granted by any other
University to any educational institution within the State prior to the
commencement of this Act shall be deemed to be withdrawn on such
commencement.
(5) The University may have collaboration in research with any
projects of any University having multi-disciplinary approach, Central and
State institutions.
5. Objects.- The University shall be deemed to be established and
incorporated for the following purposes in respect of the subjects as indicated
in column (4) of the Schedule to this Act, namely:-
(1) making provision for imparting education in agriculture,
horticulture, forestry and other allied branches of learning and
scholarship which a University may find necessary to include;
(2) furthering the advancement of learning and prosecution of
research, both basic and applied;
(3) undertaking extension of such sciences, specially to the rural
people of the State; and
(4) such other purposes as the University may from time to time
determine.
6. Admission to the University.- (1) University shall, subject to the
provisions of this Act and the Statutes, be open to all persons:
Provided that nothing in this section shall-
(a) require a University to admit to any course of study any
person who does not meet the prescribed academic standards
for admission to or to retain on its rolls, persons whose
academic records are below the minimum standard required
for the award of a degree or whose personal conduct is such
as to be prejudicial to the purposes of the University or to the
rights and privileges of other students and staff;
1
. Substituted for the words “No unit shall be recognised as an affiliated unit” vide
H.P. Act No. 22 of 2005.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 10
AND FORESTRY ACT, 1986
(b) be deemed to require a University to admit to any course of
study a larger number of students that can be accommodated
in the teaching, research and extension programmes of the
University or in any particular college or department as
determined by the Academic Council.
(2) Subject to the foregoing provisions the University shall, according
to a specific decision of the Board, reserve seats in colleges for socially and
educationally backward classes of citizens or for the scheduled castes and the
scheduled tribes, provided that no such person shall be entitled to be admitted
to the University, unless he fulfils the standards for admission laid down by
the University in respect of such candidates.
7. Powers and functions of the University.- The University shall, in
the fields indicated against it in column (4) of the Schedule to this Act, have
the following powers and functions, namely:-
(1) to provide for instructions and for the conduct of research and
dissemination of the findings of research and technical
information through an extension education programme;
(2) to institute degrees, diplomas, certificates and other academic
distinctions;
(3) to institute courses of study and hold examinations and confer
degrees, diplomas, certificates and other academic
distinctions on persons who have-
(a) pursued a course of study as prescribed; or
(b) carried out research in the University or an institution
recognised in this behalf by the University under the
conditions as may be prescribed;
(4) to confer honorary degrees and other distinctions as may be
prescribed;
(5) to provide lectures and instructions for field workers,
orchardists, farmers and other persons, not enrolled as regular
students of the University and to grant certificates to them as
may be prescribed;
(6) to co-operate with other Universities and authorities in such
manner and for such purposes as the University may
determine, subject to the limitations set forth in section 4 of
this Act;
(7) to maintain colleges relating to the fields indicated against it
in column (4) of the Schedule to this Act;
(8) to maintain laboratories, libraries, research stations and insti-
tutions and museums for teaching, research and extension
education in the fields indicated against it in column (4) of the
Schedule to this Act;
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 11
AND FORESTRY ACT, 1986
(9) to institute teaching, research and extension education posts
required by the University and to make appointments thereto;
(10) to create administrative, ministerial and other posts required
by the University and to make appointments thereto;
(11) to institute and award fellowships, scholarships and prizes in
accordance with the Statutes;
(12) to institute and maintain residential accommodation for
students and staff of the University;
(13) to fix, demand and receive such fees and other charges as may
be prescribed;
(14) to supervise and control the residence, conduct and discipline
of the students of the University and to make arrangements
for promoting their health and welfare;
(15) to determine qualifications for teachers and to recognise
persons as are qualified to give instructions in a college or to
carry out research and extension education in the fields
indicated against it in column (4) of the Schedule to this Act;
(16) to do all such acts and things, whether incidental to the
powers aforesaid or not, as may be required in order to further
the objects of the University.
8. Visitation and inspection.- (1) The Chancellor shall have the right
to cause an inspection to be made by such persons(s), as he may direct, of any
University, its buildings, laboratories, libraries, museums, workshops and
equipments and any institution, college or hostel maintained or administered
by the University and of the teaching and other work conducted by the Uni-
versity or under its auspices and of the conduct of any other function of the
University, and to cause an inquiry to be made in respect of any matter
connected with the administration and finances of the University.
(2) The Chancellor shall, in every case, give due notice to the
University of his intention to cause an inspection or inquiry to be made and
the University shall be entitled to appoint a representative who shall have the
right to be present and be heard at such inspection or inquiry.
(3) The Chancellor shall communicate to the University the result of
such inspection or inquiry, and may, after ascertaining its opinion thereon,
advise the University upon the action to be taken and fix a time-limit for
taking such action.
(4) The University shall, within the time limit so fixed, report to the
Chancellor the action which has been taken or is proposed to be taken on the
advice tendered by the Chancellor.
(5) The Chancellor may, where action has not been taken by the
University to the satisfaction of the Chancellor within the time limit fixed and
after considering any explanation furnished or representation made by the
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 12
AND FORESTRY ACT, 1986
University, issue such directions as the Chancellor may deem fit and the
University shall comply with such directions.
(6) Notwithstanding anything contained in the preceding sub-section
of this section, if at any time the Chancellor is of the opinion that the affairs of
the University are not managed in furtherance of the objects of the University
or in accordance with the provisions of the Act and the statutory regulations or
the special measures desirable to maintain the standards of teaching,
examination, research or extension, he may indicate to the University any
matter in regard to which he 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 offers an explanation which, in the opinion of the Chancellor is
unsatisfactory, the Chancellor may issue such instructions as appear to him to
be necessary and desirable in the circumstances of the case and may exercise
such powers as he may consider necessary for giving effect to these
instructions.
(7) The University shall furnish such information relating to the
administration of the University as the Chancellor may require.
1
[8-A. Power of State Government to enquire.- The State
Government may, cause an enquiry to be made by any of its officers or
agency, as it may direct on any matters connected with the administration and
finances of the University or the institutions maintained by it and the report of
such enquiry shall be sent to the State Government and the State Government
after examining the same, shall forward the report to the Chancellor and may
also recommend any action including removal of Vice-Chancellor, if in its
opinion there exist such circumstances as are contained in sub-section (6) of
section 24 of this Act and the Chancellor may take action accordingly:
Provided that before taking such action, the Chancellor shall afford
reasonable opportunity of being heard to the Vice-Chancellor.]
9. Constitution of State Council for Education and Research, its
powers and duties.- (1) For the purposes of effective co-ordination in the
activities of the Universities set up in this State under this Act, particularly in
relation to teaching, research, extension education and other matters of
common interest and also for having periodical evaluation of the functioning
of and for supervision over the Universities and their academic and financial
activities and programmes, the State Government shall constitute a Council
for Education and Research to be called “The Himachal Pradesh Council of
Agricultural, Horticultural and Forestry Education and Research”.
(2) The Chief Secretary to the State Government shall be the
Chairman of the Council and the Council shall have the following members,
namely:-
2
[xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx]
1
. Section 8A inserted vide H.P. Act No. 7 of 2005.
2
. Clause (i) omitted vide H.P. Act No. 7 of 2005.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 13
AND FORESTRY ACT, 1986
(ii) the Vice-Chancellors of the Universities;
(iii) the Secretaries to the State Government in the Departments of
Agriculture, Horticulture, Animal Husbandry, Finance and
Forest; and
(iv) one representative of the Indian Council of Agricultural
Research, New Delhi.
(3) Without prejudice to the generality of the provisions of sub-
section (1), the Council for Education and Research shall have the following
powers and functions, namely:-
(a) to grant permission to the Universities for starting any new
course or disciplines, departments, schemes or projects to be
financed out of the State exchequer by way of grants/loans;
(b) to review, from time to time, the work done in the
Universities relating to education, teaching, research and
extension education in agriculture, horticulture and forestry
with a view to achieving effective co-ordination in the
activities of the Universities and to give them suitable
guidance and directions;
(c) to advise the State Government on matters relating to
activities of the Universities, which may be referred to it by
the State Government;
(d) to exercise such other powers and to discharge such other
functions as are incidental or requisite to give effect to the
provisions of this Act;
(e) to take decisions in relation to transfer/division of research
experimental stations from one University to the other.
(4) The Council for Education and Research, in the exercise of its
powers and the discharge of its functions, shall have the power to issue
necessary directions to the Universities under intimation to the Chancellor
which shall be final and binding on the Universities and it shall be the duty of
the Vice-Chancellor concerned to ensure that such directions are promptly and
properly implemented and for this purpose the Vice-Chancellor shall have and
exercise all the necessary powers as provided in sub-section (5) of section 25
of this Act.
(5) The Council for Education and Research shall, in conducting its
business, determine such procedure as it may deem fit.
(6) The Council for Education and Research shall have the power to
act notwithstanding any vacancy in the membership thereof or any defect in
the constitution thereof.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 14
AND FORESTRY ACT, 1986
1
[9-A. Meeting of the Council for Education and Research.- The
Council for Education and Research shall meet thrice in a year, on the date,
time and place fixed by the Chairman.]
10. Authorities- The following shall be the authorities of the
University, namely:-
(i) the Senate;
(ii) the Board of Management;
(iii) the Academic Council;
(iv) the Extension Council;
(v) the Research Council;
(vi) the Board of Studies;
(vii) the Finance Committee; and
(viii) such other bodies of the University as may be declared by the
Statutes to be the authorities of the University.
11. Senate.- (1) The Senate shall consist of the following members in
respect of:-
(A) THE
2
[CHAUDHARY SARWAN KUMAR HIMACHAL PRADESH
KRISHI VISHVAVIDYALAYA],
Ex-officio Members:
(i) Chancellor;
(ii) Vice-Chancellor;
3
[ xxxxxxxxxxxxxxxxxxxxxxxxxx]
(iv) Secretary (Agriculture) to the Government;
(iv) Secretary (Animal Husbandry) to the Government;
(vi) Heads of Government Departments of Agriculture,
4
[Horticulture,] Animal Husbandry and Fisheries;
(vii) all Deans and Directors and other statutory officers of the
University
Other Members:
(viii) two members to be elected by and from amongst the
1
. Section 9-A inserted vide H.P. Act No. 7 of 2005.
2
. The words “CHAUDHARY SARWAN KUMAR KRISHI VISHVAVIDYALAYA”
substituted for the words “HIMACHAL PRADESH KISHI VISHVAVIDYALA” vide
H.P. Act No. 24 of 2000, again substituted for the words “CHAUDHARY
SARWAN KUMAR KRISHI VISHVAVIDYALAYA” vide H.P. Act No. 10 of 2001.
3
. Sub-clause (iii) omitted vide H.P. Act No. 7 of 2005.
4
. Inserted vide H.P. Act No. 16 of 1989.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 15
AND FORESTRY ACT, 1986
Members of the Himachal Pradesh Legislative Assembly in
such manner as may be prescribed by the Speaker of the
Assembly;
(ix) two teachers/Heads of Departments of the University other
than Deans/Directors having at least 5 years’ teaching
experience to be elected in the manner prescribed in the
Statutes so as to give representation to the constituent
colleges of the University;
(x) One representative of the employees of the University
(other than teachers) to be elected in the manner prescribed
in the Statutes.
(B) DR. YASHWANT SINGH PARMAR UNIVERSITY OF
HORTICULTURE AND FORESTRY, SOLAN
Ex-officio Members:
(i) Chancellor;
(ii) Vice-Chancellor;
1
[ xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx]
(iv) Secretary (Horticulture) to the Government;
(v) Secretary (Forest) to the Government;
(vi) Heads of Government Departments of Agriculture,
Horticulture and Forests;
(vii) all Deans and Directors and other statutory officers of the
University;
Other Members:
(viii) two members to be elected by and from amongst the
Members of the Himachal Pradesh Legislative Assembly in
such manner as may be prescribed by the Speaker of the
Assembly;
(ix) two teachers/ Heads of the Departments of the University
other than Deans/Directors, having at least 5 years’
teaching experience to be elected in the manner prescribed
in the Statutes so as to give representation to the constituent
colleges of the University;
(x) one representative of the employees of the University (other
than teachers) to be elected in the manner prescribed in the
Statute.
(2) The term of office of the members of the Senate, other than ex-
officio members, shall be for a period of two years with effect from the dates
1
. Sub-clause (iii) omitted vide H.P. Act No. 7 of 2005.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 16
AND FORESTRY ACT, 1986
of their respective elections and shall include any further period which may
intervene between the expiration of the said period of two years and the date
of the next succeeding election or nomination, as the case may be, not being
an election or nomination to fill up a casual vacancy.
(3) The Senate shall, on the dates to be fixed by the Chancellor, meet
once in a calendar year and this meeting shall be called the annual meeting of
the Senate.
(4) The Chancellor may, whenever he deems fit, and shall upon a
requisition in writing signed by not less than one-third of the total number of
members of the Senate convene a special meeting of the Senate.
(5) Subject to the provisions of this Act, the Senate shall-
(i) review the broad policies and programmes of the University
and suggest measures for the improvement and development
of the University;
(ii) consider and pass resolution on the annual report, annual
accounts, financial estimates and audit report on such
accounts of the University; and
(iii) advise the Chancellor in respect of any matter which may be
referred to it for advice.
12. Board of Management.- (l) The Chancellor shall constitute a
Board of Management: for the University and the Board shall consist of the
following in respect of-
(A)
1
[CHAUDHARY SARWAN KUMAR HIMACHAL PRADESH KRISHI
VISHVAVIDYALAYA]
Ex-officio Members:
(i) Vice-Chancellor;
(ii) Vice-Chancellor of Dr. Yashwant Singh Parmar University
of Horticulture and Forestry, Solan;
2
[(iii) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx]
(iv) Secretary (Agriculture) to the Government;
(v) Secretary (Animal Husbandry) to the Government;
(vi) Secretary (Finance) to the Government;
(vii) Heads of the Government Departments of Agriculture,
1
. The words “CHAUDHARY SARWAN KUMAR KRISHI
VISHVAVIDYALAYA” substituted for the words “HIMACHAL PRADESH
KISHI VISHVAVIDYALA” vide H.P. Act No. 24 of 2000, again substituted for
the words “CHAUDHARY SARWAN KUMAR KRISHI
VISHVAVIDYALAYA” vide H.P. Act No. 10 of 2001.
2
. Sub-Clause (iii) omitted vide H.P. Act No. 7 of 2005.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 17
AND FORESTRY ACT, 1986
1
[Horticulture,] Animal Husbandry and Fisheries;
Other Members:
(viii) one officer to be nominated by the Chancellor from
amongst Deans/Directors of the University;
(ix) two eminent scientists with a background of research and
education, one in agriculture and the other in animal science
to be nominated by the Chancellor;
(x) two progressive agriculturists, farmers or animal breeders to
be nominated by the Chancellor;
(xi) one progressive agriculturist/animal breeder from the tribal
areas of the State to be nominated by the Chancellor;
(xii) one outstanding woman social worker preferably having
back ground of rural advancement, to be nominated by the
Chancellor;
(xiii) one distinguished industrialist or manufacturer having special
knowledge in agricultural development to be nominated by
the Chancellor;
(xiv) one distinguished engineer to be nominated by the
Chancellor;
(xv) one representative of the Indian Council for Agricultural
Research; and
(xvi) one representative of the Indian Council of Forestry
Research and Education, Dehradun.
(B) DR. YASHWANT SINGH PARMAR UNIVERSITY OF
HORTICULTURE AND FORESTRY, SOLAN
Ex-officio Members:
(i) Vice-Chancellor;
(ii) Vice-Chancellor of
2
[Chaudhary Sarwan Kumar Himachal
Pradesh Krishi Vishvavidyalaya];
3
[(iii) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx]
(iv) Secretary (Horticulture) to the Government;
(v) Secretary (Finance) to the Government;
(vi) Secretary (Forests) to the Government;
1
. Inserted vide H.P. Act No. 16 of 1989.
2
. The words “Chaudhary Sarwan Kumar Krishi Vishvavidyalaya” substituted for
the words “Himachal Pradesh Kishi Vishvavidyala” vide H.P. Act No. 24 of 2000,
again substituted for the words “Chaudhary Sarwan Kumar Krishi
Vishvavidyalaya” vide H.P. Act No. 10 of 2001.
3
. Sub-Clause (iii) omitted vide H.P. Act No. 7 of 2005.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 18
AND FORESTRY ACT, 1986
(vii) Heads of Government Departments of Horticulture, Forest
and Agriculture;
Other Members:
(viii) one officer to be nominated by the Chancellor from amongst
the Deans/Directors of the University;
(ix) two eminent scientists, one in horticulture and the other in
forestry, to be nominated by the Chancellor;
(x) two progressive orchardists or farmers to be nominated by the
Chancellor;
(xi) one progressive orchardist/farmers from the tribal areas of the
State, to be nominated by the Chancellor;
(xii) one outstanding woman social worker, preferably having
background of rural advancement to be nominated by the
Chancellor;
(xiii) one distinguished engineer to be nominated by the
Chancellor;
(xiv) one representative of the Indian Council for Agricultural
Research New Delhi; and
(xv) one representative of the Indian Council of Forestry Research
and Education, Dehradun.
(2) The Registrar shall be the
1
[Member Secretary] of the Board of the
University.
(3) The term of the members, except the ex-officio members, of the
Board shall be for a period of two years.
(4) A member of the Board may resign his office by a notice in
writing, addressed to the Chancellor of the University.
(5) If, for any reason, a vacancy occurs in the office of a non-official
member of the Board, the same may be filled by appointing or nominating, as
the case may be, another person thereto for the un-expired term, in accordance
with the provisions of this section.
2
[(6) One-third of the members shall form a quorum for a meeting of
the Board:
Provided that if a meeting of the Board is adjourned for want of
quorum, no quorum shall be necessary at the next meeting for the transaction
of the same business.]
(7) The Vice-Chancellor shall be the Chairman of the Board.
1
. Substituted for the words and sign “non-member Secretary” vide H.P. Act No.
7 of 2005.
2
. Sub-section (6) substituted vide H.P. Act No. 16 of 1989.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 19
AND FORESTRY ACT, 1986
(8) The members of the Board shall not be entitled to receive any
remuneration for the performance of their functions as such members under
this Act except such daily and travelling allowances as may be prescribed.
13. Powers and functions of the Board.- (1) The Board shall
exercise and perform the following powers and functions, namely:-
(a) to review and consider the financial requirements and estimates
for the University and approve its budget;
(b) to make appointments to the posts in accordance with the
provisions of the Act;
(c) to provide for the administration of any funds placed at the
disposal of the University for the purposes intended;
(d) to arrange for the investment and withdrawal of funds of the
University;
(e) to borrow money for capital improvements and make suitable
arrangements for its repayment;
(f) to. provide for accepting, acquiring, holding and disposing of
property on behalf of the University;
(g) to direct the form and use of the common seal of the University;
(h) to appoint such committees, either standing or temporary, as the
Board may consider necessary, and establish the terms of
reference thereof within the purview of the Act or the Statutes;
(i) to determine and regulate policies relating to the University in
accordance with this Act or the Statutes;
(j) to make financial provision for instructions, teaching and
training in such branches of learning and courses of study as
determined by the Academic Council within the purposes of
this Act and for research and advancement and dissemination of
knowledge;
(k) to provide for the establishment and maintenance of colleges,
hostels laboratories, experimental farms and other facilities
necessary for carrying out the purposes of this Act;
(l) to make provision for instituting and conferring degrees,
diplomas, certificates and other academic distinctions;
(m) to provide for institution, maintenance and award of
scholarships, fellowships, studentships, medals, prizes, etc;
(n) to accept, on behalf of the University, trusts, bequests and
donations;
(o) to meet at such times and in such places, as often as it may
deem necessary:
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 20
AND FORESTRY ACT, 1986
Provided that a regular meeting of the Board shall be held
at least once in every three months; and
(p) to regulate and determine all matters concerning the University
in accordance with the Act and the Statutes and to exercise such
powers and to discharge such duties as may be conferred on or
imposed upon the Board by this Act or Statutes.
(2) The Board may, for purposes of consultation, invite any person
having experience in or special knowledge of any subject under consideration
to attend a meeting. Such a person may speak in and otherwise take part in the
proceedings of such meeting but shall not be entitled to vote at any such
meeting. Any person so invited shall be entitled to such allowances for
attending the meeting, as may be prescribed.
14. The Academic Council.- (l) There shall be an Academic Council
for the University which shall, subject to the provisions of the Act and the
Statutes, superintend, direct and control and be responsible for the
maintenance of standards of instructions, education and examinations and
other matters connected with the conferment of degrees or award of diplomas
and certificates and shall exercise such other powers and perform such other
duties as may be conferred or imposed on it by the Statutes. It shall advise the
Vice-Chancellor on all academic matters of the University.
(2) The Academic Council shall consist of the following members,
namely:-
(i) Vice-Chancellor, who shall be the ex-officio Chairman;
(ii) Deans of Colleges of the University;
(iii) Director of Research of the University;
(iv) Director of Extension Education of the University;
1
[(v) Deputy Director General (Education), Indian Council of Forest
Research & Education, Directorate of Education, Dehradun;]
(vi) Librarian of the University;
(vii) Students’ Welfare Officer of the University;
(viii) two senior-most professors from each college for a term of two
years, by rotation;
(ix) in respect of-
(a) 2
[Chaudhary Sarwan Kumar Himachal Pradesh Krishi
Vishvavidyalaya], two eminent scientists, one in
agriculture and the other in animal sciences;
1
. Clause (v) substituted vide H.P. Act No. 10 of 2014.
2
. The words “Chaudhary Sarwan Kumar Krishi Vishvavidyalaya” substituted for
the words “Himachal Pradesh Kishi Vishvavidyala” vide H.P. Act No. 24 of 2000,
again substituted for the words “Chaudhary Sarwan Kumar Krishi
Vishvavidyalaya” vide H.P. Act No. 10 of 2001.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 21
AND FORESTRY ACT, 1986
(b) Dr. Yashwant Singh Parmar University of Horticulture and
Forestry, Solan, two eminent scientists, one in horticulture
and the other in forestry; and
(x) Registrar shall be the ex-officio Secretary of the Academic
Council.
(3) One-third of the number of members of the Academic Council
shall form a quorum.
15. Powers and functions of the Academic Council.- (I) The -
Academic Council shall, subject to the provisions of this Act and the Statutes,
have the power to regulate and prescribe all courses of study and determine
curricula and shall have general control of teaching and other educational
programme within the University
1
[including affiliated institutions] and shall
be responsible for the maintenance of standards thereof.
(2) It shall have power to make Regulations consistent with this Act
and the Statutes relating to all academic matters subject to its control
2
[including affiliated institutions] and to amend or repeal such Regulations.
(3) In particular, and without prejudice to the generality of the
foregoing owners, the Academic Council shall have power to-
(i) advise the Board on all academic matters including the
control and management of libraries;
(ii) make recommendations for the establishment of new
colleges, departments, experimental stations, sub-stations,
professorships, associate professorships and other teaching
posts including posts in research and extension education and
in regard to the duties thereof;
(iii) formulate, modify or revise schemes for the constitution or
reconstitution of departments of teaching, research and
extension education;
(iv) make Regulations regarding the admission of students to the
University and determine the number of students to be
admitted;
(v) make Regulations relating to the courses of study leading to
degrees diplomas and certificates;
(vi) make Regulations relating to the conduct of examinations and
maintain and promote standards;
(vii) make recommendations regarding post-graduate teaching,
research and extension education;
(viii) make recommendations regarding the qualifications to be
prescribed for teachers in the University;
1
. Inserted vide H.P. Act No. 22 of 2005.
2
. Inserted vide H.P. Act No. 22 of 2005.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 22
AND FORESTRY ACT, 1986
(ix) recommend to the Board the conferment of honorary degrees;
and
(x) 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.
16. Extension Council.- (1) There shall be an Extension Council for
the University.
(2) The constitution, powers and functions of the Extension Council
shall be such as may be prescribed by the Statutes.
17. Research Council.- (1) There shall be a Research Council for the
University.
(2) The constitution, powers and functions of the Research Council
shall be such as may be prescribed by the Statutes.
18. Board of Studies.- (1) There shall be a Board of Studies for each
college of the University.
(2) The Dean of college shall be the Chairmen of the respective
Boards of Studies and Heads of the Departments of the colleges shall be the
members thereof.
(3) The Vice-Chancellor may nominate on the Board of Studies such
other teachers of related subjects or sciences from the same or other colleges,
as he may deem fit.
(4) The duties of such Board of Studies shall be to prescribe syllabi so
as to ensure integrated and well balanced courses of studies and other related
matters concerning academics.
(5) Each department of the college shall have a Head whose
appointment, powers and duties shall be such as may be prescribed by the
Statutes and who shall be responsible to the Dean of the college for the proper
organisation and working of the department and shall be responsible to the
Directors of Research and Extension Education, respectively for the research
and extension education entrusted to his department.
(6) The Board of Studies shall perform such functions or discharge
such duties as may be conferred or imposed upon it by the Statutes.
19. Finance Committee, its powers and duties.- (l) There shall be a
Finance Committee for the University, consisting of-
(i) Vice-Chancellor, who shall also be the ex-officio Chairman
of the Committee;
(ii) Finance Secretary to the Government or his representative;
1
[(ii-a) Principal Secretary or Secretary (Agriculture) to the State
Government;
1
. Clauses (ii-a), (ii-b) and (ii-c) inserted vide H.P. Act No. 7 of 2005.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 23
AND FORESTRY ACT, 1986
(ii-b) Principal Secretary or Secretary (Horticulture) to the State
Government;
(ii-c) Registrar; and]
1
[(ii-d) Examiner, Local Audit Department;]
(iii) Heads of Government Departments of Horticulture and
Forests in case of Dr. Yashwant Singh Parmar University of
Horticulture and Forestry, Solan and of Agriculture, Animal
Husbandry and Fisheries in case of the
2
[Chaudhary Sarwan
Kumar Himachal Pradesh Krishi Vishvavidyalaya], and
(iv) one member chosen by the Board from amongst its non-
official members.
(2) The Comptroller shall be the
3
[Member Secretary] of the Finance
Committee.
(3) The Finance Committee shall have the following powers, namely:-
(i) to examine the annual accounts of the University and to
advise the Board thereon;
(ii) to examine the annual budget estimates and to advise the
Board thereon;
(iii) to examine the annual audit report and action taken thereon;
(iv) to review the financial position of the University from time to
time;
(v) to make recommendations to the University on all matters
relating to the finances of the University; and
(vi) to make recommendations to the Board on all proposals
involving expenditure for which no provision has been made
in the budget or which involves expenditure in excess of the
amount provided in the budget.
20. Provisions in relation to membership of authorities.- (1) Save
as otherwise provided in this Act, if any member other than ex-officio
members of any authority or other body of a 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, election or nomination, as the case may be, and the person so
appointed, elected or nominated, shall fill such vacancy for the unexpired
portion of the term for which the member, in whose place such person is
1
. Clause (ii-d) inserted vide H.P. Act No. 21 of 2006.
2
. The words “Chaudhary Sarwan Kumar Krishi Vishvavidyalaya” substituted for the
words “Himachal Pradesh Kishi Vishvavidyala” vide H.P. Act No. 24 of 2000,
again substituted for the words “Chaudhary Sarwan Kumar Krishi
Vishvavidyalaya” vide H.P. Act No. 10 of 2001.
3
. Substituted for the words “non-member Secretary” vide H.P. Act No. 7 of 2005.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 24
AND FORESTRY ACT, 1986
appointed, elected or nominated, would otherwise have continued in office.
(2) The Chancellor, on the recommendation of the Board, may
remove any person from the membership of any authority on the ground that
such person has been convicted of an offence involving moral turpitude:
Provided that no order for removal shall be passed against any person
without giving him an opportunity of being heard.
(3) A person who is a member of any authority of the University as a
representative of another 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
membership, he ceases to be a member of that other body by which he was
appointed or elected.
(4) Wherever any person becomes a member of any authority of the
University by virtue of the office held by him, he shall forthwith cease to be a
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.
(5) Any member, other than ex-officio members, of any authority of
the University may resign his office by a letter addressed to the Registrar for
being placed before the appropriate authority.
(6) Any officer of the University, whether salaried or otherwise, other
than the Dean or the Director, may resign his office by a 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 receipt by the Vice-Chancellor,
whichever is earlier.
21. Validity and protection of certain acts.- (1) No act or
proceedings of any authority or other body of the University shall be invalid
merely by reason of the existence of any vacancy among its members or by
reason of such person having taken part in the proceeding who is subsequently
found not to have been entitled to do so.
(2) Save as otherwise provided in this Act, all acts and orders in good
faith done and passed 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.
(3) No suit, prosecution or other proceedings shall lie against any
officer or other employee of the University for any act done or purported to
have been done under this Act or the Statutes or the Regulations without the
previous sanction of the Board.
(4) No officer or other employee of the University shall be liable in
respect of any such act in a civil or criminal proceeding if the act was done in
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 25
AND FORESTRY ACT, 1986
good faith in the course of the execution of his duties or in discharge of the
functions imposed on him by or under this Act.
22. Officers of the University.- The following may be the officers of
the University, namely:-
(i) Chancellor;
(ii) Vice-Chancellor;
(iii) Deans of Colleges;
(iv) Director of Research;
(v) Director of Extension Education;
(vi) Registrar;
(vii) Comptroller;
(viii) Estate Officer;
(ix) Librarian;
(x) Students’ Welfare Officer; and
(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. Chancellor.- (1) The Governor shall, by virtue of his office, be
the Chancellor of the University.
(2) The Chancellor shall be the Head of the University and shall,
when present, preside at any Convocation of the University.
(3) Every proposal to confer an honorary degree shall be subject to
the confirmation by the Chancellor.
(4) The Chancellor shall exercise such other powers and perform such
other duties as may be conferred or imposed on him by this Act or the statute.
24. Vice-Chancellor.- (1) The Vice-Chancellor shall be a whole time
officer of the University, who shall be appointed by the Chancellor on the
recommendations of the Selection Committee consisting of-
(i) a nominee of the Chancellor;
(ii) the Director General, Indian Council of Agricultural
Research; and
(iii) the Chairman, Universities Grants Commission or his
nominee.
(2) The Chancellor shall nominate one of the members referred to in
sub-section (1) as the Chairman of the Selection Committee.
(3) The Vice-Chancellor shall normally hold office for a term of
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 26
AND FORESTRY ACT, 1986
1
[three years] and be eligible for re-appointment for another
2
[three years] but
not beyond the age of 65. 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:
Provided that the Chancellor may allow him to continue in office until
his successor is appointed but this period shall not exceed one year.
3
[(3-a) The Chancellor, by general or special order, may place the
Vice-Chancellor under suspension,-
(a) where an enquiry under sub-section (6) of this section is
contemplated or pending; or
(b) where in the opinion of the Chancellor, he has engaged
himself in activities prejudicial to the interest of the
University; or
(c) where a case against him in respect of any criminal offence is
under investigation, inquiry or trial; or
(d) where his continuance in office will prejudice the
investigation, inquiry or trial (e.g. apprehended tampering
with documents or to influence witnesses).
(3-b) The Vice-Chancellor under suspension shall be entitled to a
subsistence allowance at an amount equal to leave salary which the Vice-
Chancellor would have drawn if he had been on leave on half average pay or
on half pay and in addition, dearness allowance, if admissible on the basis of
such leave salary:
Provided that where the period of suspension exceeds three months,
the Chancellor shall be competent to vary the amount of subsistence
allowance for any period subsequent to the period of the first three months as
follows:-
(i) the amount of subsistence allowance may be increased by a
suitable amount, not exceeding fifty per cent of the
subsistence allowance admissible during the period of first
three months, if, in the opinion of the Chancellor, the period
of suspension has been prolonged for reasons, to be recorded
in writing, not directly attributable to the Vice-Chancellor;
(ii) the amount of subsistence allowance, may be reduced by a
suitable amount, not exceeding fifty percent of the
subsistence allowance admissible during the period of first
three months, if, in the opinion of the Chancellor, the period
of suspension has been prolonged due to reasons, to be
1
The words “three years” substituted for the words “five years” vide H.P. Act No. 3
of 1994, effective from 5
th
February, 1994.
2
. The words “three years” substituted for the words “five years” vide H.P. Act No. 3
of 1994, effective from 5
th
February, 1994.
3
. Sub-sections (3-a) to 3-c) inserted vide H.P. Act No. 7 of 2005.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 27
AND FORESTRY ACT, 1986
recorded in writing, directly attributable to the Vice-
Chancellor; and
(iii) the rate of dearness allowance shall be based on the increased
or, as the case may be, the decreased amount of subsistence
allowance admissible under clause (i) and (ii).
(3-c) No payment under sub-section (3-b) shall be made unless the
Vice-Chancellor furnishes a certificate that he is not engaged in any other
employment, business, profession or vocation.]
(4) The Vice-Chancellor may resign by giving a notice of one-month
in writing under his signatures addressed to the Chancellor. The Chancellor
may waive off the period of notice and accept the resignation forthwith in
consultation with the State Government.
(5) During temporary absence of the Vice-Chancellor by reason of
leave, illness or any other cause, the Chancellor may make such arrangements
for carrying out the duties of the Vice-Chancellor, as he may deem fit, from
amongst the senior faculty members of the University. Where the post of the
Vice-Chancellor falls permanently vacant either by resignation or other-wise,
the vacancy shall be filled in accordance with the provisions of sub-section (1)
of this section and the Vice-Chancellor so appointed shall hold office for a full
term or till the attainment of the age of 65 years, whichever is earlier.
(6) If, in the opinion of the Chancellor a Vice-Chancellor wilfully
omits or refuses to carry out the provisions of this Act or abuses the powers
vested in him or if it appears to the Chancellor that the continuance of that
Vice-Chancellor in office is detrimental to the interests of the University, the
Chance1lor may, by order, remove the Vice-Chancellor, after giving him an
opportunity to show cause against the action proposed to be taken against
him:
1
[Provided that in the event of taking any action on a report of an
enquiry under section 8 or section 8-A of this Act, as the case may be, nor
further enquiry shall be necessary under this sub-section but the Vice-
Chancellor shall be afforded an opportunity of being heard after making him
available a copy of enquiry report.]
25. Powers and duties of 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 the Academic Council.
He shall, in the absence of the Chancellor, preside over the Convocation of the
University and confer degrees on the persons entitled to receive them.
(2) The Vice-Chancellor shall exercise general control over the affairs
of the University and shall be responsible for due maintenance of discipline
and order in the University.
(3) The Vice-Chancellor shall convene meetings of the Board of
Management and the Academic Council unless he temporarily delegates the
1
. Proviso added vide H.P. Act No. 7 of 2005.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 28
AND FORESTRY ACT, 1986
power to some other officer of the University.
(4) The Vice-Chancellor shall ensure the faithful observance of the
provisions of this Act, the Statutes and the Regulations and he shall exercise
such powers as may be necessary in that behalf.
(5) The Vice-Chancellor shall be responsible for prompt and proper
implementation on the part of the University and its authorities and officers,
of the directions by the Council for Education and Research under section 9,
from time to time, and shall have and exercise all the powers necessary for
this purpose, notwithstanding anything contained in this Act or in the Statutes
and the Regulations made or deemed to have been made under this Act.
(6) The Vice-Chancellor shall be responsible for the presentation of
the annual financial estimates and the annual accounts
1
[xxxxxxx] to the
Board.
2
[(7) In case of emergency warranting immediate action to be taken,
in respect of powers not vested in him, the Vice-Chancellor shall take such
action as he deems necessary after recording reason in writing and shall place
the matter before the authority, competent to exercise such powers, for
confirmation in its next following meeting but not later than sixty days, failing
which the action taken by him shall cease to have any effect and if the action
taken by the Vice-Chancellor is not confirmed by such authority, the same
shall also cease to have any effect:
Provided that such emergency powers shall not be exercised by the
Vice-Chancellor for making any appointment to any position or assignment or
removal of any incumbent from such position or assignment:
Provided further that nothing in this section shall be deemed to
empower the Vice-Chancellor to incur any expenditure not duly authorised
and provided for in the budget.]
(8) Subject to the provisions of the preceding sub-section, the Vice-
Chancellor shall give effect to the orders of the Board regarding the appoint-
ment, suspension and dismissal of officers, teachers and other employees of
the University.
(9) Where any action taken by the Vice-Chancellor under sub-section
(6) affects any person in the service of the University to his disadvantage,
such action shall not be taken unless the person concerned has been given a
reasonable opportunity of being heard and the person against whom any
action is proposed to be taken may prefer an appeal to the Board within thirty
days of the date on which the action proposed to be taken is communicated to
him.
(10) The Vice-Chancellor shall be responsible for the proper
administration of the University and for a close co-ordination and integration
of teaching, research and extension education.
1
. The words “and balance-sheet” omitted vide H.P. Act No. 16 of 1989.
2
. Sub-Section 7 substituted vide H.P. Act No. 7 of 2005.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 29
AND FORESTRY ACT, 1986
(11) The Vice-Chancellor may appoint temporarily, under intimation
to the Board, a suitable person for a period not exceeding six months in the
vacancy of an officer, teacher or any other employee in the University.
(12) The Vice-Chancellor shall exercise such other powers, as may be
prescribed, for carrying out the purposes and provisions of this Act.
(13) The Vice-Chancellor shall, at the close of each academic year, in
the manner prescribed in the Statutes, assess and evaluate the teaching,
extension and research work done by the members of the faculty. On such
assessment of evaluation, if the Vice-Chancellor is of the opinion that the
work and conduct of any member of the faculty is not satisfactory, he shall in
the manner laid down in the Statutes, initiate or cause to be initiated action
against such a member.
26. Other officers of the University and their general terms and
conditions.- (1) An officer of the University, referred to in clauses (iii) to (xi)
of section 22 shall be a whole time officer of the University and shall be
appointed by the Board on the recommendations of the Selection Committee,
as may be constituted for the purpose under the Statutes.
(2) The salary and allowances and other conditions of service of such
an officer shall be such as may be prescribed by the Statutes.
27. Deans of colleges.- (1) Each college shall have a Dean who shall
be responsible to the Vice-Chancellor for all matters concerning his college.
(2) The Dean shall also be responsible for the organisation and the
conduct of the resident instructions of the departments of his college.
(3) The Dean shall exercise such powers and perform such duties as
may be conferred or imposed upon him by the Statutes.
28. Director of Research.- (1) There shall be a Director of Research
who shall be responsible to the Vice-Chancellor of the University for the
direction and co-ordination of research programmes in the fields concerned as
set forth in section 37 of this Act, and efficient working of the research
station.
(2) The Director of Research shall exercise such powers and perform
such duties as may be conferred or imposed on him by the Statutes.
29. Director of Extension Education.- (1) There shall be a Director
of Extension Education who shall be responsible to the Vice-Chancellor of the
University for extension programmes in the fields concerned as set forth in
section 38 of this Act.
(2) The Director of Extension Education shall exercise such powers
and perform such duties as may be conferred or imposed on him by the
Statutes.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 30
AND FORESTRY ACT, 1986
1
[30. Registrar.- (1) There shall be a Registrar in the University who
shall be ex-officio Member-Secretary of the Senate, Board and Academic
Council of the University.
(2) Notwithstanding anything to the contrary contained in section 26
of this Act, the Registrar shall be appointed, by the State Government from
amongst the officers who have put in at least five years service in the Indian
Administrative Services or at least nine years service in Himachal Pradesh
Administrative Services under the State Government, failing which by the
Board on the recommendations of the selection committee, as may be
constituted for the purpose under the Statutes.
(3) The Registrar shall exercise such powers and perform such duties
as may be prescribed by the Statutes.]
31. Comptroller.-
2
[(1) There shall be a Comptroller who shall be
appointed by deputation from amongst the Officer(s) of the Himachal Pradesh
Subordinate Accounts Service (Ordinary Branch) not below the rank of
Deputy Controller, and shall be responsible to the Vice-Chancellor of the
University including the preparation and presentation of the budget and
statement of accounts.]
(2) The Comptroller shall exercise such powers and perform such
duties as may be conferred or imposed upon him by the Statutes.
(3) The Comptroller shall-
(i) ensure that expenditure not authorised in the budget is not
incurred by the University except by way of investment; and
(ii) disallow any expenditure not warranted by the terms of any
Statutes or for which provision is required to be made by the
Statutes but has not been so made.
(4) All moneys belonging to the University shall be kept in a
Scheduled Bank and/or Government securities approved by the Board.
Explanation.- For the purposes of this sub-section "Scheduled Bank"
means a Bank included in the Second Schedule to the Reserve Bank of India
Act, 1934 (11 of 1934).
32. Estate Officer.- (1) The Estate Officer of the University shall be
responsible to the Vice-Chancellor for the custody, maintenance and
management of the buildings, lawns, gardens and other properties of the
University.
(2) The Estate Officer shall exercise such powers and perform such
duties as may be conferred or imposed upon him by the Statutes.
33. Librarian.- (1) There shall be a Librarian in the University who
shall be responsible to the Vice-Chancellor for all matters concerning the
1
. Section 30 substituted vide H.P. Act No. 7 of 2005.
2
. Sub-section (1) substituted vide H.P. Act No. 7 of 2005.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 31
AND FORESTRY ACT, 1986
library.
(2) The Librarian shall exercise such powers and perform such duties
as may be conferred or imposed upon him by the Statutes.
34. Students' Welfare Officer.- (1) There shall be a Students'
Welfare Officer in the University who shall be responsible to the Vice-
Chancellor for all matters connected with the students’ welfare.
(2) The Students’ Welfare Officer shall exercise such powers and
perform such duties as may be conferred or imposed upon him by the Statutes.
35. Colleges.- (1) The following shall be the constituent colleges:-
(a) in respect of the
1
[Chaudhary Sarwan Kumar Himachal
Pradesh Krishi Vishvavidyalaya]-
(i) the College of Agriculture, Palampur,
2
[(ii) Dr. G.C. Negi College of Veterinary and Animal
Sciences, Palampur, and]
(iii) such other colleges as may be established by the
University after the commencement of this Act, and
3
[(b) in respect of Dr. Yashwant Singh Parmar University of
Horticulture and Forestry, Solan:-
(i) the College of Horticulture, Solan;
(ii) the College of Forestry, Solan; and
(iii) such other colleges as may be established by the
University after commencement of this Act.]
(2) Every college shall comprise of such departments as may be
prescribed and each department shall be assigned such subjects of study as the
Academic Council may deem fit.
(3) There shall be a Head of each department who shall be responsible
to the Dean for resident instructions to the Director of Research for the
purposes of research and to the Director of Extension Education for the
purposes of extension education.
(4) The Head of each department shall be selected by the Vice-
Chancellor and appointed by him with the approval of the Board.
(5) The duties, powers and functions of Heads of departments shall be
such as may be prescribed.
1
. The words “Chaudhary Sarwan Kumar Krishi Vishvavidyalaya” substituted for
the words “Himachal Pradesh Kishi Vishvavidyala” vide H.P. Act No. 24 of 2000,
again substituted for the words “Chaudhary Sarwan Kumar Krishi
Vishvavidyalaya” vide H.P. Act No. 10 of 2001.
2
. Sub-clause (ii) substituted vide H.P. Act No. 22 of 2005.
3
. Clause (b) substituted vide H.P. Act No. 23 of 1987.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 32
AND FORESTRY ACT, 1986
36. Experimental stations for research.- (1) Subject to the
provisions of this Act and the Statutes, the existing experimental stations/sub-
stations and institutions of the University, mentioned in column (2) of the
Schedule to the Act, shall form part of the corresponding University
incorporated under this Act and the University incorporated under this Act
may institute/start new experimental stations, sub-stations or expand or give
up the existing ones.
(2) The Government may transfer to the University experimental
stations, sub-stations, institutions and research schemes of the related
departments from such date as the Government may by notification specify.
(3) The State Government shall have the power to transfer any
experimental station, sub-station and institution from one University to
another or to distribute them amongst the Universities set up under this Act.
37. Research programme.- (1) Subject to the provisions of this Act
and the Statutes, the University incorporated under this Act for the benefit of
the rural population of the State, shall carryon research directed primarily to
the problems connected with the fields indicated against it in column (4) of
the Schedule to this Act.
(2) The University, through its research organisation, shall be the
principal agency of control over research activities in the fields assigned to it.
38. Extension programmes.- (1) The extension education
programmes of the University shall-
(a) make useful information based upon the findings of research
available to agriculturists, orchardists, farmers and others to
help and solve their problems;
(b) conduct demonstration and teaching programmes for the
benefit of students, agriculturists, orchardists and farmers;
and
(c) co-ordinate other functions of the University and other
appropriate agencies of the State.
(2) The University shall be responsible for the extension education
activities in the State necessary to disseminate and demonstrate to
agriculturists, orchardists, farmers and others the findings of research on
improved practices essential for rural uplift and to increase production on
animal husbandry, agricultural products, fruits, vegetables and farm forestry.
39. Appointment of teacher, officers and staff.- (1) Subject to the
provisions of this Act, the members of the staff other than teachers of the
University, shall be appointed by the Vice-Chancellor of the University with
the approval of its Board and the teachers shall be appointed by the Board on
the recommendations of such Selection Committees as may be constituted
under the Statutes of the University.
(2) Except in, cases otherwise provided for in the Statutes, every
salaried officer and teacher of the University shall be appointed under a
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 33
AND FORESTRY ACT, 1986
written contract which shall not be inconsistent with the provisions of this Act
and the Statutes of the University for the time being in force in relation to the
conditions of service and such contract shall be kept with the Vice-Chancellor
of the University and a copy thereof shall be furnished to the officer or teacher
concerned.
(3) The procedure for selection of officers, teachers and other
employees of the University, unless otherwise provided in the Act, shall be as
prescribed by the Statutes.
1
[39-A. Creation of posts etc.- No post, position and assignment
created by the University shall have any effect unless approved by the State
Government.]
40. Legal proceedings.- If at the commencement of this Act any suit,
appeal or other proceedings of whatever nature, are pending by or against the
existing University, the same shall not abate, be discontinued or be in any way
prejudicially affected by reasons of the coming into force of this Act, but the
suit, appeal or other proceedings may be continued, prosecuted or enforced by
or against the corresponding University incorporated under this Act.
41. Retirement and other conditions of service.- The age of
retirement and other conditions of service of every officer, teacher or other
employee of the University shall be such as may be prescribed.
42. Pension and provident fund.- (1) The University shall constitute
for the benefit of its officers, teachers, clerical staff and other employees in
such manner and subject to such conditions, as may be prescribed, such
pension, insurance and provident fund as it may deem fit.
(2) For such pension, insurance and provident fund so constituted by
the University, the Government may declare that provisions of the Provident
Fund Act, 1925, (19 of 1925) shall apply to such fund as if it were a
Government provident fund:
Provided that the University shall have power to invest the provident
fund amount in such manner as it may determine.
(3) Persons in Government service transferred to or re-employed by
the University shall be governed under such terms and conditions as may be
agreed to between the University and the Government.
43. Tribunal of arbitration for dispute between University and
staff.- Any dispute arising out of a contract between the University and any
officer or teacher or employee of the University shall, on the request of the
officer or teacher or employee concerned, be referred to a tribunal of
arbitration consisting of one member appointed by the Board, 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 matters decided by the tribunal. Every such
request shall be deemed to be a submission to arbitration upon the terms of
1
. Section 39-A inserted vide H.P. Act No. 7 of 2005.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 34
AND FORESTRY ACT, 1986
this section within the meaning of the Arbitration Act, 1940 (10 of 1940) and
all the provisions of the said Act, with the exception of section 2, thereof shall
apply accordingly.
44. Funds and grants.- (1) General Fund.- The University shall have
a General Fund to which shall be credited--
(i) income from fees, endowments, grants and from properties of
the University including hostels, experimental stations and
farms;
(ii) contribution or grants which shall be made by the
Government on such conditions as it may impose;
(iii) grants, donations and benefactions; and
(iv) other receipts.
(2) Foundation Fund
(i) the University shall form a fund called the Foundation Fund
from contribution and grants made by the State Government
for being credited to that fund and such other sums from the
University which may be credited to the said fund;
(ii) the money in the Foundation Fund shall be invested in the
securities mentioned or referred to in clauses (a) to (d) of
section 20 of the Indian Trusts Act, 1882 (2 of 1882);
(iii) it shall be competent for the University in furtherance of its
objectives, to accept grants from any State Government or
statutory body and endowments or donations under such
conditions as may be agreed upon between the University and
the grantor or the donor.
(3) Management of Funds.- The General Fund, Foundation Fund and
other funds of the University shall be managed according to such provisions
as may be laid down by the Statutes.
(4) Government Grants.- Subject to availability of funds, the State
Government shall every year make non-lapsable lump sum grants to the
University as follows:-
(a) a grant not less than the estimated net expenditure of pay and
allowances of the staff, contingencies, supplies and services
of the University; and
(b) an annual increase in grant to meet such additional items of
expenditure, recurring and non-recurring, as per requirements
of the University, on account of new schemes and
programmes, revision of pay scales, increments, increase in
dearness and other allowances payable to the staff.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 35
AND FORESTRY ACT, 1986
1
[45. Annual and audit reports.- (1) The annual report of the
University shall be prepared under the directions of the Board, which shall
include, among other matters, the steps taken by the University towards the
fulfillment of its objectives and shall be submitted to the Senate
2
[on or
before] such date, as may be prescribed by the Statutes, and the Senate shall
consider the report in its annual meeting.
(2) The annual accounts and the balance sheet of the University shall
be prepared under the directions of the Board and shall, once at least every
year and at the intervals of not more than fifteen months, be audited by an
agency specifically authorized in this behalf by the State Government from
time to time.
(3) The accounts, when audited, shall be printed and the copies
thereof, together with the audit report thereon, shall be submitted to the Senate
alongwith the observations of the Board.
(4) A copy of the annual report, as prepared under sub-section (1) and
a copy of the annual accounts together with the audit report, as submitted to
the Senate under sub-section (3) alongwith the observations, if, any, made by
the Senate thereon, shall be submitted to the State Government, which shall,
as soon as may be, cause the same to laid before the State Legislature.]
46. Construction of reference to existing University in any
document etc.- Any reference to the existing University in any law, other
than this Act, or in any contract or other instrument shall be construed as a
reference to the corresponding University set up under this Act.
47. Inter University disputes.- If any dispute arises between the
Universities incorporated under this Act, such dispute shall be resolved in the
first instance by the Vice-Chancellors of the said Universities and in the event
of failure of the Vice-Chancellors to arrive at an agreed solution with regard
to any such dispute, the matter shall be referred to the Government and its
decision thereon shall be final and binding.
48. Delegation of powers.- The Board of the University may delegate
to any officer or Authority of the University any of the powers conferred on it
by this Act or by the Statutes to be exercised subject to such restrictions and
conditions as may be prescribed.
49. Constitution of ad-hoc committees.- Notwithstanding anything
contained in this Act and until such time as the authorities mentioned in items
(i), (iv), (v) and (vi) of section 10 are duly constituted, the Vice-Chancellor
may, subject to the prior approval of the Chancellor, appoint committees
temporarily to exercise, perform and discharge any of the powers, functions
and duties of such authorities under this Act.
50. Disputes as to constitution of University authorities and
bodies.- If any question arises as to whether any person has been duly elected,
1
. Section 45 substituted vide H.P. Act No. 14 of 1992.
2
. Substituted for the words “on or after” vide H.P. Act No. 18 of 1998.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 36
AND FORESTRY ACT, 1986
nominated or appointed or is entitled to be a member of any authority or other
body of the University, the matter shall be forfeited to the Chancellor whose
decision thereon shall be final:
Provided that before taking any such decision, the Chancellor shall
give the person or persons affected thereby a reasonable opportunity of being
heard.
51. Transitory provisions.- (1) Subject to the provisions contained in
sub-section (2), the postgraduate students of the existing Dr. Yashwant Singh.
Parmar University of Horticulture and Forestry, Solan, enrolled before its
establishment in the discipline of 6 field crops’ may obtain the degrees etc.
from the
1
[Chaudhary Sarwan Kumar Himachal Pradesh Krishi
Vishvavidyalaya].
(2) Till such time as the first batch of students of the B. Sc.
(Horticulture) admitted by the existing Dr. Yashwant Singh Parmar University
of Horticulture and Forestry, Solan enters the final year of that degree course,
the students of the said University enrolled earlier in the Himachal Pradesh
Vishva Vidyalaya shall continue to receive certificates, diplomas, degrees,
medals and other distinctions from the
2
[Chaudhary Sarwan Kumar Himachal
Pradesh Krishi Vishvavidyalaya].
52. 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 the Official Gazette, make such provisions not inconsistent with
the purposes of this Act as may appear to it to be necessary or expedient for
removing the difficulty:
Provided that no such order shall be made after the expiry of two
years from the commencement of this Act.
(2) Every order published under this section shall, as soon as may be
after its publication, be laid before the State Legislature.
(3) No order made under sub-section (1) shall be called into query in
any court of law on the ground that no difficulty as is referred to in the said
sub-section existed or was required to be removed.
53. Statutes.- Subject to the provisions of this Act, the Statutes of the
University may provide for any matter and shall, in particular, provide for the
following matter, namely:-
(a) the constitution, powers and duties of the authorities of the
1
. The words “Chaudhary Sarwan Kumar Krishi Vishvavidyalaya” substituted for
the words “Himachal Pradesh Kishi Vishvavidyala” vide H.P. Act No. 24 of 2000,
again substituted for the words “Chaudhary Sarwan Kumar Krishi
Vishvavidyalaya” vide H.P. Act No. 10 of 2001.
2
. The words “Chaudhary Sarwan Kumar Krishi Vishvavidyalaya” substituted for
the words “Himachal Pradesh Kishi Vishvavidyala” vide H.P. Act No. 24 of 2000,
again substituted for the words “Chaudhary Sarwan Kumar Krishi
Vishvavidyalaya” vide H.P. Act No. 10 of 2001.
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 37
AND FORESTRY ACT, 1986
University;
(b) the selection, nomination, appointment and continuance in
office of the members of the authorities of the University and
of the officers, teachers and other employees of the
University, including the filling up of vacancies and all other
matters relating to these authorities and officers, teachers and
other employees for which it may be necessary or desirable to
provide;
(c) the constitution of the Selection Committee for making
recommendations to the Board for appointments under this
Act;
(d) the designation, the manner of appointment, powers and
duties of the officers of the University;
(e) establishment of divisions/departments of teaching in the
colleges;
(f) procedure of appointment, emoluments and conditions of
service of the Vice-Chancellor and his powers;
(g) the classification and the manner of appointment of teachers;
(h) the constitution of gratuity or provident fund or both for the
benefit of officers, teachers and other employees of the
University;
(i) the institution of degrees and diplomas;
(j) the conferment of honorary degrees;
(k) the establishment, amalgamation, sub-division and abolitions
of departments;
(l) the establishment and abolition of hostels maintained by the
University;
(m) the institution of fellowships, scholarships, medals and prizes;
(n) the maintenance of a register of graduates;
(o) the admission of students to the University and their
enrolment and continuance as such;
(p) the courses of study to be laid down for degrees and diplomas
of the University;
(q) the conditions under which students shall be admitted to the
degrees, diplomas or other courses and the manner in which
the examinations are to be held and the eligibility for the
award of degrees and diplomas;
(r) the conditions of residence of the students of the University
and the levy of fees for residence in hostels maintained by the
University;
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 38
AND FORESTRY ACT, 1986
(s) the recognition and supervision of hostels not maintained by
the University;
(t) the number, qualifications, emoluments and other conditions
of service of officers, teachers and other employees of the
University and the preparation and maintenance of record of
their services and activities;
(u) the fees which may be charged by the University;
(v) the remuneration and allowances, including travelling and
daily allowances, to be paid to persons employed for the
business of the University;
(w) the conditions for the award of fellowships, scholarships,
medals, prizes, stipends and fee concession;
(x) mode of execution of contracts or agreements by or on behalf
of the University; and
(y) all other matters which by this Act are to be or may be
provided for by the Statutes.
54. Statutes how made.- (1) The Board may, from time to time,
make the new or additional Statutes and may amend or repeal the Statutes in
the manner hereinafter provided in this section.
(2) The Academic Council may propose to the Board the draft of a
Statute and such draft shall be considered by the Board at its next meeting:
Provided that the Academic Council shall not propose the draft of any
Statutes or any amendments of a Statute affecting the status, powers or
constitution of any authority of the University until such authority has been
given an opportunity to express its opinion upon the proposal and any opinion
so expressed shall be considered by the Board.
(3) The Board may consider any such draft as is referred to in sub-
section (2) and pass the proposed Statute or reject or return it to the Academic
Council for re-consideration, either in whole or in part, together with any
amendment which it may suggest.
(4) Any member of the Board may propose to the Board the draft of
any Statute and the Board may either accept or reject the proposal if it relates
to a matter not falling within the purview of the Academic Council.
(5) In case such a draft relates to a matter within the purview of the
Academic Council, the Board shall refer it for consideration to the Academic
Council which may either report to the Board that it does not approve the
proposal, which then, shall be deemed to have been rejected by the Board or
submit the draft to the Board in such form as the Academic Council may
approve, and the provisions of this section shall apply in the case of a draft so
submitted as they apply in the case of a draft proposed to the Board by the
Academic Council.
(6) A new Statute or additions to the Statute or any amendment or
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 39
AND FORESTRY ACT, 1986
repeal of a Statute shall require the approval of the Chancellor who may
accord his assent thereto or withhold his assent or return the same to the
Board for consideration.
(7) A new Statute or Statute amending or repealing an existing Statute
shall have no validity unless it has been assented to by the Chancellor.
(8) All Statutes made under this Act shall be published in the Official
Gazette.
55. Regulations.- (1) Any authority of a University may make
Regulations consistent with this Act and the Statutes for-
(a) laying down the procedure to be observed at its meetings and
the number of members required to form a quorum;
(b) providing for all matters which by this Act or the Statutes are
to be provided for by the Regulation; and
(c) providing for any other matter(s) solely concerning the
authority and not provided for by this Act and the Statutes.
(2) Every authority of the University shall make Regulations
providing for the giving of notice to the members of such authority of the
dates of meetings and of the business to be transacted at the meetings and for
keeping of records of the proceedings of the meetings.
(3) The Academic Council may, subject to the provisions of the
Statutes, make regulations providing for courses of study, system of
examinations and degrees and diplomas of the University, after receiving
drafts of the same from the college/faculty concerned.
(4) The Academic Council may not alter a draft received from the
college/faculty but may reject or return it to the college/faculty for further
consideration together with the suggestions of the Academic Council.
(5) The Board may, in such manner as it may specify, direct the
amendment of any Regulation made under this section or the annulment of
any Regulation made under sub-section (2).
56. Repeal and savings.- (1) On the commencement of this Act, the
Himachal Pradesh Krishi Vishva Vidyalaya Act, 1978 (30 of 1978) and Dr.
Yashwant Singh Parmar University of Horticulture and Forestry, Solan Act,
1986 (6 of 1986) shall stand repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the Act repealed under sub-section (1), shall be deemed to have been
done or taken under the, corresponding provisions of this Act as if this Act
had come into force on the day on which such thing was done or action taken.
_____________
THE HIMACHAL PRADESH UNIVERSITIES OF AGRICULTURE, HORTICULTURE 40
AND FORESTRY ACT, 1986
SCHEDULE
[See Sections 2 (k) 3, 4 and 36]
Sl.
No.
Name of the University Head-quarters Subjects
1. 2. 3. 4.
1. The
1
[Chaudhary Sarwan Kumar
Himachal Pradesh Krishi
Vishvavidyalaya].
Palampur Agriculture
2. The Dr. Yashwant Singh Parmar
University of Horticulture and
Forestry, Solan.
Nauni (Solan) Horticulture
and Forestry.
______________
1
. The words “Chaudhary Sarwan Kumar Krishi Vishvavidyalaya” substituted for
the words “Himachal Pradesh Kishi Vishvavidyala” vide H.P. Act No. 24 of 2000,
again substituted for the words “Chaudhary Sarwan Kumar Krishi
Vishvavidyalaya” vide H.P. Act No. 10 of 2001.