Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Maharashtra Animal And Fishery Sciences University (Amendment) Act, 2010 19 of 2010 [23 July 2010] CONTENTS 1. Short Title And Commencement 2. Amendment Of Section 16 Of Mah. Xvii Of 1998 3. Amendment Of Section 18 Of The Mah. Xvii Of 1998 4. Amendment Of Section 19 Of Mah. Xvii Of 1998 5. Insertion Of New Section 25A Main Xvii Of 1998 6. Amendment Of Section 26 Of Mah. Xvii Of 1998 7. Repeal Of Mah. Ord. Viii Of 2010 And Saving Maharashtra Animal And Fishery Sciences University (Amendment) Act, 2010 19 of 2010 [23 July 2010] In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Animal and Fishery Sciences University (Amendment) Act, 2011) (Mah. Act No. XIX of 2010), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra. H. B. Patel, Secretary to Government, Law and .Judiciary Department (First published, after having received the assent of the Governor, in the Maharashtra Government Gazette on the 23rd July 2010). An Act to amend the Maharashtra Animal and Fishery Sciences University Act, 1.998. Whereas both Houses of the State Legislature were not in session; And Whereas the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him 10 take immediate action to amend the Maharashtra Animal and Fishery Sciences University Act, 1998 for the purposes hereinafter appearing : and, therefore, promulgated the Maharashtra Animal and Fishery Sciences University ; Amendment) Ordinance, 2010 on the 8th July 2010; And Whereas, it is expedient to replace the said Ordinance by an Act of the State Legislature; it is hereby enacted in the Sixty-first Year of the Republic of India as follows:- 1. Short Title And Commencement :- (1) This Act may be called the Maharashtra Animal and Fishery Sciences University (Amendment) Act, 2010. (2) It shall be deemed to have come into force on the 8th July 2010. 2. Amendment Of Section 16 Of Mah. Xvii Of 1998 :- In section 16 of the Maharashtra Animal and Fishery Sciences University Act, 1998 (hereinafter referred to as "the principal Act"):- (a) For sub-section (1), the following sub-section shall be substituted, namely:- (1) The Vice-Chancellor shall be appointed by the Chancellor in the manner stated hereunder:- (a) There shall be a Committee consisting of the following members to recommend suitable names to the Chancellor for appointment of the Vice-Chancellor, namely:- (i) A member nominated by the Chancellor, who shall be the retired Judge of the Supreme Court or retired Chief Justice of a High Court or an eminent scientist of national repute in the field of Animal Husbandry or Dairy Technology or Fisheries or a recipient of Padma Award in the field of Agriculture or related field; (ii) a member nominated jointly by the Executive Council and the Academic Council of the University in the manner specified by the State Government by an order published in the Official Gazzette, who shall be the Director or Head of a National Institute or Organisation of repute in the area of a Veterinary Science or Dairy Technology or Fishery Science such as Indian Veterinary Research Institute (IVRI), Izzatnagar, National Dairy Research Institute (NDRI). Karnal or Central Institute of Fisheries Education (OIFE). Mumbai; (iii) The Secretary (ADF), in the Agriculture. Animal Husbandry, Dairy Development and Fisheries Department of the Government of Maharashtra or any officer not below the rank of the Secretary to the Government, nominated by the Government ; (6) The member nominated by the Chancellor shall be the Chairman of the Committee; (c) The members, nominated shall be the persons not connected with the University or any college or any recognised institution of the University; (d) No meeting of the Committee shall be held unless all the three members of the Committee are present. ; (b) For sub-section (2), the following sub-sections shall be substituted, namely:- (2) The process of preparing a panel shall begin at least three months before the probable date of occurrence of the vacancy of the Vice-Chancellor and shall be completed within the time limit fixed by the Chancellor. The Chancellor, however, may extend such time limit if in the exigency of the circumstances, it is necessary so to do, so however, that the period so extended shall not exceed three months in the aggregate. (2A) The Committee shall recommend a panel of not less than five suitable persons for the consideration of the Chancellor for being appointed as the Vice-Chancellor. The names so recommended shall be in alphabetical order without any preference being indicated. The report shall be accompanied by a detailed write-up on suitability of each person included in the panel. (2B) The Chancellor may select one of the said persons from such panel for the post of the Vice-Chancellor and appoint the person to such post. If the Chancellor does not approve any of the person in the panel or if the person selected by the Chancellor for the post of Vice-Chan cell or is not willing to accept the office of the Vice- Chancellor, the Chancellor may call for a fresh panel, either from the same Committee or after constitution of a new Committee for the purpose, from such new Committee. (2C) A person recommended by the Committee for the appointment as a Vice-Chancellor shall:- (2C) A person recommended by the Committee for the appointment as a Vice-Chancellor shall, (a) Be an eminent academician and an administrator of high calibre ; (b) Be able to provide leadership by his own example: (c) Be able to provide vision and have ability to translate the same into reality in the interest of students and society; and (d) Possess such educational qualifications and experience as may be specified by the State Government, by an order published in the Official Gazette, in consultation with the Chancellor. (2D) The eligibility conditions and the process for recommendation of names for appointment as a Vice-Chancellor shall be given wide publicity to ensure the recommendation of most suitable candidates. "; (c) For sub-section (4), the following sub-section shall be substituted, namely:- (4) The Chancellor may appoint a person for the post of Vice- Chancellor, from amongst the persons recommended by above- mentioned Committee. The Vice-Chancellor so appointed shall hold office for a term of five years and shall not be eligible for re- appointment. ; (d) In sub-section (8), in the proviso, for the words shall not exceed six months", the words "shall not exceed twelve month-" shall be substituted. 3. Amendment Of Section 18 Of The Mah. Xvii Of 1998 :- In section 18 of the principal Act:- (a) For sub-section (2), the following sub-section shall be substituted, namely:- (1) The Registrar of the University shall be a whole time salaried officer of the University, He shall be ail officer of the State Government not below the rank of Deputy Secretary to the Government or Additional Collector to the Government, appointed b y the State Government on deputation, for such period as the State Government may, from time to time fix. The terms and conditions of service of the Registrar shall be such as the State Government may determine. ; (b) Sub-sections (2) and (3) shall be deleted ( c ) For sub-section {4), the following sub-section shall be substituted, namely:- (4) The Registrar of the University shall be the custodian of the records including common seal of the University and such other property of the University as the Academic Council may commit to his charge, from time to time, and it shall be the responsibility of the Registrar to keep up-to-date all land records of the University, and its upkeep, care and maintenance. lie shall be ex-officio Secretary of the Executive Council, the Academic Council and Selection Committees for the academic staff and employees of the University other than the officers of the rank of Assistant Registrar and other officers holding posts equivalent thereto or above, and shall be bound to place before them all available information of the business. He shall receive applications for entrance to the University and shall keep a permanent record of all courses, curricula and other information as may be necessary."; (d) Sub-section (5) shall be deleted; (e) After sub-section (5) the following sub-sections shall be added, namely:- "(9) The Registrar shall be under the superintendence and control of the Vice-Chancellor. The Registrar shall be the appointing and the disciplinary authority of the employees of the University, other than the academic staff and officers of the rank of Assistant Registrar and other officers holding pests equivalent thereto or above. An appeal by a person aggrieved by the decision of the Registrar, may be preferred, within thirty days from the date of communication of such decision, to the Vice-Chancellor. (10) The Registrar shall be responsible for reporting in the Vice- Chancellor the consequences of any decision or action taken by any authority of the University, which he feels is m contravention of the provisions of this Act or the Statutes, Regulations, under intimation to the State Government.". 4. Amendment Of Section 19 Of Mah. Xvii Of 1998 :- In section 19 of the principal Act:- (a) For sub-section (1), the following sub-section shall he substituted, namely:- "(1) The Comptroller of the University shall be whale-lime salaried officer of the University. He shall be an officer belonging to the. Indian Audit and Accounts Service or the Maharashtra Finance and Accounts Serviced appointed by the State Government on deputation, for such period as the State Government may, from time to time, fix. The terms and conditions of service shall be such as the State Government may determine." ; (b) Sub-section (4) shall be deleted. 5. Insertion Of New Section 25A Main Xvii Of 1998 :- After section 25 of the principal Act, the following section shall be inserted, namely:- 25A. Power of Government to specify eligibility conditions for being member of any authority:- Notwithstanding anything contained in any other provisions of this Act, the State Government may, in consultation with the Chancellor, by an order published in the Official Gazette, specify the eligibility conditions for being elected or nominated as a member of any authority of the University. 6. Amendment Of Section 26 Of Mah. Xvii Of 1998 :- In section 26 of the principal Act, in sub-section (2), in clause (d), for the words " three years " the words " five years " shall be substituted. 7. Repeal Of Mah. Ord. Viii Of 2010 And Saving :- (1) The Maharashtra Animal and Fishery Sciences University (Amendment) Ordinance, 2010, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the principal Act, as amended by this Act.