35. Division of assets and liabilities.—On the commencement of this Act, the assets and liabilities of
the existing University shall stand transferred to, and shall vest in, the Haryana Agricultural University
and the Punjab Agricultural University and shall be apportioned between such Universities in accordance
with the following principles, namely:—
(a) (i) any asset of the existing University which is, immediately before the commencement of
this Act, in the State of Haryana, and every right to such property, shall stand transferred to, and shall
vest in, the Haryana Agricultural University;
(ii) every other asset and every right thereto shall stand transferred to, and shall vest in, the
Punjab Agricultural University;
(b) (i) every liability of the existing University which is relatable to any unit or asset in the State
of Haryana shall, if subsisting immediately before the commencement of this Act, be the liability of
the Haryana Agricultural University;
(ii) every other liability of the existing University, if subsisting on such commencement, shall be
the liability of the Punjab Agricultural University;
(c) the cash balances (whether in the form of cash, bank or security deposits) and reserve funds
held by the existing University, immediately before the commencement of this Act, shall, after
deducting all the liabilities of the existing University up to such commencement, be apportioned
between the Haryana Agricultural University and the Punjab Agricultural University in the ratio
of 40:60;
(d) every contract made by the existing University before the commencement of this Act shall, if
subsisting at such commencement, be deemed to have been made—
(i) in the case of a contract which is relatable to any asset or unit of the existing University in
the State of Haryana, by the Haryana Agricultural University;
(ii) in any other case, by the Punjab Agricultural University;
(e) every share, debenture, bond and other investment made by the existing University shall be
valued on the basis of average market value thereof during one year immediately before the
commencement of this Act, and the value so determined shall be apportioned between the Haryana
Agricultural University and the Punjab Agricultural University in the ratio of 40:60;
(f) every borrowing made by the existing University before the commencement of this Act shall,
if the liability is subsisting on such commencement, be repaid together with the interest due thereon
by the Haryana Agricultural University and the Punjab Agricultural University in the ratio of 40:60;
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(g) the Provident Fund and accruals thereto of every officer or other employee of the existing
University shall stand transferred to the corresponding University in which he has been posted on the
date of the commencement of this Act.
Explanation.—For the purposes of this section, “asset” shall be deemed to include all property,
movable and immovable, rights, powers, authorities and privileges, and all other rights and interests
arising out of such property as were immediately before the commencement of this Act in the ownership,
possession, power or control of the existing University, and all books of accounts, registers, records and
all other documents of whatever nature relating thereto and shall also be deemed to include all obligations
of whatever kind then subsisting of the existing University.
36. Legal proceedings.—If, at the commencement of this Act, any suit, appeal or other proceeding of
whatever nature is pending by or against the existing University, the same shall not abate, be discontinued
or be in any way prejudicially affected by reason of the dissolution of the existing University, but the suit,
appeal or other proceeding may be continued, prosecuted or enforced by or against—
(a) the Haryana Agricultural University, if it relates to any property or unit of the existing
University in the State of Haryana; and
(b) in any other case, the Punjab Agricultural University.
37. Transfer of employees.—(1) Save as otherwise provided in section 13, all officers and other
employees of the existing University holding office as such immediately before the commencement of
this Act shall, on such commencement, become the officers or other employees of the corresponding
University and such officers or other employees shall be divided between those Universities in
accordance with the following principles, namely:—
(a) those officers or other employees of the existing University who are holding office in, or in
connection with, any property or unit of the existing University in the State of Haryana shall become
the officers or other employees of the Haryana Agricultural University;
(b) every other officer or other employee of the existing University, shall become the officer or
other employee of the Punjab Agricultural University.
(2) Every officer or other employee of the existing University shall, on and from the commencement
of this Act hold his office or service in the corresponding University on the same terms and conditions
and with the same rights to pension, provident fund, gratuity and other matters as would have been
admissible to him if the existing University had not been dissolved, and continue to do so unless and until
his employment in the corresponding University is duly terminated or until his remuneration and terms or
conditions of service are duly altered by the corresponding University.
(3) For the persons who, immediately before the commencement of this Act, were the trustees for
pension, provident, gratuity or other like fund, constituted for the officers or other employees of the
existing University, there shall be substituted as trustees such persons as the appropriate Government may
by general or special order, specify.
(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or any
other law for the time being in force, the transfer of the services of any officer or other employee from the
existing University to a corresponding University shall not entitle such officer or other employee to any
compensation, whether under this Act or under any other law for the time being in force, and no such
claim shall be entertained by any court, tribunal or other authority.
38. Membership of corresponding University bodies.—(1) All casual vacancies among the
members (other than ex officio members) of any authority or body of each corresponding University shall
be filled, as soon as possible, by the person or body who or which appointed or nominated the member,
whose place became vacant, and the person appointed or nominated to a casual vacancy shall be a
member of such authority or body for the remaining period of the term for which the person whose place
he fills would have been a member.
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(2) A person, who is a member of any authority of a corresponding University as a representative of
another body, whether of that University or not, shall retain his seat on that authority so long as he
continues to be a member of the body by which he was appointed or nominated and thereafter till his
successor is duly appointed or elected.
(3) No act or proceeding of any authority or body of a corresponding University shall be invalid by
reason merely of the existence of any vacancy or defect in the constitution of such authority or body.
(4) If any question arises whether any person has been duly appointed as, or is entitled to be, a
member of any authority of a corresponding University subordinate to the Board or whether any decision
of the corresponding University is in accordance with this Act and the Statutes, the question shall be
referred to the appropriate Government whose decision thereon shall be final.
39. Annual Report.—(1) The Annual Report of a corresponding University shall be prepared under
the directions of the Vice-Chancellor and submitted to the Board at least one month before the annual
meeting at which it is to be considered.
(2) The Board shall, after consideration of the Annual Report, forward a copy thereof to the
appropriate Government.
(3) On receipt of a copy of the Annual Report referred to in sub-section (1), the appropriate
Government shall cause a copy of such Report, together with its comments thereon, to be laid before the
State Legislature.
(4) Notwithstanding the dissolution of the existing University, the Annual Report of the existing
University for the year 1969-70 shall be prepared under the directions of the Vice-Chancellor of the
Punjab Agricultural University and the Board of that University shall, after consideration of the Annual
Report, forward a copy thereof to the appropriate Government.
40. Construction of references 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,—
(a) if such reference relates to any asset or property of the existing University in the State of
Haryana, as a reference to the Haryana Agricultural University; and
(b) in any other case, as a reference to the Punjab Agricultural University.
41. Obligations to be discharged by the Punjab Agricultural University.—Any obligation
incurred, before the commencement of this Act, by the existing University to confer any degree or other
academic distinction on, or to issue any diploma or other certificate to, any person or to grant any copy of
any degree, diploma, certificate, marks-sheet or other document to any person shall, on such
commencement, be the obligation of the Punjab Agricultural University.
42. Proportion of cost to be borne by the Government of Himachal Pradesh.—In consideration of
the maintenance, by the Punjab Agricultural University, of a campus at Palampur, the Government of the
Union territory of Himachal Pradesh shall bear a portion of the cost of the Punjab Agricultural University
and the quantum of such cost shall be determined by the Central Government having regard to the benefit
derived by that Union territory.
43. Settlement of unresolved disputes.—(1) If any dispute arises by reason of the dissolution of the
existing University, such dispute shall be resolved in the first instance by the Vice-Chancellors of the
corresponding Universities and in the event of the failure of such Vice-Chancellors to arrive at an agreed
solution with regard to any such dispute, the matter shall be referred to the Secretary to the Government
of India in the Ministry dealing with Agriculture and the decision thereon of such Secretary shall be final.
(2) If, on the establishment of a University in the Union territory of Himachal Pradesh, any dispute
arises with regard to the transfer of assets or liabilities pertaining to the Agricultural College at Palampur
or the research, training and extension centres, or property, of the Punjab Agricultural University located
in the said Union territory or with regard to the transfer of the officers or other employees of such College
or centres to the University established in the Union territory of Himachal Pradesh, such dispute shall be
resolved in the first instance by the Vice-Chancellor of the Punjab Agricultural University and the
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Chief Secretary to the Government of the Union territory of Himachal Pradesh and in the event of their
failure to arrive at an agreed solution with regard to any such dispute, the matter shall be referred to the
Secretary to the Government of India in the Ministry dealing with Agriculture and the decision thereon of
such Secretary shall be final.
44. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this
Act, the President may, by order, do anything, not inconsistent with such provisions, which appears to
him to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such power shall be exercised after the expiry of the period of two years from the
commencement of this Act.
45. Repeals and saving.—(1) The Punjab Agricultural University Act, 1961 (Punjab
Act 32 of 1961), is hereby repealed.
(2) The provisions of the General Clauses Act, 1897 (10 of 1897), shall apply to the repeal of the said
Act as if the said Act were a Central Act.
(3) The Haryana and Punjab Agricultural Universities Ordinance, 1970 (1 of 1970), is hereby
repealed.
(4) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be
deemed to have been done or taken under the corresponding provisions of this Act.