State Act

THE UTTAR PRADESH STATE UNIVERSITIES ACT, 1973

4- (1) With effect from such date as the State Government may by notification in the Gazette appoint in that behalf, there shall be established a University of Kumaun at Naini Tal and a University of Garhwal [which shall from April 25, 1989 be called the Hemvati Nandan Bahuguna University] 1 at Srinagar (District Garhwal) for the areas respectively specified in the Schedule. [(1-A) with effect from such date or dates as the State Government may by notification in the Gazette appoint in this behalf, there shall be established- (a) a University of Bundelkhand at Jhansi (b) a University of Avadh at Faizabad {which shall be called the Doctor Ram Manohar Lohia University, faizabad with effect from June 18, 1994, and the Doctor Ram Manohar Lohia Avadh University, Faizabad with effect from July 11, 19 1995;}2 (c) a University of Rohilkhand at Bareilly {which shall with effect from the date of the commencement of the Uttar Pradesh State Universities (Second Amendment) Act, 1997 be called Mahatma Jyotiba Phule Rohilkhand University, Bareilly}3; {(d) a University to be known as Puranchal University at Jaunpur, with shall, with effect from the date of commencement of the Uttar Pradesh State Universities (Amendment) Act, 1999, be called “ Vir Bahadur Singh Purvanchal University, Jaunpur.;}4 for the areas respectively specified in the Schedule. (1-B) In relation to the Universities to be established under sub-section (I-A)- (a) the State Government shall appoint interim officers of the Universities (other than the Chancellor) and shall constitute interim authorities of such Universities in such manner as it thinks fit; [(b) The officers appointed and the members of the authorities constituted under clause (a) shall hold office {***}4 of until the appointment of officers or the constitution of the authorities in accordance with clause (c) {or such other earlier date as may be specified by the State Government in this behalf}4.]3 [Provided that the State Government may by notification, extend the term of the members of such authorities for a period not exceeding one year;]2 (c) the State Government shall take steps for .the appointment of officers and constitution of authorities of such Universities in accordance with the provisions of this Act, so that the same may be completed before the expiry of the respective terms of the interim officers and members under clause (b).]1 (2) With effect from such date as the State Government may, by notification in the Gazette, appoint that behalf the institution known as Kashi Vidyapith at Varanasi shall be deemed to be a University established under the provisions of this Act {which shall be called Mahatma Gandhi Kashi Vidyapith, Varanasi with effect from July, 11, 1995.}5 (3) As from the date appointed under sub-section (2) - (i) the society known as the Kashi Vidyapith Varanasi, shall be dissolved, and all property movable and Immovable, and rights, powers and privileges of the society shall be transferred to and vest in the University and shall be applied to the objects and purposes for which the University is established; (ii) all debts, liabilities and obligations of the said society shall be transferred to the University and shall thereafter be discharged and satisfied by it ; (iii) all references in any enactment to the said society shall be construed as reference to the University; (iv) any will, deed or other document, whether made or executed before or after the commencement of this Act, which contains any bequest, gift or trust in favour of the said society shall be construed as if the University was therein named instead of such society ; (v) subject to the provisions of this Act, every person employed immediately before the said date in the said society shall with effect from that date, become an employee of the University by the same tenure and upon the same conditions of service or conditions as similar there to as changed circumstances may permit, as he would have held under the said society, if such notification had not been issued. (4) The State Government may, by notification in the Gazette- (a) increase the area of a University; (b) diminish the area of University; or (c) alter the name of a University: Provided that no such notification shall be issued except with the previous approval by resolution of both the Houses of the State Legislature. (5) Any notification under this section may contain such provisions for the amendment of the Schedule and the Statutes, Ordinances and Regulations of the University or Universities affected by such notification, as may be necessary to give effect to the provisions of the notification, and thereupon the Schedule and such Statutes, Ordinances and Regulations shall stand amended accordingly. (6) Without prejudice to the generality of the provisions of sub-section (5), any notification under this section may provide for the following matters namely:- (a) provisions in respect of representation of various interests or classes of persons in the authorities of the University or Universities affected by the said notification; (b) provisions for exercise of option by registered graduates of the then existing University to continue to remain registered graduates of the same University or to get registered with a newly established University so however, that no person shall be registered graduate of more than one University ; (c) such other supplemental, incidental and consequential provisions as the State Government may deem necessary. Explanation-- For the purposes of this section and section 5 "Kashi Vidyapith" means the institution known as Kashi Vidyapith at Varanasi established and administered by the Society known as Kashi Vidyapith registered under the Societies Registration Act, 1860 in respect of which the Nirikshak Sabha of the said Society has passed a resolution on 28th May, 1972, requesting the State Government to take over the entire movable and immovable properties of the said institution and to convert it into a State University.