State Act

THE UTTAR PRADESH STATE UNIVERSITIES ACT, 1973

52- (1) The first Ordinance of each existing University shall be the Ordinance as in force immediately before the commencement of this Act insofar as they are not inconsistent with the provisions of this Act: Provided that for the purpose of bringing the provisions of any such Ordinances into accord with the provisions of this Act and the statutes, the Chancellor may by order make such adaptations and modifications of the Ordinances whether by way of repeal, amendment or addition as may be necessary or expedient and, provide that the ordinances shall as from such date as may be specified in the order have effect subject to the adaptations and modifications so made and any such adaptation or modification shall not be called in question. (2) The First Ordinance of the Universities of Kumaun and Garhwal and of any other University to be established after the commencement of this Act shall be made by the State Government by notification in the Gazette. {(2-A) Until the First Ordinances of the Purvanchal University are made under sub-section (2), the Ordinance of the University of Gorakhpur, as in force immediately before the establishment of the said University, shall apply to it subject to such adaptations and modifications as the State Government, by notification, provide.}2 (3) save as otherwise provided in this section, the Executive Council may, from time to time, make new or additional Ordinance or may amend or repeal the Ordinances referred to in sub-sections (1) and (2): Provided that no Ordinance shall be made— (a) affecting the admission of students, or prescribing examinations to be recognized as equivalent to the University examinations or the further qualifications mentioned in sub-section (1) of section 45 for admission to the degree courses of the University, unless a draft of the same has been proposed by the Academic Council; or (b) effecting the conditions and mode of appointment and duties of examiners and the conduct or standard of examinations or any course of study except in accordance with a proposal of the faculty or facilities concerned and unless a draft of such Ordinance has been proposed by the Academic Council; or (c) effecting the number, qualifications and emoluments of teachers of the University or the income or expenditure of the University, unless a draft of the same has been approved by the State Government. (4) The Executive Council shall not have power to amend any draft proposed by the Academic Council under sub-section (3) but may reject it or return to the Academic Council for reconsideration either in whole or in part together with any amendments which the Executive Council may suggest. (5) All Ordinances made by the Executive Council shall have effect from such date as it may direct and shall be submitted as soon as may be to the Chancellor. (6) The Chancellor may, at any time signify to the executive Council his disallowance of such Ordinances other than those referred to in clause (c) of the proviso to sub-section (3) and from the date of receipt by the Executive Council of intimation of such disallowance, such Ordinances shall become void. (7) The Chancellor may direct that the operation of any Ordinance other than those referred to in clause (c) of the proviso to sub- section (3) shall be suspended until he has an opportunity of exercising his power of disallowance. An order of suspension under this sub-section shall cease to have effect on the expiration of one month from the date of such order.