Statutes how made

§42

Summary

(1) The first Statutes of the University shall be made by the State Government, by notification, provided that for so long as the First Statutes are not so made, the Statutes of the Lucknow University as in force immediately before the appointed date in so far as they are not so inconsistent with the provisions of this Act, shall, subject to such adaptations and modifications whether by way of repeal, amendment or addition as may be necessary or expedient, as the State Government may, by notification provide, continue in force, and any such adaptation or modification shall not be called in question. (2) The Executive Council may make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1). (3) The Executive Council shall not propose the draft of any Statute affecting the status; power or constitution of any authority of the University until such authority has been given an opportunity of expressing its opinion upon the proposal and any opinion so expressed shall be in writing and shall be submitted to the Chancellor. (4) Every new Statute or addition to a Statute or any amendment or repeal of Statute shall be submitted to the Chancellor who may assent to it or withhold his assent there form or remit it to the Executive Council for further consideration. (5) A Statute passed by the Executive Council shall have effect from the date it is assented to by the Chancellor or from such later date as may be specified by him. (6) Notwithstanding anything contained in the forgoing sub-sections, the State Government may in order to implement any decision taken by it in the interest of learning, teaching or research or for the benefit of teachers, students or other staff or on the basis of any suggestion or recommendation of the University Grants Commission or the State or National Education Policy with regard to the qualifications of the teachers, require the Executive Council to make new or additional Statutes or amend or repeal the Statutes referred to in sub-section(1) within a specified time and if the Executive Council fails to comply with such requirement of the State Government may, with the assent of the Chancellor, make new or additional Statutes or amend or repeal the Statutes referred to in sub-section(1). (7) The Executive Council shall have no power to amend or repeal the Statues made by the State Government under sub-section (6) or to make new or additional Statutes inconsistent with such Statutes.

(1) The first Statutes of the University shall be made by the State Government, by notification, provided that for so long as the First Statutes are not so made, the Statutes of the Lucknow University as in force immediately before the appointed date in so far as they are not so inconsistent with the provisions of this Act, shall, subject to such adaptations and modifications whether by way of repeal, amendment or addition as may be necessary or expedient, as the State Government may, by notification provide, continue in force, and any such adaptation or modification shall not be called in question. (2) The Executive Council may make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1). (3) The Executive Council shall not propose the draft of any Statute affecting the status; power or constitution of any authority of the University until such authority has been given an opportunity of expressing its opinion upon the proposal and any opinion so expressed shall be in writing and shall be submitted to the Chancellor. (4) Every new Statute or addition to a Statute or any amendment or repeal of Statute shall be submitted to the Chancellor who may assent to it or withhold his assent there form or remit it to the Executive Council for further consideration. (5) A Statute passed by the Executive Council shall have effect from the date it is assented to by the Chancellor or from such later date as may be specified by him. (6) Notwithstanding anything contained in the forgoing sub-sections, the State Government may in order to implement any decision taken by it in the interest of learning, teaching or research or for the benefit of teachers, students or other staff or on the basis of any suggestion or recommendation of the University Grants Commission or the State or National Education Policy with regard to the qualifications of the teachers, require the Executive Council to make new or additional Statutes or amend or repeal the Statutes referred to in sub-section(1) within a specified time and if the Executive Council fails to comply with such requirement of the State Government may, with the assent of the Chancellor, make new or additional Statutes or amend or repeal the Statutes referred to in sub-section(1). (7) The Executive Council shall have no power to amend or repeal the Statues made by the State Government under sub-section (6) or to make new or additional Statutes inconsistent with such Statutes.

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