Statutes how made

§50

Summary

(1) The First Statutes of the University shall be made by the State Government by notification in the Gazette and in the case of any existing University, for so long as the First Statutes are not so made, the Statutes as in force immediately before the commencement of this Act, insofar as they are not 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 in the Gazette provide, continue in force, and any such adaptation or modification shall not be called in question. 1[(1-A) The State Government may by notification in the Gazette amend whether by way of addition, substitution or omission, the First Statutes at any time 2[upto December 31,1990] and any such amendment may be retrospective to a date not earlier than the date of such commencement. ] 3[(1-B) Until the First Statutes of the Purvanchal University are made under this section, the Statutes 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 may, by notification, provide. ] 4[(1-C) Until the First Statutes of the Siddharth University are made under this section, the Statutes 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 may by notification provide. (1-D) Until the First Statutes of the Allahabad State University, Allahabad are made under this section, the Statutes of the Chhatrapati Shahu Ji Maharaj, Kanpur 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 may by notification provide.] 5[(1-E) Until the First Statutes of the Jananayak Chandrashekhar University, Ballia are made under this section, the Statutes of the University of Mahatma Gandhi Kashi Vidyapith, Varanasi,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 may by notification provide.] 6[(1-F) Until the First Statutes of the Saharanpur State University, Saharanpur are made under this section, the Statutes of the University of Chaudhary Charan Singh University, Meerut, 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 may, by notification, provide. (1-G) Until the First Statutes of the 7[Maharaja Suhel Dev University, Azamgarh] are made under this section, the Statutes of the University of Vir Bahadur Singh Purvanchal University, Jaunpur, 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 may, by notification, provide.i 8(1-H) Until the First Statutes of 9[Raja Mahendra Pratap Singh University, Aligarh] are made under this section, the Statutes of the University of Doctor Bhim Rao Ambedkar University, Agra, 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 may, by notification, provide. 10[(1-I) Until the First Statutes of 11[Maa Pateswari Devi University, Balrampur] are made under this section, the Statutes of the University of Dr. Ram Manohar Lohiya Awadh University, Ayodhya 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 may, by notification, provide. (1-J) Until the First Statutes of 12[Maa Vindhyavasini University, Mirzapur]are made under this section, the Statutes of the University of Mahatma Gandhi Kashi Vidyapith, varanasi, 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 may, by notification, provide. (1-K) Until the First Statutes of 13[Guru Jambheshwar University, Moradabad] are made under this section, the Statutes of the Mahatma Jyotiba Phule Rihilkhand University, Bareilly 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 may, by notification, provide. ] (2)14[The Executive Council may, at any time after 15[December 31, 1990] make new or additional Statutes or may amend or repeal the Statutes referred to in subsection (1) or sub-section (1-A). ] (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 therefrom 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 dale as may be specified by him. 16[(6) Notwithstanding anything contained in the foregoing sub-section 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) or sub-section (1-A) within a specified time and if the Executive Council fails to comply with such requirement 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) or sub-section (1-A).] 17[(7) The Executive Council shall have no power to amend or repeal the Statutes 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 in the Gazette and in the case of any existing University, for so long as the First Statutes are not so made, the Statutes as in force immediately before the commencement of this Act, insofar as they are not 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 in the Gazette provide, continue in force, and any such adaptation or modification shall not be called in question. 1[(1-A) The State Government may by notification in the Gazette amend whether by way of addition, substitution or omission, the First Statutes at any time 2[upto December 31,1990] and any such amendment may be retrospective to a date not earlier than the date of such commencement. ] 3[(1-B) Until the First Statutes of the Purvanchal University are made under this section, the Statutes 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 may, by notification, provide. ] 4[(1-C) Until the First Statutes of the Siddharth University are made under this section, the Statutes 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 may by notification provide. (1-D) Until the First Statutes of the Allahabad State University, Allahabad are made under this section, the Statutes of the Chhatrapati Shahu Ji Maharaj, Kanpur 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 may by notification provide.] 5[(1-E) Until the First Statutes of the Jananayak Chandrashekhar University, Ballia are made under this section, the Statutes of the University of Mahatma Gandhi Kashi Vidyapith, Varanasi,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 may by notification provide.] 6[(1-F) Until the First Statutes of the Saharanpur State University, Saharanpur are made under this section, the Statutes of the University of Chaudhary Charan Singh University, Meerut, 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 may, by notification, provide. (1-G) Until the First Statutes of the 7[Maharaja Suhel Dev University, Azamgarh] are made under this section, the Statutes of the University of Vir Bahadur Singh Purvanchal University, Jaunpur, 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 may, by notification, provide.i 8(1-H) Until the First Statutes of 9[Raja Mahendra Pratap Singh University, Aligarh] are made under this section, the Statutes of the University of Doctor Bhim Rao Ambedkar University, Agra, 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 may, by notification, provide. 10[(1-I) Until the First Statutes of 11[Maa Pateswari Devi University, Balrampur] are made under this section, the Statutes of the University of Dr. Ram Manohar Lohiya Awadh University, Ayodhya 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 may, by notification, provide. (1-J) Until the First Statutes of 12[Maa Vindhyavasini University, Mirzapur]are made under this section, the Statutes of the University of Mahatma Gandhi Kashi Vidyapith, varanasi, 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 may, by notification, provide. (1-K) Until the First Statutes of 13[Guru Jambheshwar University, Moradabad] are made under this section, the Statutes of the Mahatma Jyotiba Phule Rihilkhand University, Bareilly 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 may, by notification, provide. ] (2)14[The Executive Council may, at any time after 15[December 31, 1990] make new or additional Statutes or may amend or repeal the Statutes referred to in subsection (1) or sub-section (1-A). ] (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 therefrom 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 dale as may be specified by him. 16[(6) Notwithstanding anything contained in the foregoing sub-section 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) or sub-section (1-A) within a specified time and if the Executive Council fails to comply with such requirement 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) or sub-section (1-A).] 17[(7) The Executive Council shall have no power to amend or repeal the Statutes made by the State Government under sub-section (6) or to make new or additional Statutes inconsistent with such Statutes.]

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