Ordinance how made

§52

Summary

(1)The First Ordinances of each existing University shall be the Ordinances as in force immediately before the commencement of this Act in so far 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 made 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 Ordinances 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. 1[(2-A) Until the First Ordinances of the Purvanchal University are made under sub-section (2), the Ordinances of the University of Gorakhpur, as in fore 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[(2-B) Until the First Ordinances of the Siddharth University are made under sub-section (2), the Ordinances of the University of Gorakhpur, as in force immediately before the establishment of the said University, shall apply to it subject to such adaptation and modifications as the State Government may, by notification provide. (2-C) Until the First Ordinances of the Allahabad State University, Allahabad are made under sub-section (2), the Ordinances of the Chhatrapti Shahu Ji Maharaj University, 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. ] 3[(2-D) Until the First Ordinances of Jananayak Chandrashekhar University, Ballia are made under sub-section (2), the Ordinances 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. ] 4(2-E) Until the First Ordinances of the Saharanpur State University, Saharanpur are made under sub-section (2), the Ordinances 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. (2-F) Until the First Ordinances of the 5[Maharaja Suhel Dev University, Azamgarh] are made under sub-section (2), the Ordinances 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.] 6[(2-G) Until the First Ordinances of 7[Raja Mahendra Pratap Singh University, Aligarh] are made under sub-section (2), the Ordinances 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.] 8[(2-H) Until the First Ordinances of 9[Maa Pateswari University, Balrampur] are made under sub-section (2), the Ordinances of the 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. (2-I) Until the First Ordinances of 10[Maa Vindhyavasini University, Mirzapur] are made under sub-section (2), the Ordinances 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. (2-J) Until the First Ordinances of 11[Guru Jambheswar University, Moradabad] are made under sub-section (2), the Ordinances of the Mahatma Jyotiba Phule Rohilkhand 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.] (3) Save as otherwise provided in this section, the Executive Council may, from time to time, make new or additional Ordinances 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) affecting 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 faculties concerned and unless a draft of such Ordinances has been proposed by the Academic Council ; or (c) affecting 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 disallowances, 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.

(1)The First Ordinances of each existing University shall be the Ordinances as in force immediately before the commencement of this Act in so far 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 made 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 Ordinances 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. 1[(2-A) Until the First Ordinances of the Purvanchal University are made under sub-section (2), the Ordinances of the University of Gorakhpur, as in fore 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[(2-B) Until the First Ordinances of the Siddharth University are made under sub-section (2), the Ordinances of the University of Gorakhpur, as in force immediately before the establishment of the said University, shall apply to it subject to such adaptation and modifications as the State Government may, by notification provide. (2-C) Until the First Ordinances of the Allahabad State University, Allahabad are made under sub-section (2), the Ordinances of the Chhatrapti Shahu Ji Maharaj University, 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. ] 3[(2-D) Until the First Ordinances of Jananayak Chandrashekhar University, Ballia are made under sub-section (2), the Ordinances 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. ] 4(2-E) Until the First Ordinances of the Saharanpur State University, Saharanpur are made under sub-section (2), the Ordinances 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. (2-F) Until the First Ordinances of the 5[Maharaja Suhel Dev University, Azamgarh] are made under sub-section (2), the Ordinances 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.] 6[(2-G) Until the First Ordinances of 7[Raja Mahendra Pratap Singh University, Aligarh] are made under sub-section (2), the Ordinances 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.] 8[(2-H) Until the First Ordinances of 9[Maa Pateswari University, Balrampur] are made under sub-section (2), the Ordinances of the 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. (2-I) Until the First Ordinances of 10[Maa Vindhyavasini University, Mirzapur] are made under sub-section (2), the Ordinances 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. (2-J) Until the First Ordinances of 11[Guru Jambheswar University, Moradabad] are made under sub-section (2), the Ordinances of the Mahatma Jyotiba Phule Rohilkhand 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.] (3) Save as otherwise provided in this section, the Executive Council may, from time to time, make new or additional Ordinances 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) affecting 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 faculties concerned and unless a draft of such Ordinances has been proposed by the Academic Council ; or (c) affecting 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 disallowances, 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.

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