Uttar Pradesh act 4 of 1996 : The UTTAR PRADESH STATE UNIVERSITIES (AMENDMENT) ACT 1996

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  • Department of Higher Education

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UTTAR PRADESH SARKAR. ' ' VIDRAYI ANUDHAO)-1

NO: 33/nil-V-1-1 (10)-43-1996

Dated, bucknow January 6,1996

NOTIFICATION MISCELANEODS

THE'rollowtpg:President's Act enacted on January 6, 1996 is published for general , information —' •

THE !UTTAR PRADESH STATE UNIVERSITIES (AMENDMENT) AcTi 1996 •

(PRESIDENT'S Am NO. 4 oF 19963

Elicie d by Prsichnt in the Reny-Sixth Year of the Republic of India .

AN

Acr further to amend therUttar Pradesh State Universitiesplet, 1973.

In exercise of the powers conferred by section 3 of the Uttar Pradesh 1996 State Legislature (Delegatien ef Pcwers) Act, 1995, the President is

pleased to enact at follows:—

I. (I) This Act. may be called the Uttar Pradesh State Universities Short title sod (Amendment) Act, 1996. commencement

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1 m, wfiwz, smart“! 4996 m-16,1917Wm _UTTAR PRADESH SARKAR ‘ vmnmn Autumnal—1 ' No. 33/Xv11-v-1'-1 (KM-43.1996 I Dated, Lucknow Januaryo, 1996 NOTIFICATION . MISCBIANEOUS _ , Tflef01!0wing Pzesident’s Acl enagted on January 6, 199615 published for general . ' _ informationi— . . .7 ~ , THE‘UT-I'AR PRADESH STATE UNIVERSITIES . .. . _ _, ’ . . _‘ , (AMENDMENT) ACT, 1996 ' : f ' (Pkrsmmr’s Ac: NO 40121996) , 'Elécte d by Prz;sid(nl in Il:e Forty—Sixth Year of [lye Republic ofIndirz . ’ Acr _ " ' ’ " j further to amend the[U11ar Pradesh State Unifi'etlsit/elchct, 1973. ; , 9 In exercise ofthc powars conferred by section 3 'of- the Uttar Pradesh I \ ,“1996 State Legislature (Delegation of Pcwers) Act 1995,1he President ‘is ‘ ' ‘ v ,9 , _' pleased to enact at follows- _. j, I (1) This Act. may be called the Uttar Pradesh State Universities Shanda: Ind ‘ , - (Amendment) Act,1996. mmm.

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(2) The provisons of clause (a), (5) and (d) of section 2 and sectioti 3, section 6, clause (a) of section 7, sections 8, 9, 10, Clause" (4) of section 11, and clause (b) of section 12, shall be deemed to have come into force on July 11, 1995, the provisions of clause (c) of section 4 shall be deemed to have come into force on August 25, 1995, the provisions of clause (c) of section 2, clauses (a) an(b) of se.ction 4, section 5, clause (b) of section 7, clause (b) of section 11, and clause (a) of section 12, shall be deemed to have coma into force on September 23, 1995 and the remaining provi- sions shall coma into force at onus.

• 2. In section 2 of the U:tar Prade;11 State Universities- Act, 1973,

hereinafter referred to as the principal Act,-

1(a) after;clause;(5-A) the following clause shall be inserted nanifFel ly:

"(5-B) 'Central Board of Studies means the Central Board of Studies referred to in section 18-B;";

after:clause (6), the following clause "shall be inserted, namely

"(6-A) 'Co-ordination Council' means the co-ordination Council constituted under section 18-A";

in clause (8) after the ward "Agra" the-Words "which shall from September 24, 1995 be called Doctor Bfrimrao Ambedkar University, Agra" and after the ward "Kanpur" the words

"which shall from S epternber 24, 19)5 be called Shri Shahu Ji Maharaj Uaiversity, Kanpur" shall be inserted.

eifterlclause j(9),Ithqollowing clause shall b.) !inserted, namely:-

"(9-A) 'faun lation coarse' means a course of greater aware less of oneself and of the social, cultural and natural environment,"

3. In section - 4 of the principal Act,- (a) in sub-section (1-A), in clause (b). for the words and figures

"which shall with effect from June 18, 1994 be called the Doctor Ram, Manohar Lohia University, Faizabad,", the following words and figures shall be substituted, namely:-

"which shall be called the Doctor Ram Ma nohar Lohia University. Faizabad with effect from June 18,1994, and the Doctor Ram Manohar Lohia Avadh University) Faizabad with effect from July 11, 1995;";

(h) in sub-section (2), citer the words "this Act" the words "which shall be balled Mahatma Gandhi Kashi Vidyapith, Varanasi with effect from July 11, 1995" shall be inserted.

4. In sectitin 5,:of the principal Act,:-

in sub-section (4) for tin words "Knelt. Uaiversity", the words "Shri Shahan Maharaj University, Kanpur" shall be substituted;

in sub-section(s) for the words "University of Agra or the Kanpur University", the words "Doctor Bhimrao Ambedkar University, Agra or Shri Shahu Ji Maharaj University, Kanpur" shall be substituted;

after sub-section (5), the followitu3 sub-section shall be inserted, namely:-

"(6) Notwithstanding anything ea itained in sub-section (I) or sub-section (1) of section 37, the institutions established or proposed to be established for imparting education or instruction in Western- Medical Science as defined in the Indian, Medical Degrees Act. 1916, engineering, technology or management anywhere in Uttar Pradesh may, subject to such directions as may be issued by the State Government in this behalf, be affiliated to any University.".

5. In section 7-A of the principal Act, for the words "the University of Agra or the Kanpur University,", the words "Doctor Bhimrao Ambedkar University, Agra or Shri Shahu Jr Maharaj University, K3npar," shall hi; substituted

Amendment of section 2 of the President's Act no. 10 of 1973 as amended and re- enacted by U. P. Act no. 29 of 1974

Amendment of section 4

Amendment of • section 5

Amendment of section 7-A

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Amendment of section 2 of the . President's Act no. 10 of 1913 as amended and re- enaCted by U. P.‘ Act no. 29 o! 1974 Amendment of seetion 4 Amendment 0! section 5 Amendment of section 7-A eat set—1 3111111112": were, dais—Iii." i 995 (2) The provisons of clause (a), (b) and ((1)0f section 2 and section 3, section 6 613.1153 (4) of section 7, sections 8 9, 10, clause (a, 01 section 11, and clause (.5) of sect1on 1,2 shall be deemed to have Come into fora: on July11,l995,the provisions of clause (0) of section 4 shall be deemed to have come into force on August 25 1995, the provisions of clause (c) ofseetion 2, clauses (z? and (b) qfse etion 4, se stion 5 clause (1;) of sect1on 7, clause ([2) section Ii ani clause (a) ot‘see'.‘ 1011 12 shall be cleaned to have come 1nto foi'ce o11 Septemb: r 23 1995 and the remaining provi' sions shall come into force at once. 2. Ins-3 cion 2 of th3 Uitar Pradesh State Universities Act, 1973, hereinafter referred to as the principal Act— ‘ - ya) afiergclause‘KS-A) the following clause shall b: inserted 111111131314 “(5- E) ‘Central Board of Studies’ means the Central Board ‘ of Studies referred to in section 18-13;”; (b) after clause (6), the following clause shall be inserted, namely 5—- “(6<A) ‘Co- ordination Council‘ means the [Co- ordination Council constituted under section 18-A”; (0) in clau‘1e(8) after the ward “Agra” the words “whiCh shall fromS: p 13111131124 1995 b; called Doctor Bhimrao Amb: dkar Univ: rsit‘y, Agra” and after the word “Kanpur" the Words “which shallfrorn Smtem‘jzr 2.1, 1995 be called Shri Shehu Ji Maharaj University, Kanpur”shall be inserted. (d) dfler}(§iau§€}(9)u 11thzit‘oliowing clause shallb1Eir1szrted, manly-— {At—mm “(9 -A) ‘foun iation course’ maans a course of greater 3 vare 1ess ofoneselfand ofth: social, cultural and nsturalenviionment " 3. In section 4 of the princ1pal Act (a) in sub- section (1- A)1 1n clause (bl. fortln words and figures “which shall with efl‘ect from June 18,1994 be called the D3 ctor Ram. Manohar Lohia University, Faizabad, ' , the follawing Words and figures shall be substituted, namely—m ' ' “which shall be called the Doctor Ram Ma nohar Lohia University. Faizabad w1th efiect from Jun218,1994, and the Doctor Ram Manohar Lohia Avadh University, Faizahad with effect from July 11, 1995;": (b)'1n sub-section (2), after the words “this Act” the words “which shall be called Mahatma Gandhi Kashi Vidyapith, Varanasi with effect from July 11,1995” shall be inserted. 4. In section 5; of the principal Act,'-— , (a) in 51111359110114) for the words “K1np1r University”, the words)“Shri Shihu J1 Miharnj University, Kanpur” shal! be substituted; (b) in sub- -se:tion(5) for the words “University of Agra or the KanpurUniversity", the words “Doctor Bh1n1rao Ambe dkar University, Agra or Shri Sh1hu Ii Maharaj University, Kanpur” shall be subs! ituted; ' (c) ‘after sub-section(51, the following sub-section shall be inserted, namely :— . . “(6) Notwithstanding anything 001tfli113d in subsection (1) or sub-section (1) of section 37, the institutions established or proposed to be established for implrting education or instruction in Western- Medical Science as defined in the Indian Medical Degrees Act. 1916, engineering, technology or mmagement anywhere in Uttar Pradesh may, subject to such directions as may be issued by the State Government in this behalf, be affiliated to any University”. 5.111 sectloz17-A of the pl'incipli Act, for the words “the University of Agra or the Kanpur Universitx',” , the words “Doctor Bhimrao Ambadkar University, Agra or $1111 Shahu Ji Mthamj University, Kanp1r,” shall be substituted

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6. In the p:ineipal Act, after Chapter IV, the following Chapter shall . be inserted, namely

iorsim"cHAPTER IV-A"

;CO-ORDINATION;COUNC1L AND CENTRAL:BOARD OriSTUDIES

Insertion of knew Charges

18-it. (I) Tien Shall be, a Coordination Council Which shall consist of ir. Co-ordination the Chancellor as its Chairman, and the' following other members, Council namely —. . .

. . (1). the Vice-Chancellors of. the Universities ; • • ...

Tr(ii) the Chairman of the ,Uttar Pradesh State Council of Higher Education

(iii) the Secretary to, .the State Government :•'in the Judicial pepartment; •

••• (iv) .the Secretary to} the.; State Government in the Finance . Department; . . . •

(v),the•StcretarV to:the: Governor ; 1 • '(vi) the Secee:ary to the StateTpoyernment in the Higher Education

' Department who shall be,ex-oricio of the Co-ordination Cduncil. . . • .. '('2) Sabject to the redamn:alations of, or guidelines issued by, the

- - University Grants Commission, the powers ani functions. of the Co-ordination COuticilishall•be as fotloWs, namely

— f '-t-.•• (a tot-per:ilia:wind co mtbn caursesof study for a Bachellor's:pegree;

(Otto recoinaiend in respect of the constitution of a Central Board 'olSttidIeslolthefoundation • course or . for each subject or group &Subjects ; - .

. • , - " ..

.. ' : (e) to recominend ways and Sans of co-operation:in academic pro-, . . . ,. ,gamnies atnongst the, I_Tniversities ;.

.

. (4) lo consider and recommend matters, of conimodjsinterest to: the ; . Universities: • •. . . ,

' . . . .

. (3) The Cat-cirdinetion Couitcil shall meet at Lucknotv or at such' othei .p. ace anda.f such intervals' as the Chancellor may determine. •

- . .

. . _184. (1) There shall be Central Board of Studiek3 fe'r the foundation Course pr such other subjects or group' of subjects as the Chancellor may, on -the recommendation of the, Co-ordination. Council,•by:ordtr direct.

-: • , The Central Board of Studies for the foundation course:shall consist

fr : _ • ..., . .. . . , (0 one teadher from eachUniVersity not below the rank of a Reader

.- ., or a Principal of an affiliated Or associated college, nominated . by:the . . Vice-Chancellor; and , • .

• . • .• - .

The Central Board of Studies for other subjects or group of subjects • shall consist Of— .

„: the Convenor, Board. of Studies of each University in respect of

the subject or group of subjects for which' the Central Board of Studies ig to be constituted :

• Provided that if a Univertity does not have a Board of Studies in the

subject or grOup of subjects, the Vice-Chancellor may nominate, any teacher not below the rank of a Reader in the UniVersity or a Principal of an affiliated or associated college; •

one Head of the DePaiiment in an affiliated or associated college Snominated by the Chancellor, .teaching the subject up to the post ' graduate level;

(iii) one Head of bepartment in an .affiliated or associated college nominated bythe Chancellor, teaching the' subject up to the degreelevel;

it:cl Central Board of Studies

, , . (ii) Fic6

. educationists who ale on t:se Eminent Professtatas list of the

'University Grants Commission nominated by the Chancellor on the recommendation of the Co-ordination Council.

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at - cashew aemmnefi; sheath—1995 - » ~ ., » a l . . ' - M 5. In the p: incipzl Act, after Chapter IV, the following Chapter shall Imminn of ._be inserted, namely :'I~iI . I ' Elwin Chopra" 1,,"Cnnran IV-A” ' CO- ORDINATION COUNCIL AND CENTRAL IBOARD OFESTUDIES . 18- A (l) The re shall be a Co-ordination Council Which shall consist of E mm the Chancellor as its Chairman, and the following other members, Council I-melyg;___ ____ . . (i) the Vice ChanCellors ofI the Universities; ' rm“;— '2”: _~’(ii) the Chairman _oi'the IUttar Pradesh State Council of Higher Education , I (iii) the Secretary to the State Government in the Judicial " ' Department; i . I _ (1v)I the Secretary to' the State Government in the) Finance .1 ’ " . '1, Department; . ' 1 ‘ . _ ~ (v) the- Secretary to “he Governor ; 3 -(vi) the Secre. IaIry to the State Government in the Higher Education '. Department who shall he I.-ex oj’icio of the Co- ordination Co’uncil. (2) Subject to the recomn: n-iations of, or guidelines issued by, the University Grants Commission, the powers and functions of the Co-ordinatron ICo'uricil' shall be as follows! namely: — v 1 :ncnd 'cornzn'an courses of study for a Bachellor’ s Degree; .. - , recommend in respect of the constitution ofa Central Board u es for the foundation course or IIror' each subject or groupI of‘subjects ;' . , . .. - V I “I 0 recommend ways and mean”; of co operation: in academic pro- grammes amongst the Universities , . , , . v (-4) to consider and recommend matters of commond interest to; the Universities. 1 - . . . -. (3) The C6T-o‘rdination Council shall meet at Lucknow or at such other idea andIIaIt suth intervals as the Chancellor may determine. . 18-13" (.1) There shall be Central Board of Studies} for the foundation {guano-at V Board course or such other subjects or group of subjects as the Chancellor may, on of Studies the recommendation ofth‘c Co- ordination Council“ by order direct. (2)I The Central Board of Studies for the inundation course‘ shall consist ' (i) one teacher from each University not belowthc rank of-a Reader or a Principal ofaIn affiliated or assoc1atcd college, nominated by the “co-Chancellor- a‘nd . ' _ - , (ii) Fiv'é education'ists who are on t.‘ e Eminent Professoi" slist of the I . University Grants Commission nominated by the Chancellor on the a, recommendation of the Co- ordination Council 1M .I - (3) The Central Board of Studies for other subjects or group of subjects I r% shall consist of_ . .. I , ’ W; :- JII ' I ‘7 (I) the Convener, Board of Studies ofcach University 1n respect of ‘- the subject or group of subjects for which: the CcntralBoard of Studies , I is' to be constituted: qProvided that ifa University docsnot have a Board of Studies In the subject or group of subjects, the Vice-Chancellor may nominate. any teacher not below the rank of a Reader in the University“ or a Principal ofan affiliated or associated college; ' (ii) one Head of the Department In an atfiliatcd or associated college nominated by the Chancellor,ItcaIching- the subject up to the poSt graduate level; '(iiiI) one Head of Department In an affiliated or assocntted college nominated bythe Chancellor, teaching the subject up to the degrcelcvegl;

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three experts on the subject who are on the Eminent Professor's list of the University Grants Commission, nominated by the Chancellor on the recommendation of the Co-ordination Council ;and •

two other experts on the subject from outside the State nominated by the Chancellor.

(4) The Chancellor shall nominate the Chairman of the Central Board of

Studies— -

for Foundation course from amongstithe members referred to in clause (i) of sub-section (2), and

for other subject or group of subjects, from amongst the memb..‘ri referred to in clauses (i) and (ii) of sub-section (3).

[(5) The constitution of the Central Board of Studies and the nomination of the Chairntan and the members thereon, other than en-etele members, shall be notified by the State Government.

(6) The term of the Central Board of Studies shall be three years from the date of notification referred to in sub-section (5) and the term of the Chairman and the members shall be co-terminous with it :

Provided that the term of office of a member nominated to fill a casual vacancy shall be for the Tenth:del of his T i(dem:0es tetra.

(7) Subject to the recommendations of, or guidelines issued by, the University Grants Commission, the functions of the Central Board of Studies

shall be as follows, namely subject to the recommendations of the Co-ordination Council and

the approval of the Chancellor, to prescribe the. courses of study and examinations, and the academic calander, and to recommend textbooks and other books for undergraduate level ;

to consider and report on any matter referred to it by the Co- ordination Council, or the Chancellor; and L(c) to perform such other functions consistent with this Act within

such time as the Chancellor may, by an order in writing, require it ti

perform.

(8) In carrying outLits functions, the Centia I Board of Studiesrmay:consult

such s experts also who are not its members.

(9) The recommendations of the Central Board of Studies approved by the Chancellor shall come into force in respect of all Universities - in the State with effect from the date as may be specified .by the Chancellor.

(10) The Chancellor may at any time suspend, modify or amend any decision of the Central Board of Studies on the ground that it does not fulfil the objectives set out in this section and may direct such Board to consider the matter afresh.!

18-C. The Uttar Pradesh State Council of Higher Eduta.tion constituted under the Uttar Pradesh State Council of Higher Education Act, 1995., shall provide secretarial assistance to ti e Co-ordination

Council and the

Central Boards of Studies.".

7. In section 20 of the principal Act,— (a) in sub-section (1), in clause (d), for the !words "Universities of Agra,

Gorakhpur, Meerut, Kumaun and Garhwal", the words "Universities of Agra . Gorakhpur, Kumaun, Kanpur, Rohilkhand and Bundelkhand and the Hemvati Nandan Bahnguna Garhwal University, the Chaudhary Charan Singh University, Meerut and the Doctor Rain Manohar Labia Avacill University, Faizabad" shall be substituted,

(p) in sub-section "(1), in daase (d), as so amended for the words

"Universities of Argu, Gorak brier 9 Kurnanu, Kanpur, Rohilkhancl and

Bundelkhand and the Hemvatinandan Balruguna Garhwal University, the Chaudhary Charan Singh University, Meerut and

the Doctor Ram

Manohar Lohia Avadh !University, faizabad", the words "Universities of

HO!

Secretarial assistance

Amendment of section 20

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Secretariat assistance Amendment of section 20 eat stirs: antiwar we, a waif, t 996 , ‘Mdflw ‘ (iv) three airports on the subject who are on the Eminent Professor's 11st of the Umverstty Grants Commission, nominated by the Chancellor on the recommendation ofthe Co-ordination Council ;and ‘mul'u‘ (v) No other cXperts on the subject from outSidethe State nominated by the Chancellor. ' (I?) The Chancellor shall nominate the Chairman ofthE'Central Board of Studies— . ‘ . i) for Foundation course from amongst‘lthe members referred to in clause (i) of sub-section (2), and > . (ii) for other subject or group of subjects, from amongst the membma referred to in clauses (i) and (ii) of sub-Scotland), {(5) The constitution of the Central Board of Studies and the nomination of the Chairman and the members thereon, other than caramel» members, shall be notified by the State Government. (6) The term of the Central Board of Studies shall be three year: from the date of notification referred to in sub-section (5) and the term of the Chairman and the members shall be co-termineus with it : Provided that the term of oificc of a member nominated to fill a casual vacancy shall be for the remainder of his rrtdeccsror’s term. (7).Subject to the recommendations of, or guidelines issued by, the University Grants Commission, the functions ot‘the Central Board of Studies shall be as follows. namely :— .(a) subject to the recommendations of the Co-ordinationCounciland ‘the approval of the Chancellor, to prescribe theeourses of study and examinations, and the academic calander, and to recommend text born“; and other books for undergraduate level ; - (b) to consider and» report on any matter referred to it by the Co- ordination Council, or the Chancellor; and {(c) to perform such other functions consistent with this Act within such time as the Chancellor may, by an order in writing,require it to perform. (8)1n carrying out’Lits functions, the Centr'alBoard of Studiesgmaylconsult such}: experts also who are not its members. (9) The recommendations vofthe Central Board of Studies approved . by the Chancellor shall come into force in respect ofall Universitiesin the State with effect from the date as may be specified-by the Chancellor. (10) The Chancellor may at any time suspend, modify or amend any decision ofthe Central Board of Studies on the ground that it does not fulfil the objectives set out in this section and may direct such Board to consider the matter afresh! 18-C. The Uttar Pradesh State Council of Higher Edutation constituted. under the Uttar Pradesh State Council of Higher Education _Act, 1995:, shall provide secretarial asststance to tie Co-ordination (ouncxl and the ‘ Central Boards of Studies.”. 7. In section 20 of the principal_Act,——- ‘ (a) in sub-section (1), in clause (d),for the Words “Universities of Agra, Gorakhpur, Meerut, Kumaun and Garhwal”, the Words “Universities of Agra _ Gorakhpur, Kumaun, Kanpur, Rohilkhand and Bundelkhand and the Hemvati Nandan Bahuguna Garhwal University,vthe Chaudhai'y. Charan Singh University, Meerut and the Doctor Ram Manohar Lohia Avadh University, Faizabad” shall be substituted. b) in sub-Section '(l), in claase (d), as so amended for the wards “Universrties of Argu, Gorakhder, Kumanu, Kanpur, Rohilkhand and Bundelkhand and the Hemvatinandan Bahnguna Garhwal University, the Chaudhary Charan Singh University, Meernt and the Doctor Ram Manohar Lohia Avadh-University, Faizabad", the words “Universities of

3t 5ftrr 9aRrtlf7T ire, 6 71qt, 1906 5

of Gorakhpur ' Kumau n, Ro hi Ikha nd and Sund elk ha nd and the Doctor

Kanpar, Hemvati minden Bahugu na Gar !twat University, the Chaudhary Shinn-no Ambedkar University, .Agra the Shahu Ji Ma hara j University,

Charan Singh University, Meerut and the Doctor Ram . Manohar Lo hia Avadh University, Fa izabad" shall be sabseitated •

• S. In section 26 of the principal Act,— in sub-section (Defter clause (a), the followingi claeses shall be

Amendment of section 26 Inserted, namely:—

."(aa) the Secretary to the State Government inthe Higher Education Department ;

(aaa) the Secretary to: the:lnState Government in the Finance Department ; •

after sub-section (1), as so amended, the following sub-section

shall be inserted, namely:— .

-

"(1-A) &member referred to in clause (aa) or clause (aaa) of sub- section (I) may, instead of attending any meeting of the Firm= Committee himself, depute an officer not below the rank of a Joint Searetary to the State Government and an officer so deputed shall also have the right to vote.";

after subsection (3), the following sub-section shall be inserted, namely:— • • • . •

"(4) Unless a proposal having financial implication has been recommended by the Finance Committee, the Executive Council shall not take a decision thereon, and if the Executive Council disagrees with the recommendations of the Finance Committee, it shall refer the proposal back ,to the Finance Committee With reasons for the disagreement and if the Executive Council again disagrees with the recommendation of the Finance Committee the matter shall be

-*referred „to the Chancellor whose decesion thereon shall be. final.".

,Insection 317A ofthe principal Act, for the words; "a Lecturer . or

Amendment of Beade'r in the ilniversity.substantively appointed under. section 31", the word section 31-A "a Lecturer in the University appointed under, section 31, or .a Reader in the University.appointed.under section 31 or promoted under this section" shall be :substituted. .. . . • .

Section 72-D of the principal Act shall be re-numbered as sub- Amendment of seation (I) thereof and, after, sub-section (I) as so re-numbered, thefollovting section 72-1) subsection shall be inserted,•namely;—• . . . .

"(2) With effect from July-h, 1995 Any reference to the UniVersity of Avadh,. or to the 'Doetor Ram Manohar Lohia University; Faizabad, in- this Act or ' any rules„ Statutes, Ordinance statutory instratents or any other law for the lima being in force.. or- in any document of proceedings shall be construed as a reference to the lioctcif Ram Manohar tohia Avadh • University, Faizabad.".•

11- (a) After.section 72-D of the principal Act, the following -section Insertion of new 'shall be inserted, 'namely ;—• section 72-E and

"72-E,,• With effect from Jul, II, 1995 any reference to the Kashi 72-F Itielyapith In this Act or any rules, statutes,

TransitorY PrOvi- • Ordinance statutory' instriiinents or any oilier 'sion on name • . . ' of the Kasbi Law for the time being in force or in any Vidyapith. document or proceedings shall be construed , • as a reference to the Mahatma Gandhi Kashi vidvanith. Varanasi.";

(b) after section 72-E as' so inserted, the' following- section shall be inserted, namely :--

"72-F. with effect frOrnSeptember24, 1995 any reference to the . Transitory Provi-. University of Agra and .Kanpur University in this sion on the name Act or any rules. Statutes, Ordinance, stet utory of the Universi- ties of. Agra and instruments or any other" law for the time being (.anpur. in force in any document or proceedings shall be

'construed as a reference to Doctor Bhimrao Ambedkar University, Agra and Sri ShahuJi Ma haraj University, Kanpur respectively.",

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'. (P; —-————————-—' i ' F ofGorakhpur, Kumaun, Rohilkhand and Bundclkhand and the Doctor 2 'Bhimruo-Ambedkar University, pgrathc Shahu Ji Maharaj University, Kanpar,HCmvatinandtti1Balmgunn Garhttal University, the Chaudhnry, Charan Singh University, Meerut and the Deator Ram ,M‘anohar Lohin 'Avadh University, Faizabad" shall be subsumed. ' ".' - 8. In section 26 ofthe principal Act, — (a) 1n sub-section (1) after clause (a), the following’ clauses Shall Be —~ln’s‘erted, _namély:— . .“(aa) the Secretary to the State Government inthe Higher Education Department; . (aaa) the Secretary to; the State Government in the Huang~ Department ; 1’; (b) after sub-section (1), as so amended, the following sub-section shall be inserted, namely:— _ “(-l -A) A member referred to in clause (aa) or clause (mm) of sub- ? - . ' _ section (1) may, instead of attending any meeting of the Finnnce also have the right to vote.” (c) after sub-section (3),t he following subsection shall be inserted ' namely- — i ’ “(4) Unlessa proposal having financial implication has been i ' recommended by the Finance Committee, the Executive Council shall I' § 3 .'. _ Secretary to the State Govc‘nment and an oflicer so deputed shall 1 with the recommendations of the Finance Committee, it shall refer dis_agreement and ifthe Executive Council again disagrees with the 7' recommendation oi“ the“ Fina‘n'ce Committee the matter shall be referred to the Chancellor whose decesion thereon shall he fiml.". 1 . 'I 9. In sect1on 31- A of-thc principal Act, jbr the words, “a Lecturer or 5 . 5 Rea‘de‘r in the University substantively appointed under- section 3]", the word 1 ‘ ‘. "a Lecturer in the University appointcdunder section 31, or a Rea der in the University appointed under section 31 or promoted under this se ction" shall be substituted 10. Section 72-D of the principal Act shall be re-numbercd as sub. _ , ,1 seetion (l) thereofand after sub-Section (l) as so re-numbcrcd,the following i , ‘ . sub-Section shall be inserted, namely- — _ ‘ _ , “(2) With effect from Julyll, 1995 any reference to the University ‘_‘ V , of Avadh,_ or to the Do'ctor Ram Manohar Lohia University; 1 Fnizabad, this- Act or ' any rules, , Statutes, Ordinance . ,or- in any document or‘ proceedings shall be construed as a reference to the Doctor Rain Manohar Lohia Avadh- University, Faizabad. ” ‘ . 11 (a) After section 72'-D ofthc principal Act, the following section 1 ' shallbe inserted, na'mcly ,— “72_-E._ W1tl1cfl‘ect from my ll, 1995 any reference to the Kashi L ' ' ' Vldyapflhin this Act orany rules, statutes . ‘ " , _Ir::s.‘1):ryproV1- Ordinancc, statutory instruments or any other, "of the Kashi Law for the time being in force or in any ,Vldyapith. document or proceedings shall be construed j . 1' " as a reference to the Mahatma Gandhi Kaslii Virlvnnith. . - Vnrnnasn" ' ' (b) after section 7245 as so inserted, the following section shall be 111 vcrred, namely: _. “72- F. Witt-1°“-c $303205; 11:21:11; University of Agra and Kanpur University in this or m Univmfi Act or anv rules, Statutes, Ordinti .ncc, statutory has at Arm and instruments or any other hw for the time bcirm~ Kanpur. ' in force in any document or proceedings shall he 'COnstrned as a reference to Doctor Bhimrao Ambcdltnr Universitv Agra and Sri Sha huJi Malmraj University, Kanpur respectively” ” Committee himself, dep‘ute an officer not below the rank of a Joint‘ not takc a decision thereon, and if the Executive Council disagrees ‘ the proposal hu'c'k to the Finance Committee with reasons for the, ‘ statutory instruments or any othcrlnw for the 'timd being 1n force. _ at from Septcntber24, 1995 any reference to the. Amendment of section 26 Aqtcndmcnt of mm!) 31-A Amendment of sccnon ’12-!) lnsertion of new Mllon 72-E and 72-F 1

e-)

3-ST San QRTEII1.7 nnZ, 6 1 996

Amendmetom 12. In the Schedule to the principal Act, in Column 2,— the schedule

Repeal and savings

against serial number 3, for the words "the University of Agra" the words "Doctor Bhimrao AmbedkarUniversity, Agra" and against serial number 5, for the words "The University of Kanpur", the words "Shri Shahu ji Maharaj university, Kalmar" shall be substituted;

against Serial number 10, for the words "Doctor Ram Manohar Lohia University, Faizabad", the Words "Doctor Ram Manohar Letitia Avadh University, Faizabad" shall be substituted.

O. (1) The Uttar Pradesh State Universities (Second Amendment) (Second) Ordinance, 1995 and the Uttar Pradesh State Universitieg (Third Amendment) Ordinance, 1995 are hereby repeated.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the Ordinances referred to in sub-section ) shall be deemed to have been done or taken under the corresponding provisions of the this Act.

SHANKER DAYAL SHARMA, President.

K. L. MOHANPURIA, , See etary to the Government of India.

Ordb,_ no.

19' and Ord no.

Rectsuns for the engctmod

With a view to ensuring standards of higher education,: the State Government decided to introduce the principle of "one curriculum-one examination" in the State Universities pertaining to general stndies With this aim in view a high level Committee, consisting of Vice- Chancellors of seven Universities and experts ;was constituted by the State Government. After the consideration of the recommendations of the said Committee, and for accomplishing the said object it

was

decided to amend the Uttar Pradesh State Universities Act, 1973 to provide, for the constitution of a "Co-ordination Council" under the Chairmanship of the Chancellor, the functions of. which should to be recommend, for the Universities of general studies, common course of study for the first degree course, to recommend ways, and means .

of co-operation and

co-ordination in respect of academic programmes amongst the Univer- sities and to make recommendations after consideration on matters of conimon interest of the Universities, and also to provide for the cons- titution of a Central Board of Studies for foundation course and other, subjects or group.of subjects which shall be constituted by the Chancellor on the recommendation of the said Co-ordination Council. Besides this, it was alSo decided to do away with the condition restricting teacher substantively appointed to the post of Lecturer or Reader to avail of the facility of personal promotion to the post of Reader or Professor respectively only once in his whole service after rendering a definite length of service and to change the names of "Doctor Ram IVIanobar Lohia University, Faizabad" and "Kashi Vidyapith, Varanasi" as "Doctor Ram Manohar Lohia Awadh University, Faizabad" and "Mahatma Gandhi Kashi Viclyapith, Varanasi" respectively.

2. To implement the said decisions, the Uttar Pradesh State Univer- sities (Second Amendment) Ordinance. 1995 (U. P. Ordinance No 28 of 1995) was promulgated by the Governor on July 11. 1995.

image5.tif

sat sin amen-m were, 6 email, 1 996 Amendment 0: - She Sahedule Repeal and swing: . 12. In the Schedule to the principal Act, in Column 2,—— (a) against serial number 3, for the words “the University of ' Agra” the words “Doctor Bhimrao AmbedkarUniversity, Agra? and against serial number 5, for the Words “The University of Kanpur”, the Words “Shri Shahu 3i Maharaj University, Kanpur” ~ shall be substituted; (b) against Serial number 10, for the words "Doctor Ram. Manohar Lohia University, Faizabad", the Words “Doctor Ram Manohar Bahia Avadh Universny, Faizabad” shall be substituted. 13. (l) The Uttar Pradesh State Universities (Second Amendment) (Second) Ordinance, 1995 and the Uttar ‘Pradesh State Universities (Third Amendment) Ordinance, 1995 are hereby repealed, (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the Ordinances referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the this Act. SHANKER'VDAYAL SHARMA, President. K. L. MdI-IANPURIA, . Seeretary to the Government of India. , "fi— . \ Ransom for the enactment With a view‘to ensuring standards of higher education,:the State Government-decided to intrbduce the principle of ”one curriculum-one examination” ‘in the State Universities pertaining” to general studies. ’ With this aim in vieW' a high level Committee, consisting of Vice- Chancellors of seven Universities and experts Was constituted by the State Government. After the consideration of the recommendations of the said Committee, and for accomplishing the said object it was decided to amend the Uttar Pradesh State Universities Act,V1973 to provide . for the constitution of a “Co-ordination Council” under the Chairmanship of the Chancellor, the functions of which should to be recommend, for the Universities of general studies; common course of study for the first degree course, "no recommend Ways: and means 'of «co-operation and co-ordination in respect of academic programmes amongst the Univer- ' sities and to make recommendations after consideration on matters of common interest of the Universities, and also to provide for the cons- titution of a Central Board of Studies for foundation course and other, subjects or group-of subjects which shall be constituted by the Chancellor on the recommendation of the said Co-ordination Council. Besides this, it was also decided to do away With the condition restricting teacher substantively appointed to the post of Lecturer or Reader to avail of ‘ the facility of personal promotion to the post of Reader or Professor respectively only once in his Whole service after V rendering a definite length of service and to change the names of ”Doctor Ram Manohar Lohia University, Faizabad" and “Kashi Vidyapith, Varanasi" as 5) "Doctor Ram Manohar Lohia AWadh. University, Faizabad" and . “Mahatma Gandhi Kashi Vidyapith. Varanasi" respectively. 2. To implement the said decisions, the Uttar Pradesh State Univer— sities (Second Amendment) Ordinance.'1995 (U. P. Ordinance No. 28 of 1995) was promulgated by the Governor on July 1]. 1995. u

..t 79v, srtg sorsintriT-As, 6 ge'r."1; 1 906

: 3. . Certain amendments in the provisions of the said Ordinance were wader consideration of the State Government and, therefore, the replacing

'. Bill thereof could not be introduced in the session of the. Uttar Pradesh State Legislature commencing on July 14, 1995. Since the provisions of the said Ordinance Would have ceased to remain operative after

25 _1995,Lit was decided to promulgate an Ordinance to keep _

the provisions of the said Ordinance in force with certain amendments

ch -.as to laroVide for the affiliation of the institutions established or proposed to be established for imparting education or instructions. in Weitern 'Medical Science, engineering, technology or management any-

i .Where n the Uttar Pradesh to any University subject to the directions ' :issued in this behalf by The State Government, removal of the condition --of the Tecommendationtof the Co-ordination Council for the nomination

of the Chairman of Central Board of Studies for foundation course and - other Central Boards .of Studies. , • - 4: . The Uttar Pradesh State Universities (Second Amendment)

(Second) Ordinance, 1995 (U.P.. Ordinance No.; 33 of 1995) was, -accordingly; .promulgated by the Governor on August 25, 1995.

;5. ..To perpetuate the memory of Bharat' ,Ratna Dr. Bhinirao ' Ainbedkax., an 'able Son of the . country, • jurist and social reformer and Shri Shahfr: ji Maharaj, a famous social worker, it was decided to change the nartze - oi.the thibiersity of Agra. and Kanpur. Uithersity as "Doctor Bliircirao Ambedkar University, Agra" and :1SIzri Shahu , Ji Maharaj University, Itanpur". respeaiVely. •

6. To impleinent . the said decision, the 'Uttar Pradesh State • Universities (Third .Amendmezit) Ordinance, 1995 (U. P. Ordinance . No. 37 of 1905) was psorimizated by the' CoyernOr on September 23, 1095. .

'7. The President: issued "5. proclamation on the 18th October, 1995 Under Article :356 'of the Constitution, in relation to the State of Uttar ..

` Pradesh,' declaring,: • inter alio.. that the powers of Legislature of the 'State Shall be exercised by ,or . under the authority of ParliaMent. Parliament' has, under -.Article 357(1) (a). of the Constitution, now &inferred oh the President, • the powers of the Legislature of

:the State of Uttar Pradesh. to Make laWs vide the Uttar Pradesh State -Legislature' (Delegation'of Powers) Act, 1995 (2 of 1996). , , 1,8. :The said Ordinances could not be replaced by an Act and the

Crdinance is expiring 'on 7th 'January. 1996. It is, therefore, decided that the said Ordinance shall be replaced by a President's Act. - • r-9. Under the proviso• to sub-seetiOn (2) of section '3 of the Uttar Pradesh State Legislature (Delegation of Powers) Act, .1995 (2 of 1996) the. President shall, ,before enacting any President's Act, consult a Committee constituted for the purpose consisting of the meMbers • of both the Houses of Parliament. As the said Committee has yet not been constituted and the matter is 'very urgent, it is proposed to enact the measure without reference to the said Committee.

qR 0 SO Tftg 277 Rt 0

P. R. DASGUPTA, Secretary to the Government of India.

By order. R. D. MATHUR,

prep/iv/di Sac/zip. (foaro)--(4 547 I 9 96 - -859 (ito)I I

image6.tif

\I saw, wan 332112111111 me, e 5113f}, _1 996 3. .cgmm amendments in the provisions of the said Ordinance were under consideration of the State Government and, therefore, the replacmg . Bill thereof could not be introduced in the session of the Uttar Pradesh . ! State Legislature commencing on July 14 1995 Since the provisions _" ‘of the said Ordinance would have ceased to remain operative after . -25,_1995,_'it_was_d_egided_ to promulgate an Ordinance to keep 1 .. _ .th'eprovisions of 'the said-Ordinance in force with certain amendments "' ’ c'hsas to’pr'o‘vide for the affiliation of the institutions estabhshed or ' ‘ " proposed to be established for imparting education or instructions in Western Medical Science, engineering, technology or management any- . ‘ where in the Uttar Pradesh to any University subject to the directions ‘ 31‘ I 'issued in this behalf by the State Government, removal of the condition ‘ " "oi:i the recommendation of the (fa-ordination Council for the nomination , , _of the Chairman of Central Board of Studies for foundation course and -other Central Boards of Studies. 1 . - -_. ‘ 4. The Uttar Pradesh State Universities (Second Amendment) ‘ -‘ ‘f . (Second) Ordinance, 1995 (U. P. Ordinance No.‘. 33 of 1995) was, . ‘1‘ _~accordingly, promulgated by the Governor on August 25,1995. _ , f . . J 5. .To perpetuate the memory of Bharat .Ratna Dr. Bhimrao I ~A'm’bedkar... an able son of the country, jurist and social reformer and .‘ Shri Shahn i Maharaj a famous social worker. it was decided to change ‘ ' ’ the names of the University of Agra. and Kanpur- University as "Doctor Bhimrao Ambedkar University, Agra” and "Shri Shahu .Ti Maharaj w~~m«~» - ._ " ”—7Univers1ty Kanpur” respectively. _ 6. To implement the said_ decision the'Uttar Pradesh State ' 1‘ - .Universities (Third :Amendmen't) Ordinance 1995 (U. P. Ordinance . No 37 of 1995) was psomulgated by the Governor on September 23. . 1995. ,, ., . . . 7'” “wi’v‘”! ., . 7 The President issued a proclamation on the 18th October 1995 ‘ ‘ ' ‘ under Article 356 of the Constitution, in relation to the State of Uttar . Pradesh,dec1aring,= inter alia, that the powers of Legislature of the E ‘ 'State “shall be exercised _by or. under the authority of Parliament. ‘11... Parliament has under- -Article 357(1) ((1) of the Constitution. now ‘ .n Conferred on the President.” the powers of the Legislature of .. » ."the State of Uttar Pradesh to make laws wide the Uttar Pradesh State ,1 . , legislature (Delegation of Powers) Act 1995 (2 of 1996) ,1 2: . - - ’ 1.8. The said Ordinances could not be replaced by an Act and the - . Ordinance is expiring on 7th January. 1996. It i: therefore, decided that the said Ordinance shall be replaced by a President’: Act ; ‘ -' - 9 Under the proviso to sub- sectiOn (2) of section 3 of the Uttar ‘ IxPradesh State Legislature (Delegation of Powers) Act 1995 (2 of 1996) . 1' the. President shall before enacting any President’s Act, consult a , Committee constituted for the purpose consisting of the members ' 1“ . of both the Houses of Parliament. As the said Committee has vet not " Egan constituted and the matter is very urgent it is proposed to enact e measure without reference to the said Committee. ' ._ .. - . P. R. DASGUPTA ;- , _ . Secretary to the Government of India. ' 4. '_ By order. ~ R. ,D. MATHUR,‘ Pl'amukll Sac/11v. )——1996-—850 ($50)]: INHL-v—I‘ Absan 1n—ar— ...___,__._._ m can a_o'w‘to’~-on fin 2. 77 W0 (fasto')-—(4547

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