If, due to any reason whatsoever, the Court, Academic Council or any other body of the University has not been constituted, it would be lawful for the Executive Council to exercise the duties of the bodies or authorities not constituted, and no action of the University shall be invalid merely because of certain defect in the constitution or procedural irregularity in the functioning of any of its bodies.]
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1. Section 49 inserted vide H.P. Act No. 2 of 1984, effective from 28th October,
1983.
2. Sub-section (2) inserted vide H.P. Act No. 2 of 1986, effective from 28th November, 1985.
3 . Section 50 inserted vide H.P. Act No. 2 of 1986, effective from 28th November,
1985.
30 THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 THE HIMACHAL PRADESH UNIVERSITY (AMENDMENT) ACT, 1983 ARRANGEMENT OF SECTIONS Sections:
1. Short title and commencement.
2. Insertion of new section 9-A.
3. Substitution of section 12 and insertion of sections l2-A, 12-8, and 12-C.
4. Amendment of section 19
5. Substitution of section 21
6. Amendment of section 22
7. Amendment of section 39
8. Amendment of section 40.
9. Substitution of section 41.
10. Insertion of section 49.
11. Reconstitution and continuation of members of the authorities of the University.
12. Power to remove difficulties.
13. Repeal and Savings.
_____________ THE HIMACHAL PRADESH UNIVERSITY (AMENDMENT) ACT, 1983 (ACT NO. 2 OF 1984)1 [Received the assent of the Governor, Himachal Pradesh on the 23rd January, 1984 and was published in the Rajpatra, Himachal Pradesh (Extraordinary), dated the 28th January, 1984 at page 121-127] An Act further to amend the Himachal Pradesh University Act. 1970 (Act No. 17 of 1970).
BE it enacted by the Legislative Assembly of the Himachal Pradesh in the Thirty-fourth Year of the Republic of frd1a as follows:-
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh University (Amendment) Act, 1983.
(2) It shall be deemed to have come into force on the Twenty-eighth day of October, 1983.
1. For the Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 24th December, 1983, p. 1270.
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 31 [Sections 2 to 10 of the Act incorporated in the principal Act] TRANSITORY PROVISIONS
11. Reconstitution and continuation of members of the authorities of the University.- (l) Notwithstanding anything contained in the principal Act, as amended by this Act, the Court, the Executive Council and the Academic Council of the University shall, as soon as may be after the commencement of this Act, be reconstituted in accordance with the provisions contained in sections 19, 21 and 22 of the principal Act, as amended by this Act, and every person holding office as a member of such authority immediately before the commencement of this Act shall, on the date or such commencement, cease to be member and the said authorities shall stand dissolved.
(2) As soon as may be after the commencement of this Act, the State Government shall constitute interim Court, Executive Council and Academic Council of the University in such manner as it thinks fit and the members of the said authorities constituted under this sub-section shall hold office for a period of six months or until the constitution of the authorities in accordance with provisions of sections 19, 21 and 22 of the principal Act, as amended by this Act, whichever is earlier.
12. Power to remove difficulties.- (1) The State Government may, for the purpose of removing all difficulty, by order published in the Official Gazette, direct that the provisions of the principal Act, as amended by this Act, shall during such period as may be specified in the order, have effect subject to such adaptations whether by way of modification, addition or omission as it may deem to be necessary or expedient:
Provided that no such order shall be made after the expiry of a period of six months from the commencement of this Act.
(2) Every order made under sub-section (I) shall be laid before the State Legislature.
(3) No order under sub-section (1) shall be called in question in any court on the ground that no difficulty as is referred to in sub-section (1) existed or required to be removed.
13. Repeal and savings.- (1) The Himachal Pradesh University (Amendment) Ordinance, 1983 (6 of 1983) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act, as if the Act was in force on the day on which such thing was done or such action was taken.