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Section 48: Ordinance, how to be made

The Bhatkhande Sanskriti Vishwavidyalaya Act, 2022State Act of Uttar Pradesh · Act 2 of 2022

48.(1) The first Ordinances shall be made by the State Government. Thereafter, Ordinances shall be made by the Executive Council with consent of the Chancellor.

(2) In the case of the existing University, for so long as the First Ordinances are not so made, the Ordinances of the University of Lucknow as in force immediately before the commencement of this Act, insofar as they are not inconsistent with the provisions of this Act, shall apply, subject to such adaptations and modifications as may be necessary or expedient, as the State Government may, by notification in the Gazette provide:

Provided that for the purpose of making the provisions of any such Ordinances in consonance and accordance with the provisions of this Act and the Statutes, the Chancellor, may by order, make 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, 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.

(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 unless a draft of such Ordinance 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 consented by 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 disallowance, 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.

Where this provision sits

ActThe Bhatkhande Sanskriti Vishwavidyalaya Act, 2022
Section48
Marginal noteOrdinance, how to be made
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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