CANNING
COLLEGE ACT, 1922 THE CANNING COLLEGE
ACT, 1922[1] [ Act No. 7 of 1922] [29th April, 1922] Adopted and modified by the Adaptation
of Laws Order, 1950 An Act to merge the
Canning College in the University of Lucknow and to transfer all the property
and liabilities of the Canning College to the University of Lucknow. Whereas
by the Lucknow University Act, 1920, the University of Lucknow was constituted
and founded at Lucknow with power to confer decrees and other distinctions and
whereas the Canning College situate at Lucknow, hereinafter referred to as
"the Canning College" has under section 46 of the said Act ceased to
be a College affiliated to the University of Allahabad, and whereas the Governing
Body of the Canning College are desirous and it is expedient that the Canning
College should be merged in the University of Lucknow and maintained as a
College, and that all its property and liabilities should be transferred to and
vested in the University of Lucknow, hereinafter referred to as "the
University", and whereas the previous sanction of the Governor-General has
been obtained under sub-section 80-A of the Government of India Act; It is
hereby enacted as follows :-- This
Act may by called The Canning College Act, 1922. From
the commencement of this Act the Canning College shall be and become by virtue
of this Act a College maintained by the University, and all property movable
and immovable of every description and all endowments, rights and privileges of
the Canning College which immediately before that date belonged to or were
vested in that College shall, by virtue of this Act without any conveyance or
other instrument be transferred to and vested in the University, and shall be
applied to the objects and purposes of the Canning College as a College
maintained by the University. From
the commencement of this Act, all debts and liabilities of the Canning College
shall by virtue of this Act be transferred and attached to the University, and
shall thereafter be discharged and, satisfied by the University. All
agreements, articles, contracts, deeds and other instruments and all actions
and all proceedings and causes of action or proceedings which immediately
before the commencement of this Act were existing or pending in favour of or
against the Canning College shall continue and may be carried into effect
enforced or prosecuted by or in favour of or against the University to the same
extent and in like manner as if the University instead of the Canning College
had been party to or interested in the same respectively. (1) The University shall by agreement with the
Governing Body of the Canning College as constituted immediately before the
commencement of this Act adjust and settle and questions arising with respect
to any endowments, powers, privileges authorities, debts, liabilities,
obligations or expenses in which the parties to the agreements are interested
and also with respect to any other College matters. (2) An agreement under this section may provide for the
transfer, retention, division, apportionment or commutation of any endowments,
property, debts, liabilities or obligations and for payment being made by
either party to the other in respect of any such transfer, retention, division
or apportionment or commutation or in respect of the salary or remuneration of
any officer of person and generally may make as between the parties to the
agreement any provisions necessary or proper for carrying into effect the purposes
of this Act. (3) In default of agreement on any such question as
aforesaid or so far as such agreement does not extend, the question shall be
referred to a Board to Arbitration consisting of (1) the Minister of Education,
(2) one representative of the University, (3) one representative of the British
Indian Association of Oudh, on the application of either party and their award
may provide for any matter for which any agreement might have provided. Every
such reference shall be deemed to be a submission to arbitration within the
meaning of the Indian Arbitration Act, 1899,[2] and
all the provisions of that Act, with the exception of section 2 thereof, shall
apply accordingly : Provided
that nothing in this section shall be deemed to affect the provisions of
section 6 of the Canning College and British Indian Association Contribution
Act, 1920. All
Professors and other members of and persons attached to or associated with the
teaching staff of the Canning College and all salaried or paid officers and
servants of the Canning College shall hold as nearly as practicable the same
offices and places in the College as they held in the said College immediately
before the commencement of this Act upon the same terms and conditions unless
and until the University shall subject to the provisions of section 4,
otherwise decided. Any
power or right of the Government of [3]
[Uttar Pradesh] or any power or right of the British Indian Association of Oudh
as such to be represented on the Governing Body of the Canning College shall
from the commencement of this Act be transferred to and may be exercised by the
University : Provided
that upon any Board of Management of the Canning College appointed by the
University under section 25 of the Lucknow University Act, 1920, not less than
one-half of the members shall be persons who are members of the court of the
University and are also members of the British Indian Association of Oudh. Nothing
in this Act shall be deemed to affect the liability of persons named in section
3 of the Canning College and British Indian Association Contribution Act, 1920,
to contribute in accordance with the provisions of that Act for the maintenance
and support of the Canning College as a College maintained by the University.
Preamble - THE CANNING COLLEGE ACT,
1922PREAMBLE