The Uttar Pradesh State Universities
(Amendment) Act, 1996[1] [PRESIDENT'S
ACT NO. 4 OF 1996] An Act further to amend the
Uttar Pradesh State Universities Act, 1973 In exercise of the powers
conferred by Section 3 of the Uttar Pradesh State Legislature (Delegation of
Powers) Act, 1995 (2 of 1996), the President is pleased to enact as follows :—
Reasons for the enactment.—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 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, 1973 to provide for the constitution of a
"Co-ordination Council" under the Chairmanship of the Chancellor, the
functions of which should be to recommend, for the Universities of general
studies, common course of study for the first degree course, to recommend ways
and means of cooperation and co-ordination in- respect of academic programmes
amongst the Universities and to make recommendations after consideration on
matters of common interest of the Universities, and also to provide for the
constitution 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 Manohar Lohia University, Faizabad" and
"Kashi Vidyapith, Varanasi" as "Doctor Ram Manohar Lohia Avadh
University, Faizabad" and "Mahatma Gandhi Kashi Vidyapith,
Varanasi" respectively. 2. To implement the said
decisions, the Uttar Pradesh State Universities (Second Amendment) Ordinance,
1995 (U.P. Ordinance No. 28 of 1995) was promulgated by the Governor on July
11, 1995. 3. Certain amendments in the
provisions of the said Ordinance were under 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 August 25, 1995, it was decided to promulgate Ordinance to keep
the provisions of the said Ordinance in force with certain amendments such as
to provide for the affiliation of the institutions established or proposed to
be established for imparting education or instructions in Western Medical Science,
engineering, technology or management anywhere in Uttar Pradesh to any
University subject to the directions issued in this behalf by the State
Government, removal of the condition of the recommendation of 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
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. Bhimrao Ambedkar, an able son of the country, jurist and
social reformer and Shri Shahu Ji 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 Ji
Maharaj University, Kanpur" respectively. 6. To implement the said
decision, the Uttar Pradesh State Universities (Third Amendment) Ordinance,
1995 (U.P. Ordinance No. 37 of 1995) was promulgated by the Governor on
September 23, 1995. 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, declaring, inter alia, 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
conferred on 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). 8. The said Ordinance could
not be replaced by an Act and the Ordinance is expiring on 7th January, 1996.
It is, therefore, decided that the said Ordinance shall be replaced by a
President's Act. 9. Under the proviso to
sub-section (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. (1)
This Act may be called the Uttar Pradesh
Universities (Amendment) Act, 1996. (2)
The provisions of clauses (a), (b) and (d) of
Section 2 and Section 3, Section 6, clause (a) of Section 7, Sections 8, 9, 10,
clause (a) 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) and (b) of Section 4, Section 5, clause
(b) of Section 7, clause (b) of Section 11, and clause (a) of Section 12 shall
be deemed to have come into force on September 23, 1995 and the remaining
provisions shall come into force at once. NOTES Commencement of Act.—There
are two ways of the laws coming into operation. One way that in the law itself
it is laid down that it shall come into force on a particular day. If that is
not provided in the Act, then the Act comes into operation on the date of
assent. Chandrasekhar Singh v. Slate of Orissa, (1967) 33 Cut LT 263. In Section 2 of the Uttar
Pradesh State Universities Act, 1973 (hereinafter referred to as the principle
Act),— (a)
after clause (5-A), the following clause
shall be inserted, namely :— ‘(5-B)
"Central Board of Studies" means the Central Board of Studies
referred to in Section 18-B;'; (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;'; (c)
in clause (8), after the word
"Agra", the words "which shall from September 24, 1995 be called
Doctor Bhimrao Ambedkar University, Agra" and after the word
"Kanpur" the words "which shall from September 24, 1995 be called
Shri Shahu Ji Maharaj University, Kanpur" shall be inserted; (d)
after clause (9), the following clause shall
be inserted, namely :— '(9-A)
"foundation course" means a course of greater awareness of oneself
and of the social, cultural and natural environment.'. 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 Manohar Lohia University, Faizabad with effect from June 18,
1994, and the Doctor Ram Manohar Lohia Avadh University, Faizabad with effect
from July 11, 1995;"; (b)
in 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. In Section 5 of the
principal Act, — (a)
in sub-section (4) for the words "Kanpur
University", the words "Shri Shahu Ji Maharaj University,
Kanpur" shall be substituted; (b)
in sub-section (5) 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; (c)
after sub-section (5), the following
sub-section shall be inserted, namely :— “(6)
Notwithstanding anything contained in
sub-section (1) 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.". 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 Ji Maharaj University, Kanpur", shall be substituted. In the principal Act, after
Chapter IV, the following Chapter shall be inserted, namely :— "CHAPTER
IV-A" CO-ORDINATION COUNCIL AND CENTRAL BOARD OF STUDIES 18-A.
Co-ordination Council.— (1)
There shall be a Co-ordination Council which
shall consist of the Chancellor as its Chairman, and the following other
members, namely :— (i)
the Vice-Chancellors of the Universities; (ii)
the Chairman of the Uttar Pradesh State
Council of Higher Education; (iii)
the Secretary to the State Government in the
Judicial Department; (iv)
the Secretary to the State Government in the
Finance Department; (v)
the Secretary to the Governor; (vi)
the Secretary to the State Government in the
Higher Education Department who shall be ex officio of the Co-ordination
Council. (2)
Subject to the recommendations of, or
guidelines issued by, the University Grants Commission, the powers and
functions of the Co-ordination Council shall be as follows, namely:— (a)
to recommend common courses of study for a
Bachelor's Degree; (b)
to recommend in respect of the constitution
of a Central Board of Studies for the foundation course or for each subject or
group of subjects; (c)
to recommend ways and means of cooperation in
academic programmes amongst the Universities; (d)
to consider and recommend matters of common
interest to the Universities. (3)
The Co-ordination Council shall meet at
Lucknow or at such other place and at such intervals as the Chancellor may
determine. 18-B.
Central Board of Studies.— (1)
There shall be Central Board of Studies for
the foundation course or such other subjects or group of subjects as the
Chancellor may, on the recommendation of the Co-ordination Council, by order,
direct. (2)
The Central Board of Studies for the
foundation course shall consist of — (i)
one teacher from each University not below
the rank of a Reader or a Principal of an affiliated or associated college,
nominated by the Vice-Chancellor; and (ii)
five educationists who are on the Eminent
Professors’ lists of the University Grants Commission nominated by the
Chancellor on the recommendation of the Co-ordination Council. (3)
The Central Board of Studies for other
subjects or group of subjects shall consist of— (i)
the Convenor, Board of Studies of each
University in respect of the subject or group of subjects for which the Central
Board of Studies is to be constituted: Provided that if a
University 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; (ii)
one Head of the Department in an affiliated
or associated college nominated by the Chancellor, teaching the subject up to
the post-graduate level; (iii)
one Head of Department in an affiliated or
associated college nominated by the Chancellor, teaching the subject up to the
degree level; (iv)
three experts on the subject who are on the
Eminent Professors' list of the University Grants Commission, nominated by the
Chancellor on the recommendation of the Co-ordination Council; and (v)
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,— (i)
for foundation course from amongst the
members referred to in clause (i) of subsection (2), and (ii)
for other subject or group of subjects, from
amongst the members 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 Chairman and the members thereon, other than
ex officio 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 coterminous with it: Provided that the term of
office of a member nominated to fill a casual vacancy shall be for the
remainder of his predecessor's term. (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 :— (a)
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 calendar, and to recommend
text books and other books for undergraduate level; (b)
to consider and report on any matter referred
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)
In carrying out its functions, the Central
Board of Studies may consult such 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.
Secretarial assistance.—The Uttar Pradesh State Council of Higher Education
constituted under the Uttar Pradesh State Council of Higher Education Act,
1995, shall provide secretarial assistance to the Co-ordination Council and the
Central Boards of Studies." In Section 20 of the
principal Act, — (a)
in sub-section (1), in clause (d), for the
words "Universities of A'gra, Gorakhpur, Meerut, Kumaun and Garhwal",
the words "Universities of Agra, Gorakhpur, Kumaun, Kanpur, Rohilkand and
Bundelkhand ,and the Hemvati Nandan Bahuguna Garhwal University, the Chaudhary
Charan Singh University, Meerut and the Doctor Ram Manohar Lohia Avadh
University, Faizabad" shall be substituted. (b)
in sub-section (1), in clause (b) as so
amended, for the words "Universities of Agra, Gorakhpur, Kumaun, Kanpur,
Rohilkand and Bundelkhand and the Hemvati Nandan Bahuguna Garhwal University,
the Chaudhary Charan Singh University, Meerut and the Doctor Ram Manohar Lohia
Avadh University, Faizabad", the words "Universities of Gorakhpur,
Kumaun, Rohilkhand and Bundelkhand and the Doctor Bhimrao Ambedkar University,
Agra, the Shahu Ji Maharaj University, Kanpur, the Hemvati Nandan Bahuguna
Garhwal University, the Chaudhary Charan Singh University, Meerut and the
Doctor Ram Manohar Lohia Avadh University, Faizabad" shall be substituted. In Section 26 of the
principal Act, — (a)
in sub-section (1), after clause (a), the
following clauses shall be inserted, namely:— "(aa)
the Secretary to the State Government in the Higher Education Department; (aaa)
the Secretary to the State Government in the Finance Department;"; (b)
after sub-section (1), as so amended, the
following sub-section shall be inserted, namely:— "(1-A)
A member referred to in clause (aa) or clause (aaa) of sub-section (1) may,
instead of attending any meeting of the Finance Committee himself, depute an
officer not below the rank of a Joint Secretary to the State Government and an
officer so deputed shall also have the right to vote."; (c)
after sub-section (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 decision thereon
shall be final.". In Section 31-A of the
principal Act, for the words "a Lecturer or Reader in the University
substantively appointed under Section 31", the word "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 renumbered as sub-section (1) thereof and after sub-section
(1) as so re-numbered, the following sub-section shall be inserted, namely :— "(2)
With effect from July 11, 1995 any
reference to the University of Avadh, or to the Doctor Ram Manohar Lohia
University, Faizabad, in this Act or any rules, statutes, Ordinance, statutory
instruments or any other law for the time being in force or in any document or
proceedings shall be construed as a reference to the Doctor Ram Manohar Lohia
Avadh University, Faizabad.". (a)
After Section 72-D of the principal Act, the
following section shall be inserted, namely :— "72-E.
Transitory provision on the name of the Kashi Vidyapith.—With — effect from
July 11, 1995 any reference to the Kashi Vidyapith in this Act or any rules,
statutes, Ordinance, statutory instruments or any other law for the time being
in force or in any document or proceedings shall be construed as a reference to
the Mahatma Gandhi Kashi Vidyapith, Varanasi."; (b)
after Section 72-E as so inserted, the following
section shall be inserted, namely :—-. "72-F.
Transitoiy provision on the name of the Universities of Agra and Kanpur.—With
effect from September 24, 1995 any reference to the University of Agra and
Kanpur University in this Act or any rules, statutes, Ordinance, statutory
instruments or any other law for the time being in force in any document or
proceedings shall be construed as a reference to Doctor Bhimrao Ambedkar
University, Agra and Shri Shahu Ji Maharaj University, Kanpur respectively.". 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 Ambedkar
University, Agra" and against serial number 5, for the words 'The
University of Kanpur", the words "Shri Shahu Ji 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 Lohia Avadh University, Faizabad" shall be
substituted. (1)
The Uttar Pradesh State Universities (Second
Amendment) (Second) Ordinance, 1995 (U.P. Ordinance No. 33 of 1995), and the
Uttar Pradesh State Universities (Third Amendment) Ordinance, 1995 (U.P.
Ordinance No. 37 of 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 this Act. [1] Enacted by the
President on January 6, 1996 and published in the Gazette of India, Extra.,
Part II, Section 1, dated 6th January, 1996, pp. 1-8, No. 13The
Uttar Pradesh State Universities (Amendment) Act, 1996