UTTAR PRADESH STATE UNIVERSITIES (AMENDMENT) ACT, 2013

UTTAR PRADESH STATE UNIVERSITIES (AMENDMENT) ACT, 2013

Preamble - THE UTTAR PRADESH STATE UNIVERSITIES (AMENDMENT) ACT, 2013

THE UTTAR PRADESH STATE UNIVERSITIES (AMENDMENT) ACT, 2013[1]

[Act No. 10 of 2013]

PREAMBLE

An Act further to amend the Uttar Pradesh State Universities Act, 1973

It is hereby enacted in the Sixty-fourth Year of the Republic of India as follows--

Prefatory Note--Statement of Objects and Reasons.--The State University existed in District Allahabad has been given the status of the Central University as such there exists no State University at present in the District of Allahabad due to which the students of adjoining area are facing difficulties in getting higher education. Similarly, there is no University in district Siddharth Nagar which is birth place of the father of Lord Gautam Buddha, and the students of adjoining area are also facing difficulties in getting higher education. With a view to facilitating the people of adjoining areas of Allahabad and Siddharth Nagar to provide higher education to their children without any difficulty, it has been decided to establish the State Universities one each in the said districts by the name of the Allahabad State University, Allahabad and the Siddharth University, Kapilvastu, Siddharth Nagar respectively by amending the Uttar Pradesh State Universities Act, 1973.

The Uttar Pradesh State Universities (Amendment) Bill, 2013 is introduced accordingly.

Section 1 - Short title

This Act may be called the Uttar Pradesh State Universities (Amendment) Act, 2013.

Section 2 - Amendment of Section 4 of President Act No. 10 of 1973 as amended and re-enacted by U.P. Act No. 29 of 1974

In Section 4 of the Uttar Pradesh State Universities Act, 1973, hereinafter referred to as the principal Act, in sub-section (1-A), after clause (e), the following clauses shall be inserted, namely--

"(f) a University to be known as Siddharth University, Kapilvastu, Siddharth Nagar;

(g) a University to be known as Allahabad State University, Allahabad;".

Section 3 - Amendment of Section 50

In Section 50 of the principal Act, after sub-section (1-B), the following sub-sections shall be inserted, namely--

"(1-C) Until the First Statutes of the Siddharth University are made under this section, the Statutes of the University of Gorakhpur, as in force immediately before the establishment of the said University shall apply to it subject to such adaptations and modifications as the State Government may, by notification, provide.

(1-D) Until the First Statutes of the Allahabad State University, Allahabad are made under this section, the Statutes of the Chhatrapati Shahu Ji Maharaj University, Kanpur as in force immediately before the establishment of the said University shall apply to it subject to such adaptations and modifications as the State Government may, by notification, provide.".

Section 4 - Amendment of Section 52

In Section 52 of the principal Act, after sub-section (2-A) the following sub-sections shall be inserted, namely--

"(2-B) Until the First Ordinances of the Siddharth University are made under subsection (2), the Ordinances of the University of Gorakhpur, as in force immediately before the establishment of the said University, shall apply to it subject to such adaptations and modifications as the State Government may, by notification provide.".

"(2-C) Until the First Ordinances of the Allahabad State University, Allahabad are made under sub-section (2), the Ordinances of the Chhatrapati Shahu Ji Maharaj University, Kanpur, as in force immediately before the establishment of the said University, shall apply to it subject to such adaptations and modifications as the State Government may, by notification provide.".

Section 5 - Amendment of Schedule

In the Schedule to the principal Act,--

(a)      for the entries appearing at Serial Nos. 3, 4 and 6 of the following entries shall be substituted, namely--

(b)      ?After the Serial No. 11, the following serials shall be inserted, namely--

Section 6 - Removal of difficulties

(1)     The State Government may, for the purpose of removing any difficulty in relation to the establishment of the Siddharth University, Kapilvastu, Siddharth Nagar and Allahabad State University, Allahabad by order published in the Gazette, direct that the provisions of the principal 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 two years from the date of commencement of the Uttar Pradesh State Universities (Amendment) Act, 2013.

(2)     ?Every order made under sub-section (1) shall be laid before both the Houses of 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.