The Utkal University (Taking over of Management) Act, 1975

 
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The Utkal University (Taking over of Management) Act, 1975 
 
Act 7 of 1975 
 
 
 
 
 
 
 
 
Keyword(s): 
Administrator, University, University Act, Vice-Chancellor 
 
 
OKTSSA ACT 7 OF 1975 
WE UTKAL UNIVERSITY (TAKlNG OVER OF MANAGEMENT) ACT, 19'4 
CONTENTS 
PREAMBLE 
I. Short title and comrncncemcnt 
2. Definitions 
3. Administrator to take over management of the affairs of the University 
4. Effect of notified order issued under section 3 
5. No right to compensation for termination of ofice 
6. Application of the University Act 
7. Duty to delivet possession of property and documents 
8. Overriding effect of the Act 
9. Power of State Government to givc directions 
10. Administrator to take steps for reconstitutioa of the authorities 
1 I. Repeal and savings 
ORIsSA ACT 7 OF 1975 
I,'rME UTKAL UNIVERSITY (TAKING OVER 
OF MANAGEMENT) ACT, 19741 
-- 
[Received the assent of the Governor on the 
10th Jamuury 1975, first published in an 
extraordinary issue of /he Orissa 
Gazette, dared the 16th Janudry 19751 . 
AN ACT PROVIDE FOR THE TARING OVER OF THE 
,., 
MANAGEMENT OF THE AFFAIRS OF TH3 UTKAL 
UNIVERSITY FOR A LIMITED PERIOD IN ORDER ' 
TO SECURE PROPER MANAGEMENT OF 
THE SAME 
' 
BE it enacted by the Legislature of the Stato of 
Orissa in the Twenty-fifth Year of the Republic of 
India as follows:- 
' ,I. (I) This Act, may be called the Utkal* Univer- short titlc 
sity (Taking Over of Management) Act, 1974. and corn- 
1 J 
mencerns*). 
(2) It shall be deemed to have come into firm 
on the 30th day of .July, 1974. . , 
,;.: 
2. In this Act, unless the context othe&e -itions 
requires:- 
'1, ; ,' 
- ,.. . . (a): .!'~dmhistrator" means the Adminisqatqr 
. , appointed under section 3; ., , , 
I. 
F., t(b).. "notified, order" means an order notified 
. ' . . :;in the OBcial Gazette under.section 3; 
., . ;j>:L;?*jl 
, , 
.. - , , (e) - :$Jniveriity" beans the Utkal University 
Ocissa AC~ ' ' ' e.stablished , under 'Qe Utkal University 20 of 1966. '113::' !J J,.. 
Act, 1966; 
Orissa~ct .. .(d),6~~niversityAct"meanstheUtkal Univer- 
20 of 1966 
., sity Act, 1966; . . 
(e)' c4~ice-~hancellor" means the Vice-Chan- 
cellor of the. Utkal University; 
1. For Statcmcnt of Objects and Rasons See On'ss~ Ga~ctte, Extra. 
rdiga[~, .. daicd the 13th Wmkr 1974 (NO. 1971). ., :.. 
[93-73 (a) taw1 
(f) words and expressions used but not defined 
in this Act and- defined in the Utkal 
University Act, 1966, shaIl have the mean- Orissn ~ut 
ings respectively assigned to- them ,in ,that 200~ 1%. 
Act. 
Administra- 3. (1) The Stale Goven~ment : may,, .by .,notified 
tor to takc order, appoint an Officcr (hcreinaftcr rcferrcd to as 0w.r mana- gEmcnt of the <'Administr; tor") to take over the management 
the affairs of of the affairs of the University. 
thc Univer- 
sity. (2) ,A n~ified order issued under su b-section (1) 
shaIl remaii~ .in- force,-for. a period of one ;year:!., 
Provided that if the,, .State.. Government are of 
opinion that in order td -secure the proper manage- 
mept,of ,the.afSairs of , ,the- University, it is - expedient 
tha; sanotifigd order. should co,ntin.Ge' in force after . thk ei iiy' of !the period of one year- as aforesaid', :they 
may, ? rom time to time, issue directions for such' 
coqtiqu,anoe.fox: such period,, not e~ceeding-~-one year 
at a time,-as tmay+e (specdied ; : in r the . directipns;; - ,but ,, 
such notified order shall in no case remain in force 
fcsf;~more~itban:.a~totaI period..-of ithrkeir:ycars;~.aod 
where any such direction.:. is : issued; (a .;cop.pc ,thereofa 
shall be laid, as soon as may be, before the State 
- L&$slaftlre. 
4. (1) On the. issue of a notfied order under "F' of s&tidh 3 kppcinting and,Administratop t td 1 take' over n otfied 
order issucd the management of thodaffairs. of4 he ivemi ty, under 
ssIion 3. . . 
a) 'theisenate? and the9 ,Syndicate4- shd.11 be 
- de~~&~tb :have: ; bdsn-i!ipersedid and the 
, ~rnbgs thereof hoMing offi~e.. irnmedia- 
: 'teli.;befo?e;the, issue OIL th6p.notifie&!j~rder , ... 
- shall'be --deemed.-'io :b&ye"va@ted their .;?':.'' ',-' 
4: :\; :a:, . - offices as such; , , 
, , 
- (b) the' offices of + -the me~~bers * of ithe::,Sen a te - .: . 
for life shall remain' in~~abiyfihce during 
the qontinuance. of. the notified . . order in 
forq;;. ,: , 
. !'. 
'.' I"- 
(c) the Vice-Chancellor shall be deemed to 
, , 
have ,A vacated his ,ofice as such; . . 
(d) the ~dministrator shall Lerkise the1-pow-. 
Wd perform the..fuunctions of the Senate, 
Syndicate and the . Vice-Chancellor under 
the University Act, the Statutes and the 
,Regulations; and 
:(el for the purposes of :,signing .the D iplorn? 
, @anted, ,.-by r Itbe Ufiiversity ! ihe, Adminx- 
strator shall c be ;:desigriated: ad-.the' Vice- 
Chancellor. , ( ' 
'-:'(2) Subject td'the provisions xontdinbd ',in this 
Act' 'and 'the: 'provisions contained a in': the) Udiv&r'rSity 
'&ct;"the 'Statutes and' theL Regulations; ;the' :Adm'itli- 
%t;$itorishall. take such steps as may !'be 1, tiecGss8ry 
"for' th~'.eficient ' rilanagement of "'the -'&TaCrs '-06f 'the 
University. . , 
'5.'' No person pSho CC~S& fa": - hbld--* a'ny t&Ece by "0 right to cornpensr- 
':rason'bf-tha'provjst 7 ns coitiide'd:in &aotian?'zl.,. i sEall tlon - for 
' be; entitfcd*to any comhensatio h foC~thC:~bss*~B~ofsce.c. ~f~&~~ 
, f 1. 1, ; ,,.. 
6. Subject to the provisions conta in&d '-+in:'ltfiis Application o the ,:.Act,,!.& University Act, the Statutes and . !Regulations unive,,itY 
,, -shalJcontinue.'to apply td the Uni-versjty inf! the' same Act. 
++nanner -as :they applied therkt6'b'efoqe the'-issue' d'the 
.-,notified~bid er. ... 
.. : 
7. (1) Where a notified order :has'. ,t$sir'ed to 
, ; i nundeii!section 3; every..petso n,. ceasing-:3o. I hold office, dcliver pssession -.::upoh; t h&i~s~e~ef. such rerdey. , and. haviqg ,~-~pbssession;~or~ro~tit~ 
; ,custody-for control- ofrany propertyrof or: -any; bokks, ~~,",~u' 
documents or other papers relating tq6the:;'Univk@ty 
8. , .* 
shall deliver the property, books, documeiits~and 
' , 
piher gapers. to the Administrator oy to such person 
"$sLmay.bt adthorised -by the~)IP;ddijiistca~tox~ :in this 
. : -b'eKdlf; 
,, - -. . . -. 
' ., . - -. 
'' '(2). The'State'G.overnmentvermt may .take ClF!aecessary 
dJsteps.fbr seeutin~possessi~nTbf i hd properties~!books, 
- documents and -other papers- as aforesaid. 
;' 8:''ThS ptovisions of 'this 'LAct shall'.lha+e.! effect Overriding effect of the notwithstanding anything inconsistent" thei-~*ith' con- ~~t. 
tained in any dther:f aw. . . , 
91' Subject to the p:ovisions of'this,Act;'tb6: State ~owm of 
Government may give such directions to the Admini- g;krnrnmt 
strator as they may deem fit for the proper manage- to give 
ment of the affairs of the University and the Admini- dim'ions* 
sbator shall comply with such directions. 
Administrator 
to take steps 10. '[(I)] The Administrator shall take aII nece- 
for reconsti- ssary steps for the reconstitution of the Senato and the 
:Y:,t$,OC:? Syndicate and for the appointment of the Vice-Chanc- 
ellor ,so that the members of the said authorities and 
the Vice-Chancellor can assume ofice upon the 
expiry of the notified order. 
2[provided that the State Government may, in 
consultation with the chancellor, appoint the offipr 
acting as the Administrator to be the Vice-chancelk 
offthe University with effect from the date of ,expiry 
of the notified order for such term, not exceeding 
tbrco years, as they may fix.] 
,. ! . --, 3[(2) All elections and nominations necessary for 
. !. the purposes of such reconstitution or . appointnleqt as 
,, . . , . af~resaid.shal1 .. be held in advance in accordance with 
the provisions of tho Univcrsity Act and the ' Statutes 
.!, :z;f~am?dthe~eunder. ,, 
. I ... 
; ' , ""(3) All persons who are to take part at .,any 'such 
:election by virtue of holding offico as rncmbers of.any 
of the said authorities shall, notwiths tariding tho fact 
that they have not assumed such office, be eligible. to 
take such part.] 
I .- 
-. : 11. (I) The UtkaI University (Taking, Over of orissa Rcpekl and . . 
eavinss. ' Management) Ordinance, 1 974 and the - Utkal Uxliver- Ofdinanew NO. 7 of 
aity (Taking Over of Management) (Arnendment)rg74. 
.:Oid.;dinance, 1974 are hereby repealed. . - Orissa 
Ordinanom 
No. 13d 
1974. 
: - (2) Notwithstanding such repeal, any ,older 
notified, any direction given, anything done , oi , a(ny 
action taken under tbe Ordinances so repealed ' 'shall 
be deemed to have been notsed, given, done or 
taken under the corresponding provisions of this I., ,Actm 
. I. mumbered by the Orissa University Laws (Amendment) .Act. 1976 
(Or. Act 27 of 197E), s. 3. 
2. Added by the Utkal University (Taking over of: ~aaakkment 
Amendment) Act, 1976 (Or. Act 39 of 19761, s. 2. 
, 3. In~ted by thc Orissa Univmity Laws (Amendment) Act, 1976 (Or. 
. Act 27 of 19761, s. 3. 
-, . I 

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