The UTTAR PRADESH UNIVERSITIES (RE-ENACTMENT AND AMENDMENT) ACT, 1974

THE UTTAR PRADESH UNIVERSITIES (RE-ENACTMENT AND
AMENDMENT) ACT, 1974
(U. P. ACT NO. 29 OF 1974)
(As passed by the Uttar Pradesh Legislature, and assented to
by the Governor on September 22, 1974 and Published in the U.P.
Gazetteextra-ordinary dated September 25, 1974)
AN
ACT
to repeal the Uttar Pradesh State Universities Act, 1973 and
to re-enact the same with certain modifications and to further
amend the Uttar Pradesh Agricultural University Act, 1958.
IT IS HEREBY enacted in the Twenty-fifth Year of the Republic of
India as follows:-
CHAPTER-I
Preliminary
Short title 1.This Act may be called the Uttar Pradesh Universities
(Re-enactment and Amendment), Act, 1974.
CHAPTER-II
Amendment Of The Uttar Pradesh State Universities Act, 1973
Repeal and re-
enactment
with
modifications
of Presdent's
Act no. 10 of
1973
2.The Uttar Pradesh State Universities Act, 1973, (hereinafter
in this chapter referred to as the principal Act) is hereby repealed and
re-enacted with the modifications set out in sections 3 to 18.
Amendment of
title and
preamble
3.In the title of the principal Act, the words "Enacted by the
President the Twenty-fourth Year of the Republic of India" shall be
omitted, and for the existing preamble, the words "It is hereby enacted
as follows shall be substituted.
Amendment of
section 1
4.In section 1 of the principal Act, in sub-section (4),
clause (b) shall be omitted.
Amendment of
section 2
5.In section 2 of the principal Act-
(i) in clause (4), for the words "this Act", the words "this
Act and the Statutes of the University" shall be substituted;
(ii) in clause (18), for the words "by the University or by
a constituent, affiliated or associated college for imparting
instruction or guiding or conducting research", the words
"for imparting instruction or guiding or conducting research
in the University or in an Institute or in a constituent,
affiliated or associated college" shall be substituted.
Amendment of
section 4
6.In section 4 of the principal Act, after sub-section (1), the
following sub-sections shall beinserted, namely:-
"(1-A) With effect from such date or dates as the State
Government may by notification in the Gazette appoint in this
behalf, there shall be established-
(a) a University of Bundelkhand at Jhansi;
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(b) a University of Avadh at Faizabad and
(c) a University of Rohilkhand at Bareilly;
for the areas respectively specified in the Schedule.
(1-B) In relation to the Universities to be established under
sub- section (1-A)-
(a) the State Government shall appoint interim officers of
the Universities (other than the Chancellor) and shall
constitute interim authorities of such Universities in such
manner as it thinks fit:
(b) the officers appointed and members of the authorities
consti tuted under clause (a) shall hold office for a term of two
years from the date of such appointment or constitution, as the
case may be;
(c) the State Government shall take steps for the
appointment of officers and constitution of authorities of such
Universities in accordance with the provisions of this Act, so
that the same may be completed before the expiry of the
respective terms of the interim officers and members under
clause (b).
Amendment of
section 13
7.In section 13 of the principal Act, in sub-section (4), for the
words and figures "under section 10". the words and figures "under
sections 10 and 68" shall be substituted.
Amendment of
section 17
8.In section 17 of the principal Act, in sub-section (2), for the
words "the posts of Registrars. Deputy Registrars and Assistant
Registrars", the words the administrative posts of Registrars. Deputy
Registrars and Assistant Registrars" shall besubstituted.
Amendment of
section 20
9.In section 20 of the principal Act, for sub-section (2), the
following sub-section shall be substituted, namely:-
"(2) The terms of office of members mentioned in clauses (c), (d).
and (e) of sub-section (1) shall be one year and of members mentioned
in clauses (f) and (g) thereof shall be three years."
Amendment of
section 22
10.In section 22 of the principal Act, in sub-section (1), class
VI, clause (xiii) shall be omitted.
Amendment
of section 27
11.In section 27 of the principal Act-
(a) in sub-section (4), for the first proviso, the following
proviso thereto shall be substituted, namely:-
"Provided that in the case of a Medical, Engineering,
Ayurvedic or Fine Arts College, the Principal of such college
shall be the ex officio Dean of Medical, Engineering, Ayurvedic
or Fine Arts Faculty, as the case may be".
(b) for sub-section (6), the following sub-section shall be
substituted, namely:-
"(6) in each Department of teaching in the University,
there shall be a Head of the Department whose appointment
shall be regulated by Statutes:
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Provided that every person holding the office of Head of Depart
ment immediately before the date of commencement of this sub-
section shall, subject to the provisions of this Act and the Statutes,
continue to hold office on the same terms and conditions as he held
immediately before the said date.
Amendment
of section 31
12.In section 31 of the principal Act
(i) in sub-section (4), in clause (d). before the existing
proviso the following proviso shall be inserted and be deemed
always to have been inserted, namely:-
"Provided that in the case of a college where there is no
principal or other teacher available for being a member of the
Selection Committee under sub-clause (ii), the remaining
members referred to in this clause shall constitute such
Selection Committee:":-
(ii) in sub-section (5), after clause (c) the following clause
shall be inserted, namely:-
"(d) The Chancellor or the Vice-Chancellor, as the case
may be, may intimate in a specified order, a larger number of
names of experts than required under sub-section (4) for
serving as his nominees on the Selection Committee. In such
case, on any person whose name appears higher in the
specified order not being avail able for a meeting of the
Selection Committer, a person whose name appears nearest
lower in the specified order shall be requested to serve on the
Committee."
(iii) after sub-section (7), the following sub-section shall be
inserted and be deemed always to have been inserted, namely:-
"(7-A) It shall be open to the Selection Committee to
recommend one or more but not more than three names for
each past."
(iv) in sub-section (11).-
(a) for the words "colleges established and administered by
a minority referred to in clause (1) of Article 30 of the
Constitution of India", the words "affiliated or associated
colleges (other than those maintained exclusively by the State
Government or by a local authority)" shall be substituted:
(b) in clause (ii) for the words "the Act and the Statutes",
the words "this Act" shall be substituted and be deemed always
to have been substituted.
Amendment
of section 34
13.In section 34 of the principal Act, in sub-section (1), the
words "and the holding of the remunerative offices by them" shall be
omitted.
Amendment
of section 49
14.In section 49 of the principal Act. in clause (o), for the
words. "Including the rules of conduct to be observed by them", the
words "including the maintenance by them of their annual academic
progress report and the rules of conduct to be observed by them" shall
be substituted.
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Amendment
of section 50
15.In section 50 of the principal Act-
(i) after sub-section (1), the following sub-section shall be
inserted, namely:-
"(1-A) The State Government may by notification in the
Gazette amend whether by way of addition, substitution or
omission, the First Statutes at any time within a period of one
year from the date of commencement of such Statutes, and any
such amendment may be retrospective to a date not earlier
than the date of such commencement."
(ii) for sub-section (2), the following sub-section shall be
substituted, namely:-
"(2) The Executive Council may, at any time after the
expiration of a period of one year from the date of
commencement of the First Statutes, make new or additional
Statutes or may amend or repeal the Statutes referred to in
sub-section (1) or sub-section (1.A)."
Insertion of
newsection
72-A
16.After section 72 of the principal Act, the following section
shall be Insertion of new inserted, namely:-
"72-A. Notwithstanding anything contained in this Act-
Transitory
provisions
regarding
Kashi
Vidyapeeth
(a) every person holding office as an officer (other than the
Chancellor) of the Kashi Vidyapeeth on the date immediatly
before its establishment as a University shall continue to hold
office as such on the same terms and conditions except as
respects tenure a s he held on the said date until fresh
appointments are made under clause (b);
(b) as soon as may be after the commencement of this
section, the State Government may appoint interim officers of
the said University (other than the Chancellor) and shall
constitute interim authorities of the said University in such
manner as it thinks fit, upon which the corresponding officers
referred to in clause (a) shall cease to hold office and the
corresponding authorities, shall stand dissolved forthwith:
(c) the officers appointed and the members of the
authorities consti tuted under clause (b) shall hold office for a
term of two years from the date of such appointment or
constitution, as the case may be;
(d) the State Government shall take steps for the
appointment of officers and constitution of authorities of the
said University in accor dance with the provisions of this Act,
so that the same may be completed before the expiry of the
respective terms of the interim officers and members under
clause (c)."
Amendment
of section 74.
17.In section 74 of the principal Act, in sub-section (3)-
(i) clause (a) shall be omitted;
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(ii) after clause (f). the following clauses shall beinsertedand
be deemed always to have been inserted, namely:-
"(g) every student of the Kashi Naresh Government Degree
College, Gyanpur, or the Government Degree College, Jakhni,
situate in district Varanasi, or the Government Degree College,
Rishikesh, situate in district Dehra Dun, who-
(1) immediately before the commencement of Uttar
Pradesh State Universities Ordinance, 1973, was studying for a
degree of the University of Agra; or
(2) was admitted as a student of any of the said colleges
during the academic year 1973-74 for a degree of the said
University; or
(3) is eligible to appear at any degree examination of the
said University in the year 1974 or in the year 1975 as an ex-
student;
shall be permitted to complete his course in accordance with
the syllabus of the University of Agra, and necessary arrangements for
the instruction and examination of such students shall be made by the
University of Agra and on the results of such examination, the degree
may be conferred by that very University;
(h) until the Faculties are constituted in the Universities
referred to in sub-section (1) or sub-section (1-A) or section 4,
the Selection Committee referred to in clause (c) of sub-section
(4) of section 31 shall consist of the following members,
namely-
(1) the Head of the Management or a member of the
Manage ment nominated by him, who shall be the Chairman;
(2) one member of the Management nominated by the
Manage ment; and
(3) three experts to be nominated by the Vice-Chancellor."
Amendment
of the
Schedule
18.In the Schedule to the principal Act, for the entries at serial
numbers 3, 4, 5, 6, 7, and 8, the following entries shall respectively be
substituted, namely:
"3. The University of Agra-
(1) until the establishment of
the University of
Rohilkhand.
Districts of Agra, Aligarh, Bareilly,
Bijnor, Badaun, Etah, Mainpuri,
Mathura, Moradabad, Pilibhit, Ram-
pur and Shahjahanpur.
(ii) upon the establishment of
the University of Rohilkhand.
Districts of Agra, Aligarh, Etah, Main-
puri and Mathura.
4. The University of
Gorakhpur-
(i) until the establishment of
the University of Avadh.
Districts of Azamgarh, Bahraich,
Ballia, Basti, Deoria, Faizabad,
Ghazipur. Gonda, Gorakhpur,
Jaunpur, Mirza pur,Pratapgarlı
Sultanpur and Varanasi.
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(ii) upon the establishment of
the University of Avadh.
Districts of Azamgarh, Ballia,
Basti, Deoria, Ghazipur,
Gorakhpur, Jaun pur, Mirzapur
and Varanasi.
5. The University of Kanpur-
(i) until the establishment of
the Universities of
Bundelkhand and Avadh.
Districts of Allahabad, Banda,
Bara Banki, Etawah,
Farrukhabad, Fateh- pur,
Hamirpur, Hardoi, Jalaun,
Jhansi, Kanpur, Lakhimpur-
Kheri, Lalitpur, Lucknow, Rae
Bareli, Sitapur, and Unnao
excepting the area which lies
within the limits of the
Universities of Allahabad and
Lucknow.
(ii) upon the establishment of
the Universities of
Bundelkhand and Avadh,
Districts of Allahabad, Etawah, Fateh
pur, Farrukhabad. Hardoi, Kanpur,
Lakhimpur Kheri, Lucknow, Rae
Bareli, Sitapur and Unuao excepting
the area which lies within the limits
of the Universities of Allahabad and
Lucknow.
6. The University of Meerut. Districts of Bulandshahr. Meerut
Muzaffarnagar and Saharanpur.
7. The University of Kumaun. Districts of Almora, Naini Tal and
Pithoragarh.
8. The University of Garhwal. Districts of Chamoli, Dehra Dun,
Garhwal, Tehri Garhwal and
Uttar Kashi.
9. The University of
Bundelkhand.
Districts of Banda, Hamirpur,
Jalaun, Jhansi and Lalitpur.
10. The University of Avadih. Districts of Bahraich, Bara Banki,
Faizabad, Gonda, Pratapgarh and
Sultanpur.
11. The University of
Rohilkhand.
Districts of Budaun. Bareilly,
Bijnor, Moradabad, Pilibhit,
Rampur and Shahjahanpur."
CHAPTER III
Amendment Of Uttar Pradesh Agricultural
UniversityAcт, 1958
Amendment of
long title and
Preamble of U.
P. Act) Act no.
45 of 1958
19.In the long title and the preamble of the Uttar Pradesh
Agricultural University Act, 1958 (hereinafter in this Chapter referred
to as the principal for the words "an Agricultural University", the words
"Agricultural Universities" shall be substituted.
Amendment
of section 1
20.In sertion 1 of the principal Act, in sub-section (1) for the
words "Uttar Pradesh Agricultural University Act," words "Uttar
Pradesh Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam" shall be
substituted.
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Amendment
of section 2
21.In sertion 2 of the principal Act, for clause (1), the following
clause shall be substituted namely :-.
"(1) 'University' means the Gobind Ballabh Pant Krishi
Evam Prodyogik Vishwavidyalaya or the Narendra Deva Krishi
Evam Prodyogik Vishwavidyalaya, as the case may be."
Insertion of
new section
2-A
22.After section 2 of the Principal Act, the following section
shall be inserted, namely :-
Establishment
of Universities
at Faizabad
and Kanpur
"2-A.(1) Besides the Gobind Ballabh Pant Krishi Evam
Prodyogik Vishwavidyalaya in existence at Pantnagar,
immediately before the commencement of this section, there
shall be established, with effect from such date as the State
Government may, by notification in the Gazette appoint in that
behalf (hereinafter referred to as the appointed day)-
(i) a University at Faizabad to be know as the Narendra
Deva Krishi Evam Prodyogik Vishwavidyalaya; and
(ii) a University at Kanpur to be know as Chandrashekhar
Azad Krishi Evam Prodyogik Vishwavidyalaya.
(2) In relation to the Universities to be established under sub-
section (1)-
(a) the State Government shall appoint interim officers of
the Universities (other than the Chancellor) and shall constitute
interim authorities of such Universities, in such manner as it
thinks fit;
(b) the officers appointed and members of the authorities
constituted under clause (a) shall hold office for a term of two
years from the date of such cappointment or constitution, as
the case may be;
(c) the State Government shall take steps for the
appointment of officers and constitution of authorities of such
Universities, in accordance with the provisions of this Act, so
that the same may be completed before the expiry of the
respective terms of the interim officers and members under
clause (b)."
Amendment
of section 3
23.In section 3 of the Principal Act, for sub-section (1), the
following sub-section shall be substituted, namely :-
"(1) The Chancellor, the Vice-Chancellor and the Members
of the Board and the Academic Council for the time being
holding office as such in each University shall constitute a
boby corporate by the name of that University."
Insertion of
new section
6-A
24.After section 6 of the Principal Act, the following section
shall be inserted, namely :-
Territorial
Jurisdiction
for Certain
purposes
"6-A.The powers of the University under section 6 shall
with respect to the Extension, Training and Reserch be
exercisable in respect of the area for the time being specified
against it in the Schedule."
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Omission of
section 35
25.Section 35 of the principal Act shall be omitted.
Insertion of
the Schedule
26.After section 36 of the Principal Act, the following Schedule
shall be inserted, namely :-
Area within which the
University shall
exercise jurisdiction
for pur poses of
extension, training and
research.
Serial
no.
Name of the University
1- Gobind Ballabh Pant Krishi Evam
Prodyogik Vishwavidyalaya-
The whole of Uttar
Pradesh.
(a) until the establishment of the
Narendra Deva Krishi Evam
Prodyogik Vishwavidyalaya and
Chandrashekher Azad Krishi Evam
Prodyogik Vishwavidyalaya.
Kunaun. Garhwal,
Rohilkhand and
Meerut Divisions.
(b) upon the establishment of the
Narendra Deva Krishi Evam
Prodyogik Vishwa vidyalaya and
Chandra- shekhar Azad Krishi Evam
Prodyogik Vishwavidyalaya.
Faizabad, Gorakhpur
and Varanasi
Divisions.
2- Narendra Deva Krishi Evam
Prodyogik Vishwavidyalaya.
Lucknow, Jhansi, Agra
and Allaha bad
Divisions."
3- Chandrashekhar Azad Krishi Evam
Prodyogik vidyalaya. Vishwa-
vidyalaya.
General
Amendment
27.In the principal Act, for the words "The Chancellor", "the
Vice- Chancellor" and "the Registrar", wherever occurring, the words
"Kuladhipati (Chancellor)," "Kulpati (Vice-Chancellor)" and "Kul Sachiv
(Registrar)" shall respectively be substituted.
CHAPTER IV
Transitory Provisions
Removal of
Difficulties
28.(1) The State Government may, for the purpose of removing
any difficulty, particularly in relation to the establishment and
functioning of the Universities of Bundelkhand, Avadlı, Rohilkhand or
Narendra Deva Krishi Evam Prodyogik Vishwavidyalaya or
Chandrashekher Azad Krishi Evam Prod yogik Vishwavidyalaya by
order published in the Official Gazette direct that the provisions of the
enactments referred to in Chapters II and III shall, during such period
as may be specified in the order, have effect subject to such adapta
tion whether by way of modification, addition or omission as it may
deem to be necessary or expedient:
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Provided that no such order shall be made after two years from
the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid before
bath 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.
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STATEMENT OF OBJECTS AND REASONS
Tim State Government was decided to have at least one University in each
division. It is accordingly proposed to establish a University each for Rohilkhand,
Faizabad and Bundelkhand Divisions,
2. The Uttar Pradesh State Universities Act, 1973, being a President's Act, has a
limited life, and it has to be replaced by an Act of the State Legislature. The said Act is,
therefore, proposed to be repealed and re-enacted with necessary modifications.
3. The U P. Agriculturai University Act, 1958, is also proposed to be amended to
provide for the establishment of one more Agricultural University at Faizabad and
Kanpur each.
4. Opportunity is also being availed for making certain minor amend ments in
the said Acts.
5. The Uttar Pradesh Universities (Re-enactment and Amendment) Bill, 1974, is
being introduced accordingly.
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