section 38(14)
Power to remove difficulties
The Chhattisgarh Swami Vivekanand Technical University Act, 2004Education200475 of 76 sections available
Statutory text
- (1) If any difficulty arises as to the first constitution or re-constitution of any authority of the University under this Act, or otherwise in giving effect to the provisions of this Act, the State Government may by notification, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such notification shall be issued after the expiry of three years from the commencement of this Act. (2) The State Government may by order, direct that the University shall be governed by the provisions of the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (No. 22 of 1973) for such period as may be specified in the order, and that during such period the University shall exercise such powers and perform such duties as may be specified in the order. (3) The State Government may if it is satisfied that it is necessary so to do by order, publish in the official gazette direct that the provisions of this Act and the Statutes, Ordinances and Regulations made thereunder shall apply to the University subject to such exceptions, adaptations and modifications not affecting the substance of the Act as may be specified in the order. (4) The State Government may if it is of opinion that in the interest of the University it is necessary so to do, by notification in the official gazette, direct that the University shall not be governed by the provisions of this Act, for a period not exceeding two years as may be specified in the notification and that during such period the University shall be governed by the provisions of the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (No. 22 of 1973) or any other law for the time being in force as may be specified and the order shall be placed before the State Legislative Assembly. (5) Notwithstanding anything contained in sub-section (4), the State Government may, if the circumstances so warrant even after the expiry of the period specified in sub-section (4), may extend the period or may issue fresh notification to the effect that the University shall continue to be governed by the provisions of the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (No. 22 of 1973) as if this Act had not been passed. (6) Notwithstanding anything contained in sub-section (4), if the State Government is satisfied that the University is not able to function in accordance with the provisions of this Act, then the State Government may by notification, direct that all the powers of the University shall be exercised and duties performed by the State Government or by such person or persons as may be appointed by the State Government in this behalf, for such period as may be specified in the notification and the order shall be placed before the State Legislative Assembly. (7) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty. (8) Every order made under sub-section (7) shall be laid as soon as may be after it is made before the State Legislative Assembly. (9) No order under sub-section (7) shall be called in question in any court on the ground that no difficulty as is referred to in sub-section (1) existed or was required to be removed.
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