section 41
Statutes how made
The Jammu and Kashmir Universities Act, 1969Education200246 of 47 sections available
Statutory text
Statutes how made.-(1) Subject to the provisions of sections 48 and 51 of this Act, the Statutes may be amended, repealed or added to by Statutes made by the University Council in the manner hereinafter appearing.
- (2) The University Council may take into consideration the draft of the Statute of any Statute either of its own motion or on a proposal by the Syndicate: Provided that in case any such draft is passed the opinion of the Syndicate if the draft of such Statute affects the powers, duties or emoluments of officers, teachers, authorities or bodies shall be taken into consideration by the University Council.
- (3) Where the University Council approves the draft of any Statute or of any clause thereof, it may be sent to the Syndicate for consideration. Such draft shall be considered by the Syndicate at its next meeting. The University Council may either pass the Statute as such, or may reject it, or may return it to the Syndicate for reconsideration either in whole or in part, together with any amendments which the University Council may suggest. After any draft has been so reconsidered by the Syndicate and returned together with suggestions made by the Syndicate back to the University Council, it shall again be presented to the University Council with the report of the Syndicate and the University Council may then deal with the draft in such manner as it may think proper. (4)
- (a) where the University Council passes a Statute, it shall be submitted to the Chancellor who may assent to it or may withhold his assent or may refer it back to the University Council for further consideration.
- (b) if the draft is returned to the Syndicate, the draft shall be sent to the Chancellor who may refer it back to the University Council.
- (c) A Statute passed by the University Council shall have no validity until assented to by the Chancellor.
- (5) The Syndicate shall not propose the draft of any statute or of any amendment of a statute:
- (a) affecting the status, powers or constitution of an authority of the University until such authority has been given an opportunity of expressing an opinion upon the proposal, the opinion so expressed shall be in writing and shall be considered by the University Council and shall be submitted to the Chancellor; and
- (b) affecting the conditions of constitution and affiliation of constituent and affiliated colleges to the University except after consultation with the Academic Council.
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