The Utkal University (Taking over of Management) Act, 1975
The Utkal University (Taking over of Management) Act, 1975
1. Short title and corncncemcnt
(1) This Act, may be called the Utkal University (Taking Over of Management) Act, 1974. (2) It shall be deemed to have come into firm on the 30th day of July, 1974.
2. Definitions
In this Act, unless the context othewise requires:- (a) "Administrator" means the Adminisqatqr appointed under section 3; (b) "notified order" means an order notified in the OBcial Gazette under section 3; (c) "University" beans the Utkal University established under the Utkal University Act, 1966; (d) "University Act" means the Utkal University Act, 1966; (e) "Vice-Chancellor" means the Vice-Chancellor of the Utkal University; (f) words and expressions used but not defined in this Act and defined in the Utkal University Act, 1966, shall have the meanings respectively assigned to them in that Act.
3. Administrator to take over management of the affairs of the University
(1) The Stale Govenment may, by notified order, appoint an Officcr (hereinafter referred to as the "Administrator") to take over the management of the affairs of the University. (2) A notified order issued under sub-section (1) shall remaii in force for a period of one year: Provided that if the State Government are of opinion that in order to secure the proper management of the affairs of the University, it is expedient that sanotifigd order should continue in force after the expiry of the period of one year as aforesaid, they may, from time to time, issue directions for such continuance for such period, not exceeding one year at a time, as may be specified in the directions; but such notified order shall in no case remain in force for more than a total period of three years; and where any such direction is issued, a copy thereof shall be laid, as soon as may be, before the State Legislature.
4. Effect of notified order issued under section 3
(1) On the issue of a notfied order under section 3 appointing an Administrator to take over the management of the affairs of the University, (a) the Senate and the Syndicate shall be deemed to have been superseded and the members thereof holding office immediately before the issue of the notified order shall be deemed to have vacated their offices as such; (b) the offices of the members of the Senate for life shall remain in abeyance during the continuance of the notified order in force; (c) the Vice-Chancellor shall be deemed to have vacated his office as such; (d) the Administrator shall exercise the powers and perform the functions of the Senate, Syndicate and the Vice-Chancellor under the University Act, the Statutes and the Regulations; and (e) for the purposes of signing the Diploma granted by the University the Administrator shall be designated as the Vice-Chancellor. (2) Subject to the provisions contained in this Act and the provisions contained in the University Act, the Statutes and the Regulations, the Administrator shall take such steps as may be necessary for the efficient management of the affairs of the University.
5. No right to compensation for termination of ofice
No person who ceases to hold any office by reason of the provisions contained in section 4, shall be entitled to any compensation for the loss of office.
6. Application of the University Act
Subject to the provisions contained in this Act, the University Act, the Statutes and Regulations shall continue to apply to the University in the same manner as they applied thereto before the issue of the notified order.
7. Duty to delivet possession of property and documents
(1) Where a notified order has been issued under section 3, every person ceasing to hold office upon the issue of such order and having possession, custody or control of any property of or any books, documents or other papers relating to the University shall deliver the property, books, documents and other papers to the Administrator or to such person as may be authorised by the Administrator in this behalf. (2) The State Government may take all necessary steps for securing possession of the properties, books, documents and other papers as aforesaid.
8. Overriding effect of the Act
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.
9. Power of State Government to givc directions
Subject to the provisions of this Act, the State Government may give such directions to the Administrator as they may deem fit for the proper management of the affairs of the University and the Administrator shall comply with such directions.
10. Administrator to take steps for reconstitution of the authorities
(1) The Administrator shall take all necessary steps for the reconstitution of the Senate and the Syndicate and for the appointment of the Vice-Chancellor so that the members of the said authorities and the Vice-Chancellor can assume office upon the expiry of the notified order. Provided that the State Government may, in consultation with the chancellor, appoint the officer acting as the Administrator to be the Vice-chancellor of the University with effect from the date of expiry of the notified order for such term, not exceeding three years, as they may fix. (2) All elections and nominations necessary for the purposes of such reconstitution or appointment as aforesaid shall be held in advance in accordance with the provisions of the University Act and the Statutes framed thereunder. (3) All persons who are to take part at any such election by virtue of holding office as members of any of the said authorities shall, notwithstanding the fact that they have not assumed such office, be eligible to take such part.
11. Repeal and savings
(1) The Utkal University (Taking, Over of Management) Ordinance, 1974 and the Utkal University (Taking Over of Management) (Amendment) Ordinance, 1974 are hereby repealed. (2) Notwithstanding such repeal, any order notified, any direction given, anything done or any action taken under the Ordinances so repealed shall be deemed to have been notsed, given, done or taken under the corresponding provisions of this Act.
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