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ORDINANCE No.28 OF 2007

THE UNIVERSITY LAWS (AMENDMENT) AMENDING

ORDINANCE, 2007

Promulgated by the Governor of Kerala in the Fifty-eighth Year of the Republic of India.

ORDINANCE

further to amend the University Laws (Amendment) Act, 2005.

Preamble.- WHEREAS, the University Laws (Amendment) Amending Ordinance, 2006 (42 of 2006) was promulgated by the Governor of Kerala on the 27 th day of July, 2006;

AND WHEREAS, a Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in, and passed by, the Legislative Assembly during its session which commenced on the 18 th day of September, 2006 and ended on the 26 th day of October, 2006;

AND WHEREAS, in order to keep alive the provisions of the said Ordinance, the University Laws (Amendment) Amending Ordinance, 2006 (58 of 2006) was promulgated by the Governor of Kerala on the 30 th day of October, 2006;

AND WHEREAS, a Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in, and passed by, the Legislative Assembly during its session which commenced on the 27 th day of December, 2006 and ended on the 29 th day of December, 2006;

AND WHEREAS, in order to keep alive the provisions of the said Ordinance, the University Laws (Amendment) Amending Ordinance, 2007 (3 of 2007) was promulgated by the Governor of Kerala on the 27 th day of January, 2007;

AND WHEREAS, a Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its fourth session which commenced on the 2 nd day of March, 2007 and ended on the 29 th day of March, 2007;

AND WHEREAS, under sub-clause (a) of clause (2) of Article 213 of the Constitution of India, the University Laws (Amendment) Amending Ordinance, 2007 (3 of 2007) will cease to operate on the 13 th day of April, 2007;

AND WHEREAS, difficulties will arise if the provisions of the said Ordinance are not kept alive;

AND WHEREAS, the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:-

1. Short title and commencement.-(1) This Ordinance may be called the University Laws (Amendment) Amending Ordinance, 2007.

(2) It shall be deemed to have come into force on the 27 th day of July, 2006.

2 . Act 2 of 2005 to be temporarily amended .- During the period of operation of this Ordinance, the University Laws (Amendment) Act, 2005 (hereinafter referred to as the principal Act) shall have effect subject to the amendments specified in section 3.

3. Amendment of section 7.- In the principal Act, in section 7,-

(1) after sub-section (1), the following sub-section shall be inserted , namely:-

“(1A) Notwithstanding anything contained in sub-section (1) of this section or in any provisions of the Calicut University Act, 1975 (5 of 1975) or in any statute, regulation, ordinance or rules made thereunder or in any judgment, decree or order of any Court, all the powers and functions of the Senate and Syndicate of the Calicut University, which have not been reconstituted, shall be exercised from the date of commencement of the University Laws (Amendment) Amending Ordinance, 2007 (28 of 2007) by a body nominated by the Government under sub-section (2), for a period of one year or till the reconstitution of the Senate and Syndicate in accordance with the provisions of the Calicut University Act, 1975 whichever is earlier.”;

(2) in sub-section (2), under the heading ‘2. Nominated members’, after item (vi), the following items shall be added, namely:-

“ (vii) A Principal of a Government College.

(viii) A Journalist.

(ix) A Lawyer.

(x) Two Social Activists of whom one shall be a person belonging to the Scheduled Castes or Scheduled Tribes.

(xi) Two experts each from the field of Information Technology and Bio-Technology.”.

4. Repeal and Saving.-(1) The University Laws (Amendment) Amending Ordinance, 2007 (3 of 2007) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Ordinance.

GOVERNOR