ORDINANCE No.46 OF 2007
THE UNIVERSITY LAWS (AMENDMENT)
ORDINANCE, 2007
Promulgated by the Governor of Kerala in the Fifty-eighth Year of the Republic of India.
AN
ORDINANCE
further to amend the Kerala University Act, 1974, the Calicut University Act, 1975, the Cochin University of Science and Technology Act, 1986, the Sree Sankaracharya University of Sanskrit Act, 1994 and the Kannur University Act, 1996.
Preamble.-WHEREAS the University Laws (Amendment) Ordinance, 2007 (16 of 2007) was promulgated by the Governor of Kerala on the 5th day of February, 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 during its session which commenced on the 2nd day of March, 2007 and ended on the 29th day of March, 2007;
AND WHEREAS, in order to keep alive the provisions of the said Ordinance the University Laws (Amendment) Ordinance, 2007 (25 of 2007) was promulgated by the Governor of Kerala on the 30th day of March, 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 XII Legislative Assembly of the State of Kerala during its fifth session which commenced on the 19th day of June, 2007 and ended on the 26th day of July, 2007;
AND WHEREAS, under sub-clause (a) of clause (2) of Article 213 of the Constitution of India, the University Laws (Amendment) Ordinance, 2007 (25 of 2007) will cease to operate on the 31st day of July, 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) Ordinance, 2007.
(2) It shall deemed to have come into force on the 5th day of February, 2007.
2. Acts 17 of 1974, 5 of 1975, 31 of 1986, 5 of 1994 and 22 of 1996 to be temporarily amended.— During the period of operation of this Ordinance, the Kerala University Act, 1974 (17 of 1974), the Calicut University Act, 1975 (5 of 1975), the Cochin University of Science and Technology Act, 1986 (31 of 1986), the Sree Sankaracharya University of Sanskrit Act, 1994 (5 of 1994) and the Kannur University Act, 1996 (22 of 1996), shall have effect subject to the amendments specified in section 3, section 4, section 5, section 6 and section 7 respectively.
3. Amendment of Act 17 of 1974.- In the Kerala University Act, 1974 (17 of 1974), in section 21, under the heading “Other Members”, after item (c), the following item shall be inserted, namely:-
“(d) the member nominated by the Executive Council of the Kerala State Higher Education Council”.
4. Amendment of Act 5 of 1975.- In the Calicut University Act, 1975 (5 of 1975), in section 21 under the heading “Other Members”, after item (c), the following item shall be inserted, namely:-
“(d) the member nominated by the Executive Council of the Kerala State Higher Education Council”.
5. Amendment of Act 31 of 1986.- In the Cochin University of Science and Technology Act, 1986 (31 of 1986), in sub-section (1) of section 17, after item (x), the following item shall be inserted, namely:-
“(xi) The member nominated by the Executive Council of the Kerala State Higher Education Council”.
6. Amendment of Act 5 of 1994.- In the Sree Sankaracharya University of Sanskrit Act, 1994 (5 of 1994), in section 12, under the heading “Nominated Members”, after item (iv), the following item shall be inserted, namely:-
“(v) The member nominated by the Executive Council of the Kerala State Higher Education Council”.
7. Amendment of Act 22 of 1996.- In the Kannur University Act, 1996 (22 of 1996), in section 23, under the heading “Other Members”, after item (e), the following item shall be inserted, namely:-
“(f) The member nominated by the Executive Council of the Kerala State Higher Education Council.”.
8. Repeal and Saving.-(1) The University Laws (Amendment) Ordinance, 2007 (25 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.
R.L.BHATIA, GOVERNOR.
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