ORDINANCE No. 48 OF  2007

THE MAHATMA GANDHI UNIVERSITY

(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 Mahatma Gandhi University Act, 1985.

              Preamble.-WHEREAS the Mahatma Gandhi University (Amendment) Ordinance, 2007 (17 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 Mahatma Gandhi University (Amendment) Ordinance, 2007 (27 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 Mahatma Gandhi University (Amendment) Ordinance, 2007 (27 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 Mahatma Gandhi University (Amendment)  Ordinance,  2007.

                    (2) It shall be deemed to have come into force on the 5th day of February, 2007.

            2. Act 12 of 1985 to be temporarily amended.— During the period of operation of  this Ordinance, the Mahatma Gandhi University Act, 1985 (12 of 1985) (hereinafter referred to as the principal Act) shall have effect subject to the amendments specified in section 3.

            3. Amendment of section 21.- In the principal Act  in section 21, under the heading “Other Members”,  after item (e), the following items shall be inserted, namely:-

                 “(f) One member of the Legislative Assembly, representing any of the Constituencies within the territorial jurisdiction of the University, nominated by the Government;

                   (g) An eminent jurist who is conversant with University Laws,  nominated by the Government;

                   (h) An author or journalist of eminence, nominated by the Government;

                   (i) A research scholar or a post-graduate student of the University nominated by the Government;

                  (j) The member nominated by the Executive Council of the Kerala State Higher Education Council.”.
         4. Repeal and Saving.-(1) The Mahatma Gandhi University (Amendment) Ordinance, 2007 (27 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.