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State of Uttar Pradesh - Section

Section 4 in Uttar Pradesh State Universities Act, 1973

4. Establishment of new Universities and alteration of the areas or names of Universities

. - (1) With effect from such date as the State Government may by notification in the Gazette appoint in that behalf, there shall be established a University of Kumaun at Naini Tal and a University of Garhwal [which shall from April 25,1989 be called the Hemvati Nandan Bahuguna Garhwal University] [Inserted by Section 2 of Uttar Pradesh Act No. 26 of 1989 (w.e.f. 24.4.1989).] at Srinagar (District Garhwal) of the areas respectively specified in the Schedule.
(1A)[ With effect from such date or dates as the State Government may by notification in the Gazette appoint in this behalf, there shall be established -] [Inserted by Uttar Pradesh Act No. 29 of 1974.]
(a)a University of Bundelkhand at Jhansi;
(b)a University of Avadh at [Ayodhya] [Substituted 'Faizabad' by Uttar Pradesh Act No. 6 of 2019, dated 2.8.2019.] [which shall be called the Doctor Ram Manohar Lohia University. [Ayodhya] [Substituted by President's Act No. 4 of 1996 (w.e.f. 11.7.1995).] with effect from June, 18, 1994, and the Doctor Ram Manohar Lohia Avadh University, [Ayodhya] [Substituted 'Faizabad' by Uttar Pradesh Act No. 6 of 2019, dated 2.8.2019.] with effect from July 11, 1995]; [* * *] [Omitted by Uttar Pradesh Act No. 19 of 1987.]
(c)a University of Rohilkhand at Bareilly [which shall with effect from the date of the commencement of the Uttar Pradesh State Universities (Second Amendment) Act, 1997 be called Mahatma Jyotiba Phule Rohilkhand University, Bareilly;] [Inserted by Uttar Pradesh Act No. 18 of 1997 (w.e.f. 16.8.1997).]
(d)[ a University to be known as Purvanchal University at Jaunpur, which shall, with effect from the date of commencement of the Uttar Pradesh State Universities (Amendment) Act, 1999, be called "Vir Bahadur Singh Purvanchal University, Jaunpur] [Substituted by Section 2 of Uttar Pradesh Act No. 11 of 1999 (w.e.f. 8.1.1999).]
(e)[ a University to be known as the Urdu; [Manyavar Shri Kanshi Ram Ji] [Inserted by U.P Act No. II of 2010 (w.e.f. 01.10.2009).] Arabi Pharsi University at Lucknow].
for the areas respectively specified in the Schedule.
(1B)in relation to the Universities to be established under sub-section (1-A) -
(a)the State Government shall appoint interim officers of the Universities (other than the Chancellor) and shall constitute interim authorities of such Universities in such manner as it thinks fit.;
(b)[ the officers appointed and members of the authorities constituted under clause (a) shall hold office] [Substituted by Uttar Pradesh Act No. 12 of 1978.] [* * *] [Omitted by Uttar Pradesh Act No. 19 of 1987.]until the appointment of officers or the constitution of the authorities in accordance with clause (c) [or such other earlier date as may be specified by the State Government in this behalf] [Substituted by U.P Act No. 19 of 1987.] :
[Provided that the State Government may, by notification extend the term of the members of such authorities for a period not exceeding one year.] [Inserted by Uttar Pradesh Act No. 5 of 1977.]
(c)the State Government shall take steps for the appointment of officers and constitution of authorities of such Universities in accordance with the provisions of this Act, so that the same may be completed before the expiry of the respective terms of the interim officers and members under clause (b).
(2)With effect from such date as the State Government may , by notification in the Gazette, appoint in that behalf the institution known as Kashi Vidyapith at Varanasi shall be deemed to be a University established under the provisions of the Act [which shall be called Mahatma Gandhi Kashi Vidyapith, Varanasi with effect from July 11, 1995] [Inserted by President's Act No. 4 of 1996 (w.e.f. 11.7.1995).].
(3)As from the date appointed under sub-section (2) -
(i)the society known as the Kashi Vidyapith, Varanasi shall be dissolved and all property movable and immovable, and rights, powers and privileges of the society shall be transferred to the vest in the University and shall be applied to the objects and purposes for which the University is established;
(ii)all debts, liabilities and obligations of the said society shall be transferred to the university and shall thereafter be discharged and satisfied by it;
(iii)all references in any enactment to the said society shall be construed as reference to the University;
(iv)any will, deed or other document, whether made or executed before or after the commencement of this Act which contains any request, gift or trust in favour of the said society shall be construed as if the University was therein named instead of such society;
(v)subject to the provisions of this Act, every person employed immediately before the said date in the said society shall with effect from that date, become an employee of the University by the same tenure and upon the same conditions of service or conditions as similar thereto as changed circumstances may permit, as he would have held under the said society if such notification had not been issued.
(4)The State Government may, by notification in the Gazette -
(a)increase the area of a University;
(b)diminish the area of a University; or
(c)alter the name of a University :
Provided that no such notification shall be issued except with the previous approval by resolution, of both the Houses of the State Legislature.
(5)Any notification under this section may contain such provision of the amendment of the Schedule, and the Statutes, Ordinances and Regulations of the University or Universities affected by such notification as may be necessary to give effect to the provisions of the notification, and thereupon the Schedule and such Statues, Ordinances and Regulations shall stand amended accordingly.
(6)Without prejudice to the generality of the provisions of sub-section (5), any notification under this section may provide for the following matters namely -
(a)provisions in respect of representation of various interest or classes of persons in the authorities of the University or Universities affected by the said notification;
(b)provisions for exercise of option by registered graduates of any then existing University to continue to remain registered graduates of same University or to get registered with a newly-established University so, however, that no person shall be registered graduate of more than one University;
(c)such other supplement, incidental and consequential provisions as the State Government may deem necessary.
Explanation. - For the purposes of this section and Section 5 'Kashi Vidyapith' means the institution known as Kashi Vidyapith at Varanasi established and administered by the Society known as Kashi Vidyapith registered under the Societies Registration Act, 1860, (21 of 1860), in respect of which the Nirikshak Sabha of the said Society has passed a resolution on 28th May, 1972 requesting the State Government to take over the entire movable and immovable properties of the said institution and to convert it into a State University.