Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 91] [Entire Act]

Bombay Presidency - Subsection

Section 91(2) in The Bombay University Act, 1974

(2)The Principals of affiliated colleges, Teachers from affiliated colleges and recognised Institutions, head masters of high schools, secondary teachers of high schools, Councillors of Municipal Councils, Councillors of Zilla Farishads situated in the Kolaba, Thana and Ratnagiri Districts, being members of Court. Senate, Academic Council, Boards of Studies and other authorities (excluding the Executive Council or the Syndicate) and bodies and committees of the University of Poona constituted under the Poona University Act, 1948 and the Shivaji University constituted under the Shivaji University Act, 1962,who are in office immediately before commencement of this Act, shall be deemed to be respectively the members of the Senate, of the Executive and Academic Councils, the Boards of Studies and other corresponding authorities, bodies and committees of the University and shall, until the date being [not later than the 31st day of December, 1975] [These words, figures and letters were substituted for the words, figures and letters 'not later than the 31st day of March, 1975' by Maharashtra 10 of 1975, Section 2.], on which the Vice-Chancellor [declares under sub-section (2) that the Senate shall be deemed to be duly constituted] [These words, figures and letters were substituted for the words 'declares the Senate has been duly constituted' by Maharashtra 60 of 1975, section 9(b).], exercise all the powers and perform all the duties conferred on the authorities, bodies and committees under this Act;
(b)if any vacancy occurs, otherwise than by efflux of time, in the office of a member of the Senate or of any of the authorities, bodies or committees referred to in this clause, it shall not be necessary to fill the same :
Provided that, the Chancellor may, after consulting the Vice-Chancellor nominate any person to fill any such vacancy:Provided further that, the omission to fill any such vacancy shall not invalidate any act or decision of any such authority, body or committee by reason only of the omission to fill the said vacancy;
(iii)all Faculties and Departments constituted under the said Act shall be deemed to have been constituted under this Act;
(iv)all colleges affiliated, colleges made constituent, institutions recognised and all secondary schools and higher secondary schools registered under the said Act and entitled to the privileges of the University under that Act, immediately before the commencement of this Act, shall be deemed to be affiliated, made constituent, recognised or registered or admitted to the privileges of the University, as the case may be, under this Act, except in so far as such privileges may be withdrawn, restricted or modified by or under this Act;
(v)all Graduates Registered or deemed to be Registered before the commencement of this Act shall, unless they are disqualified under clause (a), (b) or (e) of subsection (2) of section 81, be deemed to be registered under this Act :
Provided that, if any such graduate is a Registered Graduate of any other University established by law in the State of Maharashtra before the commencement of this Act, he shall cease to be a Registered Graduate, unless he has elected, as required by the proviso to the said sub-section (2) of section 81;
(vi)all property, moveable or immovable, and all rights, interest of whatsoever kind, powers and privileges of the University constituted under the said Act shall be transferred to and shall, without further assurance, vest in the University and be applied to the objects and purposes for which the University is constituted;
(vii)all benefactions accepted or received by the University constituted under the said Act, and held by it immediately before the commencement of this Act, shall be deemed to have been accepted or received or held by the University under this Act, and all the conditions on which such benefactions were accepted or received or held shall be deemed to be valid under this Act, notwithstanding that such conditions may be inconsistent with any of the provisions of this Act;
(viii)all debts, liabilities and obligations incurred before the commencement of this Act, and lawfully subsisting against the University constituted under the said Act, shall be discharged and satisfied by the University;
(ix)any will, deed or other document made before the commencement of this Act, which contains any bequest, gift, terms or trust in favour of the University constituted under the said Act shall, on the commencement of this Act, be construed as if the University constituted under this Act is named therein instead of the University constituted under that Act;
(x)all references in any enactment or other instruments issued under an enactment, to the University constituted under the said Act shall be construed as references to the University;
(xi)the appointment of the Registrar and all other officers and employees of the University constituted under the said Act, and validly made under that Act, and subsisting immediately before the commencement of this Act, shall be deemed to have made under and for the purposes of this Act; and the Registrar and such other officers and employees shall continue to hold office and to act, subject to the conditions governing the terms of their office or employment, except in so far as such conditions may be altered by a competent authority;
(xii)the appointment of examiners validly made under the said Act and subsisting immediately before the commencement of this Act shall be deemed to have been made under and for the purposes of this Act, and such examiners shall continue to hold office and to act until fresh appointments are made under this Act;
[(xii-a) the teachers, who were recognised Teachers of the University under the said Act or the Poona University Act, 1948, or the Shivaji University Act, 1962, immediately before the commencement of this Act, shall be deemed to be recognised Teachers of the University under and for the purposes of this Act and shall continue to be such recognised Teachers until fresh recognitions are granted under this Act;] [Clause (xii-a) was deemed always to have been inserted by Maharashtra 58 of 1974, section 10.]
(xiii)all Statutes, Ordinances, Regulations and Rules, all notices and orders made or issued under the said Act, shall, in so far as such Statutes, Ordinances, Regulations and Rules are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made or issued under this Act, until they are superseded or modified by the Statutes, Ordinances, Regulations, Rules, Notices and Orders made or issued by or under this Act :
Provided that, no Statute, Ordinance, Regulation, Rule, notice or order made or issued under the said Act, and in force immediately before the commencement of this Act, shall be deemed to be inconsistent with the provisions of this Act by reason only that the power to make or issue such Statute, Ordinance, Regulation, Rule, notice or order under this Act vests in a different authority or body or officer, or that the subject matter thereof is permissible only under a different form of subordinate legislation or instrument to be made under this Act.