Section 26 of The Babasaheb Bhimrao Ambedkar University Act, 1994 in hindi
- (1)The first Statutes are those set out in the Second Schedule.
- (2)The Board of Management may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1): Provided that the Board of Management shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Board of Management.
- (3)Every new Statutes or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Board of Management for reconsideration.
- (4)A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.
- (5)Notwithstanding anything contained in the foregoing sub-sections, the Visitor, in exceptional circumstances, may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Board of Management is unable to implement such direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Board of Management for its inability to comply with such direction, make or amend the Statutes suitably.
Summary
- The very first Statutes are already written and attached to the Act in the Second Schedule.
- The Board of Management has the power to make, change, or remove Statutes over time.
- Before changing a Statute that affects a university authority, the Board must give that authority a chance to share its opinion in writing.
- No new or changed Statute is valid until the Visitor approves it.
Practical examples
FAQ
1. Where can someone find the original Statutes of the university?
The first Statutes are set out in the Second Schedule of the Act.
2. Can the Board of Management change a Statute without telling anyone?
No, if a change affects an authority of the university, that authority must be given an opportunity to express its opinion in writing.
3. Who has the absolute final say on whether a new Statute becomes valid?
The Visitor must give their assent for any new or amended Statute to have validity.
4. What happens if the university ignores a direct order from the Visitor to make a new Statute?
If the Board of Management does not implement the Visitor's direction within sixty days, the Visitor can make or amend the Statute themselves.
Test yourself
Q1.Under Section 26 of The Babasaheb Bhimrao Ambedkar University Act, 1994, where are the very first Statutes of the university located?
Q2.Under Section 26 of The Babasaheb Bhimrao Ambedkar University Act, 1994, what must happen before a Statute becomes legally valid?
Q3.Under Section 26 of The Babasaheb Bhimrao Ambedkar University Act, 1994, what procedural step is required if the Board of Management wants to alter a Statute that impacts the powers of the Academic Council?
Q4.Under Section 26 of The Babasaheb Bhimrao Ambedkar University Act, 1994, how long does the Board of Management have to implement an exceptional direction from the Visitor to make a Statute before the Visitor can do it themselves?