Section 38 of The Indira Gandhi National Open University Act, 1985
If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Gazette of India, make such provisions, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
Summary
- Grants the Central Government the power to resolve unforeseen problems in applying the Act.
- Requires the government to issue a formal order published in the Gazette of India.
- Any order made to remove a difficulty must be consistent with the rules already in the Act.
- This power is temporary and exists for a limited time after the University is established.
Practical examples
FAQ
1. Can the government make an order that goes against the Act?
No, all orders issued under this section must be consistent with the provisions of the Act.
2. How long does the Central Government have this power?
This power expires three years after the Act commences.
3. Where are these orders officially announced?
They must be published in the Gazette of India.
4. Who decides if a "difficulty" exists that requires an order?
The Central Government makes the determination if it appears necessary or expedient.
Test yourself
Q1.Under Section 38 of The Indira Gandhi National Open University Act, 1985, what is the maximum time limit for the Central Government to exercise the power to remove difficulties?
Q2.Under Section 38 of The Indira Gandhi National Open University Act, 1985, where must an order for removing difficulties be published?
Q3.According to Section 38 of The Indira Gandhi National Open University Act, 1985, what is the primary restriction on orders made to remove difficulties?
Q4.Under Section 38 of The Indira Gandhi National Open University Act, 1985, what is the stated purpose of these government orders?