Section 43 of The University of Allahabad Act, 2005
Power to remove difficulties.
- (1)If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear 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.
- (2)Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.
Summary
- The Central Government has the power to issue special orders to clear up any difficulties in putting this Act into action.
- These orders are published in the Official Gazette and must not conflict with the actual rules of the Act.
- The government can only use this power within a strict window of three years from the date the Act starts.
- Every order made to remove a difficulty must be shown to both Houses of Parliament for a total of thirty days.
- Parliament has the authority to agree to modify the order or to cancel it entirely.
- If Parliament changes or cancels the order, any actions that were already taken under that order before the change remain legally valid.
Practical examples
FAQ
1. Who has the authority to remove difficulties in applying the Act?
The Central Government has the power to make provisions to remove difficulties.
2. Is there a time limit for the government to fix these difficulties?
Yes, the government cannot make any such order after three years from the commencement of the Act.
3. Can Parliament reject the government's order?
Yes, both Houses of Parliament can agree to either modify the order or declare that it should not be made at all.
4. If Parliament cancels an order, are past actions illegal?
No, the cancellation does not prejudice the validity of anything previously done under that order.
Test yourself
1.Under Section 43 of The University of Allahabad Act, 2005, what is the strict time limit for the Central Government to issue an order removing a difficulty?
2.Under Section 43 of The University of Allahabad Act, 2005, how long must an order removing a difficulty be laid before Parliament?
3.Under Section 43 of The University of Allahabad Act, 2005, what happens if Parliament decides to annul an order that the Central Government previously issued to remove a difficulty?
4.Under Section 43 of The University of Allahabad Act, 2005, what is a strict legal condition that the Central Government's order must meet when removing a difficulty?