33. [ Affiliation. [Section 33 was substituted by Gujarat 6 of 1973, section 29.]
(1)A college applying for a affiliation to the University shall send a letter of application to the Registrar, not later than 31st March of the year preceding the year in which the college is proposed to be started:Provided that, on the recommendation of the Vice-Chancellor, the Executive Council may, if it is satisfied that there are special reasons to do so, after recording such reasons, entertain a letter of application sent to the Registrar after 31st March.(2)On receipt of the letter, the Executive Council shall, in consultation with the Academic Council and after giving to the College an opportunity of stating its case, determine before 31st July following the month of March in the year first aforesaid whether the college will supply a need In the locality, having regard to the type of education intended to he provided by the college, the existing provision for the same type of education made by other colleges in the neighbourhood and the suitability of the locality where the college is to be established; and communicate the decision to the College before the said 31st July.(3)If any question arises as to the interpretation of the expression "a need in the locality" occurring in sub-section (2) the question shall be referred by the Executive Council to the Vice-Chancellor for his decision, which shall be final.(4)(a)Where the Executive Council determines under sub-section (2) that there is no need of the college in the locality or that the college will not supply the need of a college in the locality the college may make an appeal to the State Government against such determination before 30th September of the same year and the decision of the State Government shall be final.(b)The State Government shall decide the appeal under clause (a) and communicate the decision to the College before 31st December of the same year.(5)On receipt of the communication of decision that the College will supply a need in the locality the college shall be required to fulfil the following conditions, namely.-(a)that the college (other than a Government college or a college maintained by the Government) shall within such period, as may be determined by the Executive Council, be under the management of a governing body which shall include amongst its members, the Principal of the college, a representative of the University to be nominated by the Vice-Chancellor and three representatives of the teachers of the college and at least one representative each of the members of the non-teaching staff and the students of the college, to be elected respectively from amongst such teachers, members of the non-teaching staff and students;(b)that the strength and qualifications of the teaching staff and the conditions governing their tenure of office are such as to make due provision for the courses of instruction, teaching or training to be undertaken by the college;(c)that the building in which the college is or is to be located is suitable and that provision, has been or shall be made, in conformity with the Ordinances for the residence in the college or in lodgings approved by the college, of students not residing with their parents or guardians and for the supervision and welfare of students;(d)that due provision is made or shall be made for a library;(e)where affiliation is sought in any branch of experimental science, that arrangements have been or shall be made in conformity with the Statutes, Ordinances and Regulations for imparting instruction in that branch of science in a properly equipped laboratory or museum;(f)that due provision is made as far as circumstances permit, for the residence of the Principal and other members of the teaching staff in or near the college or the place provided for the residence of students;(g)that the financial resources of the college are such as to make due provision for its continued maintenance and efficient working;(h)that the college rules fixing the fees (if any) to be paid by the students have not been so framed as to involve such competition with any existing college in the same neighbourhood as would be injurious to the interests of education;(i)that for recruitment of the Principal and members of the teaching staff of the college (other than a Government college or a college maintained by Government) there is a selection committee of the college which shall include-(1)in the case of recruitment of the Principal, a representative of the University nominated by the Vice-Chancellor, and(2)in the case of recruitment of a member of the teaching staff of the college, a representative of the University nominated by the Vice-Chancellor and the Head of the Department, if any, concerned with the subject to be taught by such member;(j)that the college shall comply with the Statutes, Ordinances and Regulations providing for conditions of service including salary scales and allowances, of the teaching and other academic and non-academic staff of an affiliated college;(k)such other conditions as may be specified in the Statutes in accordance with the provisions of this Act.(6)On receipt of communication from the college that the conditions referred to in sub-section (5) have been fulfilled, the Executive Council shall-(a)direct an inquiry to be made by a competent person or persons as to whether the conditions and the minimum requirements for affiliation have been fulfilled by the college;(b)make such further inquiry as may appear to it to be necessary;(c)take after considering the report of the inquiry under clauses (a) and (b) and after consultation with the Academic Council a decision, on the question whether the application should be granted or refused, either in whole or in part, before 31st January of the year next after the year in which the letter of application for affiliation is sent, stating the result of any enquiry under clauses (a) and (b):Provided that, where the views of the Academic Council with regard to the affiliation of a College are not acceptable to the Executive Council, the Executive Council shall refer the matter again to the Academic Council, with or without its comments, and the Academic Council shall communicate again to the Executive Council its views with regard to the affiliation of the College.(7)Where the application or any part thereof is granted the order of the Executive Council shall specify the courses of the instructions in respect of which the college is affiliated and where the application or any part thereof is refused the grounds of such refusal shall be stated.(8)Where an application of a college or a part of such application is refused under sub-section (7) the college may make an appeal to the State Government against such refusal and the decision of the State Government in such appeal shall be final.(9)An application under sub-section (1) may be withdrawn at any time.(10)Notwithstanding anything contained in the foregoing provisions of this section, any college situate within the University area which immediately before the commencement of the Gujarat University (Amendment) Act, 1972 (Gujarat 6 of 1973) is affiliated to any other University established by law, may, at any time after such commencement, send to the Registrar a letter of application for affiliation to the University and on receipt of such letter, if the Executive Council is satisfied, after such inquiry as it deems fit, that the minimum requirements for affiliation are to a reasonable extent complied with by such college, it may, after consultation with the Academic Council and with the previous sanction of the State Government, grant affiliation to such college in such courses of instruction as it deems fit, subject to the fulfillment of the conditions referred to in sub-section (5) within such period as may be specified in the order granting affiliation] [Sub-section (2) was substituted by Gujarat 6 of 1973, section 16.].
