Section 35 in The Maharaja Krishnakumarsinhji Bhavnagar University Act, 1978
35. Affiliation.
(1)A college applying for affiliation to the University shall send a letter of application to the Registrar and shall satisfy the Executive Council and the Academic Council-(a)that the college will supply a need in the locality having regard to the type of education intended to be provided by the College, the existing provisions 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;(b)that the college is to be under the management of a regularly constituted governing body;(c)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;(d)that the buildings in which the college is to be located are suitable, and provision will 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;(e)that due provision has been made or will be made for a library;(f)that where affiliation is sought in any branch of experimental science, arrangements have been or will be made in conformity with the Statutes, Ordinances and Regulations for imparting instructions in that branch of science in a properly equipped laboratory or museum;(g)that due provision will, as far as circumstances may permit, be made for the residence of the Principal and some members of the teaching staff in or near the college or the place provided for the residence of the students;(h)that the financial resources of the college are such as to make due provision for its continued maintenance and efficient working; and(i)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;(j)that for recruitment of the Principal and members of the teaching staff to the college 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 representation of the University nominated by the Vice-Chancellor and the Head of the Department, if any, concerned with the subjects to be taught by such member;(k)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;(l)such other conditions as may be specified in the Statutes in accordance with the provisions of this Act :Provided that, nothing in Clause (j) shall apply to a Government college, a college maintained by Government or a college established and administered by minority whether based on religion or language.(2)The application shall contain an assurance that after the college is affiliated, any transference of management and all changes in the teaching staff and all other changes which result in any of the aforesaid requirements not being fulfilled or continued to be fulfilled shall be forthwith reported to the Executive Council.(3)On receipt of a letter of application under sub-section (1) the Executive Council shall-(a)direct a local inquiry to be made by a competent person or persons authorised by the Executive Council in this behalf in respect of the matters referred to in sub-sections (1) and such other matters as may be deemed necessary and relevant;(b)make such further inquiry as may appear to it to be necessary;(c)give due consideration to the request, if any, made by the applicant for reconsideration of any of the conditions conveyed to him;(d)record its opinion after consulting the Academic Council on the question whether the application should be granted or refused either in whole or in part, stating the result of an inquiry under Clauses (a) and (b) of subsection (1) :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.(4)The Registrar shall submit the application and all proceedings, if any, of the Academic Council and the Executive Council relating thereto to the State Government which shall, after such inquiry as may appear to it to be necessary, grant or refuse the application or any part thereof.(5)Where the application or any part thereof is granted, the order of the State Government shall specify the courses of instruction 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 recorded.(6)As soon as possible after the State Government makes its order, the Registrar shall submit to the Executive Council and the Academic Council a full report regarding the application, the action taken thereon under sub-sections (3) to (5) and of all proceedings connected therewith.(7)An application under sub-section (1) may be withdrawn at any time before an order is made under sub-section (4).(8)Every college, not being a college established and administered by a minority whether based on religion or language, which immediately before the commencement of this Act was affiliated to the Saurashtra University and is on such commencement affiliated to the University, shall as and when occasion first arises after such commencement for recruitment of the Principal and the teachers of the college, constitute or reconstitute its selection committee in conformity with the requirement mentioned in Clause (j) of sub-section (1) as if the said college had been affiliated subject to the condition mentioned in the said Clause (j).
