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State of Gujarat - Section

Section 37 in The Gujarat University Act, 1949

37. Withdrawal of affiliation.

(1)The rights conferred on a college by affiliation may be withdrawn in whole or in part or modified if the college has failed to carry out any of the provisions of [sub-section (5) of] [These words, brackets and figures were substituted for the words, brackets and figures 'Subsection (1) of' by Gujarat 6 of 1973, section 34 (1).] section 33 or the college has failed to observe any of the conditions of its affiliation or the college is conducted in a manner which is prejudicial to the interests of education.
(2)A motion for the withdrawal or the modification of such rights shall be initiated only in the [Executive Council] [This word was substituted for the word 'Syndicate' by Gujarat 6 of 1973, section 2 (2).], The member of the [Executive Council] [This word was substituted for the word 'Syndicate' by Gujarat 6 of 1973, section 2 (2).] who intends to move such a motion shall give notice of it and shall state in writing the grounds on which it is made.
(3)Before taking the said motion into consideration, the [Executive Council] [This word was substituted for the word 'Syndicate' by Gujarat 6 of 1973, section 2 (2).] shall send a copy of the notice and written statement mentioned in sub-section (2) to the Principal of the college concerned together with an intimation that any representation in writing submitted within a period specified in such intimation on behalf of the college will be considered by the [Executive Council] [This word was substituted for the word 'Syndicate' by Gujarat 6 of 1973, section 2 (2).]:Provided that the period so specified may, if necessary, be extended by the [Executive Council] [This word was substituted for the word 'Syndicate' by Gujarat 6 of 1973, section 2 (2).].
(4)On receipt of the representation or on the expiry of the period referred to in subsection (3) the [Executive Council] [This word was substituted for the word 'Syndicate' by Gujarat 6 of 1973, section 2 (2).] after considering the notice of motion, statement and representation, and after such inspection by any competent person or persons authorised by the [Executive Council] [This word was substituted for the word 'Syndicate' by Gujarat 6 of 1973, section 2 (2).] in this behalf, and such further inquiry as may appear to it to be necessary and after consulting the Academic Council [shall by a resolution withdraw, wholly or partially, or modify, the rights conferred by affiliation:Provided that where the views of the Academic Council with regard to the withdrawal or modification of the rights conferred by affiliation are not acceptable to Executive Council, the Executive Council shall, before passing such resolution, 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 in the matter.] [These words and proviso were substituted for the words 'shall make a report to the Senate' by Gujarat 6 of 1973, section 34 (2).]
(5)[ *****
(6)* * * * *] [Sub-sections (5) and (6) were deleted by Gujarat 6 of 1973, section 34 (3).]
(7)[Where by a resolution passed under sub-section (4)] [These words, brackets and figure were substituted for the words, brackets and figure 'Where by an order made under sub-section (6) by Gujarat 6 of 1973, section 34 (4) (a).] the rights conferred by affiliation are withdrawn in whole or in part or modified, the grounds for such withdrawal or modification shall be stated [in resolution] [These words were substituted for the words 'in the order' by Gujarat 6 of 1973, section 34 (4) (b).].
(8)[ Where a resolution withdrawing wholly or partially, or modifying the rights conferred by affiliation is passed under sub-section (4) a copy of the same shall be sent to the Principal of the college concerned who may make an appeal to the State Government against such resolution and the decision of the State Government in such appeal shall be final.
(9)The Executive Council may on recommendation of the Academic Council recommend to the State Government withholding or reduction of a grant to an affiliated college which on a report by an inspection committee or otherwise is found to be making persistent default in carrying out the conditions of affiliation] [Sub-sections (8) and (9) were added by Gujarat 6 of 1973, section 34 (5).].