State of Gujarat - Act
Gujarat University (Amendment) Act, 1972
GUJARAT
India
India
Gujarat University (Amendment) Act, 1972
Act 6 of 1973
- Published on 8 March 1973
- Not commenced
- [This is the version of this document from 8 March 1973.]
- [Note: The original publication document is not available and this content could not be verified.]
An Act further to amend the Gujarat University Act, 1949.It is hereby enacted in the Twenty-third Year of the Republic of India as follows:-* (Received the assent of the Governor on 8th March, 1973 and published in the "Gujarat Government Gazette" on the 9th March 1973)(2)It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. (1)throughout the Act, for the word "Senate" wherever it occurs, the word "Court" shall be substituted; (2)throughout the Act, for the word "Syndicate" wherever it occurs, the word "Executive Council" shall be substituted. (1)after clause (1), the following clauses shall be inserted, namely)-"(1A) "approved institution" means an institution approved under section 35A; (1B)"autonomous college" means a college which exercises the powers conferred on it under section 38B; (1C)"autonomous recognized institution" means a recognized institution which exercises the powers conferred on it under section 38B; (1D)"autonomous University Department" means a University Department which exercises the powers conferred on it under section 38B"; (2)after clause (3), the following clause shall be inserted, namely:-"(3AA) "Department" means a department designated as such by Ordinances with reference to a subject or a group of subjects;" (3)after clause (3A), the following clause shall be inserted, namely:-"(3B) "Head of Department" means a teacher principally responsible for instruction) training or research in a department"; (4)for clause (11), the following clause shall be substituted, namely:-"(11) "Statutes", "Ordinances", "Regulations" and "Rules" mean respectively the Statutes, Ordinances, Regulations and Rules of the University made under this Act"; (5)in clause (12), for the words "a recognized institution" the words "a recognised or approved institution" shall be substituted. (6)in clause (15), for the word "Schedule" the word and figure "Schedule I" shall be substituted. (1)to provide for instruction, including correspondence courses, teaching and training in such branches of learning and courses of study as it may think fit, to make provision for research, advancement and dissemination of knowledge, and to conduct special under-graduate courses for talented students; (2)to make such provision as would enable affiliated colleges, recognised institutions and approved institution to undertake specialization of studies; (3)to establish, maintain, take over by agreement and manage colleges, departments, centres and institutes of research or specialized studies; (4)to organize common laboratories, libraries, museums and other equipment for teaching and research; (5)to establish within the University area or outside that area such field stations, specialized laboratories and other units for research and instructions as are necessary for the furtherance of its objects; (6)to create such teaching, administrative and other posts as the University may deem necessary from time to time and to make appointments thereto; (7)to institute professorships, readerships, lecturerships and other posts of teachers required by the University; (8)to appoint or recognize persons as professors, readers, or lecturers, or otherwise as teachers of the University; (9)to guide teaching and research work in colleges, University Departments, University centres and recognised institutions; (10)to lay down the courses of instruction for the various examinations; (11)to institute degrees, diplomas and other academic titles and distinctions; (12)to hold examinations or tests and confer degrees and diplomas on, and grant certificates to, persons who-(a)have pursued approved courses of study in the University or in an affiliated college, unless exempted therefrom, in the manner prescribed by the Statutes, Ordinances, Regulations and Rules and have passed the examinations or tests prescribed by the University, or (b)have carried on research under conditions prescribed by the Statutes, Ordinances, Regulations or Rules; (13)to confer honorary degrees or other academic distinctions in the manner laid down by Statutes; (14)to grant such diplomas to, and to provide such lectures, instruction and training to, persons who are not enrolled students of the University, as may be determined by the Statutes, Ordinances, Regulations and Rules; (15)to withdraw or cancel any degree, diploma or certificate conferred or granted by the University in the manner prescribed by Statutes; (16)to associate or admit educational institutions with or to the privileges of the University by way of affiliation, recognition or approval; (17)to withdraw or modify either in whole or in part, affiliation, recognition or approval of educational institutions; (18)to submit to the State Government proposals for conferment of autonomy on any affiliated college or a University college, or a University Department or a recognized institution entitling it to privileges in the matters admission, of students, prescribing the courses of study, imparting instruction teaching and training in the courses of study, the holding and conduct of examinations and the powers to make necessary rules for the purpose; (19)to recommend to the State Government withdrawal of autonomy conferred on any affiliated college, recognized institution or a University College or Department; (20)to inspect colleges, recognized institutions and approved institutions and to take measures to ensure that proper standards of instruction, teaching and training are maintained in them and that adequate library and laboratory provisions are made therein; (21)to lay down and regulate the salary scales, allowances, and other conditions of service of the members of the teaching, other academic and non-teaching staff of the University; (22)to lay down and regulate the salary scales, allowances and other conditions of service of the members of the teaching, other academia and non-teaching staff in the affiliated colleges and rerosrnized and approved institutions; (23)to provide for the establishment and recognition of Students' Unions or associations of teachers, academic staff or other employees of the University, affiliated colleges and recognized institutions; (24)(a)to control and co-ordinate the activities of, and to give-financial aid to, affiliated colleges and recognized and approved institutions, and (b)to regulate the fees to be paid by the students in affiliated colleges, and recognized and approved institutions; (25)to hold and manage trusts and endowments; (26)to institute and award fellowships, travelling fellowships, scholarships, studentships, medals, prizes and other awards; (27)to make special provision for the spread of University education among classes and communities which are educationally backward; (28)to lay down courses of study to meet the requirements of rural planning, development and reconstruction and to provide for instruction, teaching and training in such courses; (29)to make special provision for disseminating knowledge and promoting arts and culture; (30)to fix, to demand and to receive or recover such fees and other charges as may be prescribed by Ordinances; (31)to establish, maintain and manage hostels; (32)to recognize hostels not maintained by the University, to inspect such hostels and to withdraw recognition therefrom; (33)to co-ordinate, supervise, regulate and control the residence, conduct and discipline of the students of the University and to make, arrangements for promoting their health and general welfare; (34)to take disciplinary action against the students of the University and to impose such punishments upon them as may be deemed fit for breach of discipline or misconduct, within or outside the University, including the use of unfair means at an examination or in relation thereto by themselves or by any other persons or abetment thereof; (35)to conduct, co-ordinate, supervise, regulate and control postgraduate teaching and research work in the University Departments, affiliated colleges and institutions recognized or approved by the University; (36)to co-ordinate, supervise, regulate and control the conduct of under graduate teaching and instruction in the affiliated colleges and to undertake the same in University colleges; (37)to institute and manage-(a)Printing and Publication Department, (b)University Extension Boards, (c)Information Bureaux, and (d)Employment Bureaux; (38)to make provision-(a)for Continuing Education, Adult Education, Extra-Mural teaching, Extension Services and other recognized educational activities; (b)for physical education, National Cadet Corps, National Service Scheme, National Sports Organization, military training and such other reoognized activities; (c)for Students' Unions; and (d)for sports and athletic activities; (39)to oo-operate with any other universities, authorities or associations or any other public or private bodies in such manner and for such purposes as the University may determine; (40)to make arrangements for training for competitive examinations for recruitment of services under the Union and State Governments; (41)to promote the development of the study of Gujarati and Hindi (in Devnagari script) and the use of Gujarati or Hindi (in Devnagari script) or both, as the media of instruction and examination; (42)to acquire, hold, manage and dispose of any property movable and immovable, including trust or endowed property within or outside the University area, for the purposes or objects of the University and to invest any funds representing such property in such manner as the university thinks fit; (43)to raise public loans on the security of the assets of the University for the purposes of the University, with the previous approval of the State Government; (44)to enter into any agreement for the incorporation in the University of any other institution and for taking over its rights, properties and liabilities and for any other purpose not repugnant to this Act; (45)to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University and generally to cultivate and promote Arts, Science and other branches of learning and culture. (a)in item (iii) for the word "Rector" the word "Pro-Vice-Chancellor" shall be substituted; (b)in item (v), the word "and" shall be deleted; (c)after item (v), the following item shall be inserted, namely:- "(v-a) The University Librarian, and".(1)for sub-section (1) the following sub-section shall be substituted, namely:-"(1) The Chancellor shall in consultation with the State Government nominate the Vice-Chancellor from amongst three persons recommended by the Court:Provided that no person who has completed the age of sixty five years or who if recommended would complete the age of sixty five years at the time of his appointment shall be recommended by the Court."; (2)for sub-section (2), the following sub-section shall be substituted namely:-"(2) The Vice-Chancellor shall hold office for a term of five years and he shall not he eligible for nomination for a further term in the University."; (3)for sub-section (3), the following sub-section shall be substituted, namely:-"(3)(a) During the leave or absence of the Vice-Chancellor, or(b)in the event of a permanent vacancy in the office of the Vice Chancellor, until an appointment is made under sub-section (1) to that office, the Pro-Vice-Chancellor, if any, and in the absence of the Pro-Vice-Chancellor one of the Deans nominated by the Chancellor for that purpose shall carry on the current duties of the office of the Vice-Chancellor". (2)If the Court decides that appointment shall be made to the office of the Pro-Vice-Chancellor, the Pro-Vice-Chancellor shall be appointed by the Chancellor, on the recommendation of the Vice-Chancellor. (3)No person who has completed the age of sixty five years shall be eligible for appointment as Pro-Vice-Chancellor. (4)The Pro-Vice-Chancellor shall hold office for a term of five years or for a term expiring on the date on which he shall complete the age of sixty five years, whichever is less. (5)The Pro-Vice-Chancellor shall be a whole-time salaried officer and his emoluments and conditions of service shall be such as shall be determined by the Statutes:Provided that the emoluments and conditions of service of any holder of such office shall not be varied to his disadvantage after his appointment except with his consent. (6)The Pro-Vice-Chancellor shall be the principal inspecting officer of the University and shall exercise such of the powers and perform such of the duties of the Vice-Chancellor as the Vice-Chancellor may either specially or generally confer or impose on him, with the approval of the Executive Council. (7)The Pro-Vice-Chancellor shall preside-(a)in the absence of the Chancellor and the Vice-Chancellor at the meetings of the Courts and (b)in the absence of the Vice-Chancellor at the meetings of any other authority of the University or a Committee thereof". (i)The Court, (ii)The Executive Council, (iii)The Academic Council, (iv)The Faculties, (v)The Boards of University Teaching and Research, (vi)The Boards of Studies, (vii)The Board of Extra-Mural Studies. (viii)The Board for Students' Welfare, (ix)The Board for Hostels' Management, (x)The Academic Planning Board, (xi)Such other bodies of the University as may be declared by the Statutes to be the authorities of the University. (2)The term of office of elected members other than those referred to in clause (i) of paragraph (B) in class II and of the nominated members referred to in paragraph (D) in class II shall be five years and of the members referred to in clause (i) of paragraph (B) in class II shall be for one academic year:Provided that every person elected under paragraph (A) or paragraph (B) in Class II or nominated under clause (i) of paragraph (D) in Class II shall continue to hold office of a member of the Court so long only as he is a member, of the electing body or, as the case may be, bodies or is a Principal or a headmaster or a secondary teacher of a high school or a teacher or a student, or Dean of Faculty or Professor of University Department, or University teacher or a head of a recognized institution, as the case may be". (1)to consider and to decide matters of general policy relating to the progress and development of the University; (2)to suggest steps to be taken by the authorities of the University in pursuance of the policy decided upon by the Court; (3)to suggest the establishment of new areas of teaching and research; (4)to institute, confer or grant on the recommendations of the Executive Council and the Academic Council, degrees, diplomas and certificates; (5)to confer, on the recommendations of the Executive Council and the Academic Council, honorary degrees, or other academic distinctions; (6)to make, amend or repeal Statutes; (7)to consider, record, cancel or refer back, but not to amend Ordinances; (8)to consider and pan resolutions on the annual reports, annual account and financial estimates; (9)to consider the annual audited accounts and to make suggestions there on, if any; (10)to raise, on the recommendation of the Executive Council public loans on the security of the assets of the University, with the previous approval of the State Government; (11)to elect office-bearers and authorities as provided in this Act and the Statutes; (12)to elect members to the various authorities of the University as prescribed by the Statutes; (13)to make provision relating to the use of Gujarati or Hindi (in Devnagariscript) or both as media of instruction and examination; (14)to institute on the recommendations of the Executive Council and the Academic Council, any Departments and Faculties in the University; (15)to submit to the State Government, on the recommendation of the Executive Council, proposals for conferment of autonomy on any affiliated college or a recognized institution or a University Department or University college, entitling it to privileges in the matters of admission of student prescribing the courses of study, imparting instruction, teaching and training in the courses of study, the holding and conduct of examinations and the powers to make necessary rules for the purpose; (16)to recommend to the State Government withdrawal of autonomy conferred on any affiliated college, recognized institution or a University college or Department; (17)to sanction the transfer of any immovable property on the recommendation of the Executive Council; (18)to exercise such other powers and perform such other duties as are may be conferred or imposed upon it by or under this Act),". (2)The term of office of the elected and nominated members shall be three years". (2)The Executive Council shall not transfer any immovable property in exercise of its power under clause (ix) of sub-section (1) except with the previous sanction of the Court; and no transfer of immovable property which is not made with such previous sanction shall be binding on the University. (3)The powers and duties under clauses (xix) to (xxi), (xxvi) to (xxx), (xxxiii) to (xxxvii), and (xl) of sub-section (1) shall not be exercised by the Executive Council except upon the recommendations made by the Academic Council. (4)The Executive Council may by Ordinances appoint committees to carry out its administrative work and define their constitution, function and tenures. (5)The Executive Council shall make a report of every case of acceptance of property under clause (viii) of sub-section (1) to the Court,". (2)As soon as the Academic Council is constituted under sub-section (1) it may co-opt as its additional members two eminent persona who are experts in any of the subjects taught in the University, whether they are or are not connected with the University as its members, teachers or otherwise. (3)The term of office of the members of the Academic Council other than ex-officio members and members specified in clause (vi) shall be three years and that of the members specified in clause (vi) shall be one year". (i)to approve Regulations made by the Faculty concerned laying down courses of study; (ii)to approve Regulations made by the Faculty concerned laying down special courses of study; (iii)to arrange for co-ordination of studies and teaching in affiliated colleges and recognised and approved institutions; (iv)to promote research within the University; (v)to approve proposals for allocating subjects to the Faculties; (vi)to make proposals for the establishment of University Departments, Institutions of Research and specialized studies, libraries, laboratories and museums; (vii)to approve and to recommend proposals for the institution of professorships, readerships, lecturerships and any other posts of teachers required by the University and for prescribing the duties of such posts; (viii)to approve and to recommend proposals for the institution of fellowships, travelling fellowships, scholarships, studentships and medals and other awards and to make Regulations for their award; (ix)to make Regulations regarding the examinations of the University and the conditions on which students shall be admitted to them; (x)to make and approve Regulations prescribing the equivalance of examinations; (xi)to approve Regulations prescribing the manner of granting exemption from approved courses of study in the University or in affiliated colleges for qualifying for degrees, diplomas and certificates; (xii)to recommend to the Executive Council, the institution, conferment and grant of degrees, diplomas and certificates in the manner prescribed by Statutes; (xiii)to recommend to the Executive Council, the conferment of honorary degrees and other academic distinctions, in the manner prescribed by Statutes; (xiv)to recommend to the Executive Council, the institution of Departments and Faculties; (xv)to recommend to the Executive Council the affiliation of colleges and recognition or approval of an institution; (xvi)to refer any academic matter to the relevant University authority or body for consideration; (xvii)generally to advise the University on all academic matters; and (xviii)to exercise such powers and perform such other duties as may be conferred or imposed on it by or under this Act, Statutes and Ordinances". (1)in sub-section (1), the word "Agriculture" shall be deleted; (2)for subjection (2), the following sub-section shall be substituted, namely:-"(2) Each Faculty shall consist of-(i)All Chairmen of the Boards of Studies for the subjects comprised in the Faculty; (ii)the University Professors of subjects comprised in the Faculty; (iii)the members of the Court who have taught for not less than ten years at the, under-graduate level or at post-graduate level in any of the subject comprised in the Faculty; (iv)one member who is a teacher to be elected by each Board of Studies from amongst its members other than the Chairman; (v)one member to be elected by such of the members of the Boards of Studies for the subjects comprised in the Faculty as are students from amongst themselves."; (3)sub-section (3) shall be deleted; (4)for sub-section (4) the following shall be substituted, namely:-"(4) The term of the office of a member of a Facility other than the member elected under clause (v) shall be such as may be prescribed by Statutes and that of the member elected under clause (v) shall be for the academia year in which he is elected". (2)Without prejudice to the generality of the foregoing provision and subject to such conditions as may be prescribed by or under the provisions of this Act, each Faculty shall exercise the following powers and perform the following duties, namely:-(i)to make Regulations in consultation with the Boards of Studies concerned laying down courses of study in the Faculty; (ii)to make Regulations regarding special courses of study in the Facility; (iii)to make Regulations for the standard of passing the relevant examinations in the Faculty and for awarding classes at such examinations; (iv)to make proposals for promoting research in the subjects assigned to the Faculty; (v)to make proposal for allocating subjects to the Faculty; (vi)to make proposals for the establishment of departments, institutes of research and specialised studies, libraries, laboratories and museums concerned with the Faculty; (vii)to make proposals for the institution of professorships, readerships, lecturerships and any other posts of teachers in the Faculty and for prescribing the duties of persons occupying such posts; (viii)to make proposals for the institution of fellowships, travelling fellowships, scholarships, studentships, medals, prizes and other awards, and to make Regulations for their grant; (ix)to make Regulations for the minimum teaching work for every subject and the minimum laboratory work and any other prescribed work to be done by students for any subject in the Faculty; (x)to make Regulations prescribing the manner of granting exemption from approved courses of study in the University or in affiliated colleges for qualifying for degrees, diplomas and certificates in the Faculty; (xi)to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act, Statutes, Ordinances and Regulations; and (xii)generally to advise the University on all academic matters pertaining to the courses of study in the Faculty. (1)in sub-section (1), the portion beginning with the words "who are members of the Senate" and ending with the words "by the Statutes" shall be deleted; (2)after sub-section (1) the following sub-sections shall be inserted, namely:-"(1A) The Dean shall hold office for a term of three years and shall be eligible for being re-elected to that office for a further term of three years only. (1B)The Dean shall exercise such powers and perform such functions and duties as may be prescribed by the statutes". (2)The constitution of each of these Boards and the term of office of its members shall be such as may be prescribed by the Statutes. (3)Subject to such conditions as may be prescribed by or under the provisions of this Act, a Board of University teaching and Research shall exercise the following powers and perform the following duties, namely:-(i)to maintain standards of Post-graduate teaching and Research; (ii)to advise the Boards of Studies regarding any trends in post-graduate syllabi, instructions and any other developments; (iii)to make recommendations regarding the admission to, and evaluation of Research Degrees; (iv)to make recommendations regarding the regulations of Ph.D. Degrees; (v)to make recommendations regarding the qualifications and number of the post-graduate teachers and Research Guides or Supervisors; (vi)to approve the subjects of research and to suggest panels of names of examiners for research thesis; (vii)to make any other recommendation regarding organisation, co-ordination and improvement of post-graduate teaching and Research in the University as a whole". (1)for sub-section (2), the following sub-section shall be substituted, namely:-"(2) The constitution of each Board and the term of office of its members shall be such as may be prescribed by the Statutes."; (2)sub-section (4) shall be deleted; (3)for sub-section (5), the following sub-sections shall be substituted, namely"(5) Subject to such conditions as may be prescribed by or under the provisions of this Act and Statutes, the Boards of Studies shall exercise the following powers and perform the following duties, namely:-(i)to recommend courses of studies in the subject or subjects, with which the Board is concerned (hereinafter in this sub-section referred to as "the subject"); (ii)to recommend and prescribe, where necessary, books for study in the subject; (iii)to recommend programmes for extension service and research in the subject; (iv)to recommend the organisation of seminars, refresher courses and workshops to the Dean of Faculty; (v)to recommend programmes for experiments and research in the courses of study prescribed in the subject; (vi)to recommend schemes for preparation and translation of books in the subject and suggest bibliographies of books for study; (vii)to propose Regulations pertaining to the courses of study and examinations in the subject; (viii)to review periodically the terminology current in the subject; (ix)to prepare panels of examiners for the subject at different examinations, inducting the panels of applicants who fulfil the qualifications laid down by the Academic Council for appointment as examiners, and to suggest from among the panels, persons particularly suited for any branch or any paper of a subject; (x)to bring to the notice of the relevant University authority important matters connected with examinations in the subject and also to address the Faculty concerned on any matters connected with the improvement of courses in the subject; (xi)to exercise such other powers and perform such other duties as may be prescribed by Statutes. (6)Any two or more Boards may, and, at the request of the Executive Council or the Academic Council or the Dean of the Faculty, shall meet and make a joint report upon any matter which lies within the purview of both. In such cases, the joint meeting shall clect its own Chairman and the quorum for such a joint meeting shall include the full quorum of each Board represented, no member present being counted more than once for the purpose of determining the quorum". (1)in sub-section (1), for the words "Welfare and such other Boards" the words "Welfare, a Board for Hostels' Management, an Academic Planning Board and such other Boards" shall be substituted; (2)in sub-section (2), for the words "as prescribed by the Ordinances" the words "as prescribed by the Statutes" shall be substituted. (1)in item (i), the word "titles" shall be deleted; (2)in items (vii) and (ix), for the words "recognized institutions" the words "recognized and approved institutions" shall be substituted. (1)in sub-section (1), for the words "The Acadcmic Council may, subject to the approval of the Syndicate," the words "The Academic Council, and subject to the approval of the Academic Council, each Faculty, may" shall be substituted; (2)in sub-section (2), for the words, brackets and letters "in clauses (iv) to (vii)" the words, brackets and letters "in clauses (v) to (vii)" shall be substituted; (3)after sub-section (2), the following sub-section shall be added, namely:-"(3) All Regulations made by the Academic Council or any Faculty and all Rules made by any authority or Board shall have effect from such date as the authority making the Regulations or Rules, may direct:Provided that a Regulation or a Rule which involves expenditure from the University Fund shall not be effective until it is approved by the Executive Council". (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 typo of education intended to lie provided by the college, the existing provision for the same type of education made by other college in the neighborhood 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 reed 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 atleast 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 duo 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 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 immediatetly before the commencement of the Gujarat University (Amendment) Act, 1972 (Guj. 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 each 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". (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 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. (2)Every college referred to in sub-section (1) shall,-(a)within a period of six months after such commencement, constitute or reconstitute its governing body in conformity with sub-section (1), and (b)as and when occasion first arises after such commencement, for recruitment of the Principal and teachers of the college, constitute or reconstitute its selection committee so as to be in conformity with sub-section (1). (3)The provisions of sub-section (1) shall be deemed to be a condition of affiliation of every college referred to in sub-section (1)". (i)in sub-section (2), in clause (c), for the word "equipment" the words "equipment, library facilities" shall be substituted; (ii)in sub-section (4), the words "and make a report to that effect to the Academic Council and the Senate at their next succeeding meeting" shall be deleted. (2)An institution which desires to have such approval shall send a letter of application to the Registrar and shall give full information in the letter of application in respect of the following matters, namely:-(a)the name, qualifications, experience and research work of the teacher under whom approved work is to be done; (b)the nature of work or the subjects for which work is proposed to be done; (c)accommodation, equipment, library facilities and the number of students for whom provision has been made or is proposed to be made; (d)fees levied or, proposed to be levied and the financial provision made for capital expenditure on buildings and equipment and for the continued maintenance and efficient working of the institution. (3)Before taking the application into consideration the Executive Council may call for any further information which it may deem necessary. (4)If the Executive Council decides to take the application into consideration, it may direct a local inquiry to be made by a competent person or persons authorised by it in this behalf. After considering the report made as a result of such local inquiry and making such further inquiry as may appear to it to be necessary, the Executive Council shall, after obtaining the opinion of the Academic Council grant or refuse the application or any part thereof. Where the application or any part thereof is granted, the Executive Council shall specify the subjects and courses of instruction in respect of which the institution is approved. Where the application or any part thereof is refused, the grounds of such refusal shall be stated". (1)in sub-section (1), for the words "affiliated college and recognized institution" the words "affiliated college, recognised institution and approved institution" shall be substituted; (2)after sub-section (1), the following sub-section shall be inserted, namely:-"(1A)(a) There shall be an inspection committee consisting of the Pro-Vice-Chancellor, if any, as the chairman and such other members as may be appointed by the Executive Council in accordance with the Statutes.(b)On a direction by the Executive Council in that/behalf, it shall be the duty of the inspection committee to inspect an affiliated college, or as the case may be, a recognised or approved institution and make a report to the Executive Council."; (3)for sub-section (2), the following shall be substituted, namely:-"(2) The Executive Council shall cause every such college or institution to be inspected from time to time by the inspection committee,"; (4)in sub-section (3), for the words, brackets and figures "sub-section (1) of section 33 and sub-section (1) of section 35" the words, brackets, figures and letter "sub-section (5) of section 33, sub-section (2) of section 35 and sub-section (2) of section 35A" shall be substituted. (1)in sub-section (1), for the words, brackets and figure "sub-section (1) of’ the words, brackets and figure "sub-section (5) of" shall be substituted; (2)in sub-section (4), for the words "shall make a report to the senate" the following words and proviso shall be substituted, namely:-"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 the 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."; (3)sub-sections (5) and (6) shall be deleted; (4)in sub-section (7)-(a)for the words, brackets and figure "Where by an order made under sub-section (6)" the words, brackets and figure "Where by a resolution passed under sub-section (4)" shall be substituted; (b)for the words "in the order" at the end, the words "in the resolution" shall be substituted; (5)after sub-section (7), the following sub-sections shall be added, namely;-"(8) Where a resolution withdrawing wholly or partially, or modifying the rights conferred by affiliation is passed under sub-section 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". (1)for sub-section (4), the following shall be substituted, namely:-"(4) On receipt of the representation or on the expiry of the period referred to in sub-section (3), the Executive Council after considering the notice of motion, statement and representation and after such inspection by any competent person or persons authorised by the Executive Council in this behalf, and after such further inquiry as may appear to it to be necessary and after consulting the Academic Council may by a resolution withdraw or suspend recognition."; (2)sub-section (5) shall be deleted. (2)Before making an order under sub-section (1) in respect of any approved institution, the Executive Council shall by notice in writing call upon the institution to show cause within one month from the date of the receipt of the notice, why such an order should not be made. The period so given for showing the cause may, if necessary, be extended by the Executive Council. (3)On receipt of the explanation, if any, made by the institution in reply to the notice, and where no such reply is received on the expiry of the period referred to in sub-section (2), the Executive Council shall, after consulting the Academic Council and after such inquiry, if any, as may appear to it to be necessary, decide whether the approval should be withdrawn or, as the case may be, suspended and make an order accordingly". (1)for the words "recognized institution" wherever they occur the words "recognized or approved institution" shall be substituted; (2)in sub-section (2),(a)for the words "or recognized" the words "or recognized or approved" shall be substituted; (b)for the words "or recognition" the words "recognition or approval" shall be substituted; (3)in the marginal note, for the words "and recognized institutions" the words "recognized or approved institutions" shall be substituted. (2)Either on receipt of a letter of application under sub-section (1) or where it appears to the Executive Council that the standards of education in any affiliated college or University college or recognized institution or University Department are so developed that it would be in the interest of education to allow the college, institution or Department to enjoy autonomy in the specified matters, on its own motion, the Executive Council, shall-(a)for the purpose of satisfying itself whether the standards of education in such college, institution or Department are so developed that it would he in the interest of education to allow the college, institution or Department to enjoy autonomy in the specified matters-(i)direct a local inquiry to be made by a competent person or persons authorised by the Executive Council in this behalf, and (ii)make such further inquiry as may appear to it to be necessary; (b)after consulting the Academic Council on the question whether the college, institution, or Department should be allowed to enjoy autonomy in the specified matters and stating the result of the inquiry under clause (a) record its opinion on that question; and (c)make a report to the Court on that question embodying in such report the result of the inquiries, the opinion of the Academic Council and the opinion recorded by it. (3)On receipt of the report under sub-section (1), the Court shall, after such further inquiry, if any, as may appear to it to be necessary record its opinion on the question whether the college, institution or Department should be allowed autonomy in the specified matters. (4)The Registrar shall thereupon submit the proposals for conferring such autonomy on such college, institution or Department and all proceedings, if any, of the Academic Council, the Executive Council and the Court relating thereto, to the State Government. (5)On receipt of the proposals and proceedings under sub-section (4), the State Government, after such inquiry as may appear to it to be necessary, may sanction the proposals or reject the proposals. (6)Where the State Government sanctions the proposals, it shall by an order published in the Official Gazette confer on the college, institution or Department specified in the proposals, power to regulate the admission of students to the college, institution or, as the case may be, the Department, prescribing the course of studies in the college, institution or Department, the imparting of instructions, teaching and training in the course of studies, the holding of examinations and powers to make the necessary rules for the purpose after consulting the Executive Council and such other powers as may have been specified in the proposals. (7)A college, recognized institution or University Department exercising the powers under sub-section (6) shall be eddied an autonomous college, Autonomous recognized institution or, as the case may be, autonomous University Department. (8)In the case of an autonomous college, autonomous recognized institution or autonomous University Department, the University shall continue to exercise general supervision over such college, institution or Department and to confer degrees on the students of the college, institution or Department passing any examination qualifying for any degree of the University. (2)The Standing Committee shall exercise such of the powers of the college, institution or Department under section 38B as the college, institution or Department may delegate to it. (3)The Standing Committee may appoint a special committee or committees for the purpose of exercising such powers and performing such functions of an authority of the University other than the Court, the Executive Council and the Academic Council, in relation to the college, institution or Department as the Standing Committee may, subject to such conditions as it thinks fit to impose, assign to it or them. (2)The Executive Council shall cause every autonomous college, institution or Department to be inspected from time to time by the inspection committee referred to in section 3G or by one or more competent persona authorised by it in this behalf. (2)On receipt of the explanation or on the expiry of the period referred to in sub-section (1), the Executive Council, after considering the explanation, if any, and after such inspection by a competent person or persons authorised by the Executive Council in this behalf and such further inquiry as may appear to it to be necessary and after consulting the Academic Council shall make a report to the Court. (3)On receipt of the report under sub-section (2) the Court shall, after such further inquiry, if any, as may appear to it to be necessary, record its opinion in the matter:Provided that no resolution of the Court recommending the withdrawal of the powers conferred under section 38B shall be deemed to have been passed by it unless the resolution has obtained the support of two-thirds of the members present at the meeting of the Court, such majority comprising, not less than one-half of the members of the Court. (4)The Registrar shall submit the proposal and all proceedings, if any, of the Academic Council, the Executive Council and the Court relating thereto, to the State Government which, after such further inquiry, if any, as may appear to it to be necessary, shall make such order as it deems fit and communicate it to the Court. (5)Where in the case of an autonomous college, autonomous recognized institution or autonomous University Department the rights conferred under section 38B are withdrawn by an order made under sub-section (4), the college, institution or, as the case may be, the Department shall cease to be an autonomous college, institution or Department from the date specified in the order". (1)for sub-section (1), the following shall be substituted, namely:-"(1) The Court may determine that all instructions, teaching and training in courses of studies in respect of which the University is competent to hold examinations shall within the University Area be conducted by the University and shall be imparted by the teachers of the University and the Court shall communicate its decision to the State Government."; (2)in sub-section (2) for the words "the remaining section of this Chapter" the word and figures "section 41" shall be substituted; (3)the Explanation shall be deleted; (4)for the marginal note, substitute the following marginal note, namely:-"Teaching within University area". (1)for the words "within the Ahmedabad area" wherever they occur, the words "within the University area" shall be substituted; (2)in sub-section (2), after the figures "63" the words, figures and letter "or approved under section 35A" shall be inserted; (3)in sub-section (4), for the words, "constituent, recognized institutions" the words "constituent, recognized or approved institutions" shall be substituted; (4)in sub-section (5), for the words "the Board of University Teaching" the words "the Board of University Teaching and Research" shall be substituted. (i)for the words "If not less than" the words "On a recommendation of the Academic Council, if not less than" shall be substituted; and (ii)the word "title" shall be deleted. (2)No person shall be appointed as full time teacher of the University except on the recommendation of the Committee. (3)The constitution of such Committees, the term of office of members and the procedure to be followed by the Committees shall be such as may be prescribed by the Statutes. (2)The constitution of the Committee, the term of office of its members and the procedure to be followed by it shall be such as may be prescribed by the Statutes. (2)The constitution of such Committees, the term of office of its members and the powers and functions of the Committees shall be such as may be prescribed by the Statutes. (2)Notwithstanding anything contained in this Act, but subject to the approval of the appointing authority, it shall be lawful for a Committee appointed under sub-section (1) to co-opt such number of persons who are not members of the appointing authority as its members as it thinks fit". (2)No termination of service of such member not amounting to his dismissal or removal falling under sub-section (1) shall be valid unless-(a)he has been given a reasonable opportunity of showing cause against the proposed termination, and (b)such termination is approved by the Vice-Chancellor or any officer if the University authorised by the Vice-Chancellor in this behalf: Provided that nothing in this sub-section shall apply to any person who is appointed for a temporary period only". (2)The provisions of section 52 shall, thereupon muiatis mvtandis apply to such request and the decision that may be given by such Tribunal". (2)The subscriptions of a member of the teaching, other academic and non-teaching staff of an affiliated college or of a recognized institution, towards his provident fund and the contribution, if any, of the college or, as the case may be, of the institution towards the fund, shall be deposited in such manner and within such time as may be prescribed by the Statutes, in a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (II of 1934) or in a Co-operative Bank as defined in the Gujarat Co-operative Societies Act, 1961 (Guj. X of 1962), approved by the State Government for such purpose".