Section 38E in Gujarat University (Amendment) Act, 1972
38E. Withdrawal of power of autonomous college, etc.- (1) Where in respect of an autonomous college, institution or Department the Executive Council is of opinion that the efficiency of the college, institution or Department has so deteriorated that in the interest of education it is necessary to withdraw the powers conferred on the college, institution or Department under section 38B, the Executive Council shall send an intimation to that effect to the Principal of the college, or head of the institution or Department stating that any explanation in writing submitted within the period specified in the intimation on behalf of the college, institution or Department will be considered by the Executive Council:
Provided that the period so specified may be extended by the Executive Council.(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autonomous recognized institution or autonomous University Department the rights conferred under section 38B are withdrawn by an order made under sub-section (4), the college, institution or, as the case may be, the Department shall cease to be an autonomous college, institution or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".
