Section 40 in The Maharaja Sayajirao University of Baroda Act, 1949
40. 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(1)The rights conferred on a college by affiliation may be withdrawn, in whole or in part or modified, if the college has failed to carry out any of the provisions of sub-section (1) of Section 36, or the college has failed to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 Syndicate. The member of the Syndicate 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 Syndicate 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 Syndicate:Provided that the period so specified may, if necessary, be extended by the Syndicate.(4)On receipt of the representation or on the expiry of the period referred to in subsection (3), the Syndicate after considering the notice of motion, statement and representation, and after such inspection by any competent person or persons authorized by the Syndicate in this behalf, and such further inquiry, as may appear to it to be necessary, shall make a report to the Senate.(5)On receipt of the report under sub-section (4) the Senate shall, after such further inquiiy, if any, as may appear to it to be necessary, make such [recommendations] [This word was substituted for the word 'order' by Bombay 30 of 1954, Section 27.] as it deems fit:Provided that no resolution of the Senate recommending the withdrawal of affiliation shall be deemed to have been passed by it unless the resolution has obtained the support of two-thirds of the members present at a meeting of the Senate, such majority comprising not less than one-half of the members of the Senate.[(5-A) The Registrar shall submit the proposal and all the proceedings, if any, of the Syndicate and the Senate relating thereto to Government, which, after such further inquiry, if any, as may appear to it to be necessary, shall make such order as it thinks fit.] [This sub-section was inserted by Bombay 52 of 1950, Section 27.](6)Where 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 the order.
