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State of Gujarat - Section

Section 45 in Gujarat Organic Agricultural University Act, 2017

45. Affiliation.

(1)A centre or a college desiring to impart education in organic agriculture and allied sciences shall apply to the Registrar for an affiliation to the University, not later than 31s' March of the year preceding the year in which the centre or the college is proposed to be started:Provided that, on the recommendation of the Vice-Chancellor, the Board may, if it is satisfied that there are special reasons to do so, after recording such reasons, entertain a letter of application sent to the Registrar after the 31" March.
(2)A centre or a college applying for an affiliation shall satisfy the Board and the Academic Council that,-
(a)the centre or the college shall be under the management of regularly constituted governing body;
(b)the strength and the qualifications of the teaching staff and the conditions governing their tenure of office are such as to make due provision for the education in organic agriculture and allied sciences to be imparted by the centre or the college and for conducting and guiding research in organic agriculture and programmes of extension education to be undertaken by the centres or the colleges;
(c)the buildings in which the centre or the college is or shall be located are suitable and that provision has been or shall be made, in conformity with the Statutes, for the residence in the centre or the college or in lodging approved by the centre or the college, of students not residing with their parents or guardians and for the supervision and welfare of the students;
(d)due provision is made or shall be made for a library';
(e)where affiliation is sought in any branch of experimental science, arrangements have been or shall be made in conformity with the Statutes and regulations for imparting instruction in that branch of science in a properly equipped laboratory;
(f)due provision is made or shall be made as far as circumstances may permit, for the residence of the principal and other members of the teaching staff in or near the centre or the college or the place provided for the residence of students;
(g)the financial resources of the centre or the college are such as to make due provision for its continued maintenance and efficient working;
(h)the rules for fixing the fees by the centre or the college, if any, to be paid by the students have not been so framed as to involve such competition with any existing centre or the college in the same neighbourhood as would be injurious to the interest of education;
(i)there is a selection committee of the college for recruitment of the Principal and members of the teaching staff of the college, which shall include,-
(a)in case of recruitment of the Principal, a representative of the University nominated by the Vice-Chancellor, and
(b)in case of recruitment of a member of the teaching staff of the centre or 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:
Provided that nothing in this clause shall apply to a Government college, a college maintained by the State Government or a college established and administered by the minority;
(j)the centre or the college shall comply with the Statutes and regulations providing for conditions of service including pay-scales and allowances for the teaching and other academic and non-academic staff of an affiliated centre or the college, not being a Government centre or a college or a centre or college maintained by the State Government;
(k)such other conditions as may be specified in the Statutes in accordance with the provisions of this Act have been complied with.
(3)The application shall contain an assurance that after the centre or the college is affiliated, any transfer of management, all changes in the teaching staff and all other changes that may result in any of the aforesaid requirement not being fulfilled or continued to be fulfilled shall forthwith be reported to the Board.
(4)On receipt of a letter of application under sub-section (1), the Board shall,-
(a)direct an inquiry to be made by a competent person or persons authorised by the Board in this behalf, in respect of the matters referred to in sub-section (2) 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 any inquiry under clauses (a) and (b):
Provided that where the views of the Academic Council with regard to the affiliation of a centre or college are not acceptable to the Board, the Board shall refer the matter again to the Academic Council, with or without its comments, and the Academic Council shall communicate to the Board its views again with regard to the affiliation of the centre or the college.
(5)The Registrar shall submit the application and all proceedings, if any, of the Academic Council and the Board 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.
(6)Where the application or any part thereof is granted, the order of the State Government shall specify the courses of the instructions in respect of which the centre or the college is affiliated and where the application or any part thereof is refused, the grounds of such refusal shall be recorded.
(7)As soon as possible after the State Government makes its order, the Registrar shall submit to the Board and the Academic Council, a full report regarding the application, the action taken thereon under subsections (4) to (6) and of all proceedings connected therewith.
(8)An application under sub-section (1) may be withdrawn at anytime before an order is made under sub-section (6).