Gujarat act 038 of 1965 : The Veer Narmad South Gujarat University Act, 1965.

Date: 31 Dec 1965

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GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

Veer Narmad South Gujarat University Act, 1965 (Gujarat Act No. 38 of 1965)

( As modiﬁ ed upto the 30^th September, 2015)

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS, VADODARA.

P UBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING AND

STATIONERY, GUJARAT STATE, GANDHINAGAR.

2015

( Price : ` )

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GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

Veer Narmad South Gujarat University Act, 1965 (Gujarat Act No. 38 of 1965)

( As modiﬁ ed upto the 30^th September, 2015)

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS, VADODARA.

PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING AND

STATIONERY, GUJARAT STATE, GANDHINAGAR.

2015

( Price : ` )

âˆØ×ðß ÁØÌð



PRINTED AT THE GOVERNMENT PRESS, VADODARA.

VEER NARMAD SOUTH GUJARAT UNIVERSITY ACT, 1965

C O N T E N T S

PREAMBLE. Page

SECTIONS. NO.

CHAPTER I

P RELIMINARY

1. Short title and commencement. 1

2. Deﬁ nitions. 1

CHAPTER II

THE UNIVERSITY

3. Incorporation of the University. 2

4. Powers of University. 3

5. Jurisdiction and admission to privileges. 5

6. University open to all irrespective of sex, religion, class, creed or opinion. 6

7. Inspection and inquiry. 6

CHAPTER III

OFFICERS OF THE UNIVERSITY

8. Ofﬁ cers of the University. 7 8A. Eligibility of age limit for appointment, nomination, co-option in various authorities 7 and on various ofﬁ ces.

9. Chancellor. 8

10. The Vice-Chancellor. 8

11. Powers of the Vice-Chancellor. 9

12. Pro-Vice-Chancellor. 10

13. The Registrar. 11

14. The Controller of Examinations, and other ofﬁ cers, and their powers, etc. 11 H-2097—(i)

SECTIONS. Page

NO.

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

15. Authorities of the University. 11

16. The Senate. 12

17. Meeting of the Senate. 16

18. Powers and duties of the Senate. 16

19. The Syndicate. 17

20. Powers and duties of the Syndicate. 18

21. The Academic Council. 21

22. Powers and duties of the Academic Council. 21

23. Faculties and their functions. 22

24 Powers and duties of the Faculty. 22

25. Deans of Faculties. 24

26 Boards of studies. 24

27. University Boards. 25

28. Constitution, powers, etc. of Boards. 26

CHAPTER V

STATUTES, ORDINANCES AND REGULATIONS

29. Statutes. 26

30. Making, amendment, operation and repeal of Statutes. 26

31. Ordinances. 27

32. Making of Ordinances. 28

33. Regulations and Rules. 28 ii Veer narmad South Gujarat University Act,1965 [ 1965 : Guj. 38

1965 : Guj. 38] Veer Narmad South Gujarat University Act,1965 iii SECTIONS. Page

NO.

CHAPTER VI

AFFILIATION, RECOGNITION AND APPROVAL

34. Afﬁ liation. 29

35. Extension of afﬁ liation. 30

36. Recognition of institutions of research and specialised Studies. 31

37 Approval of Institutions. 31

38 Inspection of colleges and reports. 32

39. Withdrawal of afﬁ liation. 32

40. Withdrawal of recognition. 33

41. Withdrawal of approval. 34

CHAPTER VII

P OST-GRADUATE TEACHING

42. Post-graduate teaching. 34

CHAPTER VIII

ENROLMENT AND DEGREES

43. Qualiﬁ cations for enrolment of students of the University. 35

44. Residence of students. 35

45. Degrees, diplomas and other academic distinctions. 36

46. Honorary degree. 36

47. Removal from membership of University and withdrawal of degree or diploma. 36

CHAPTER IX

C OMMITTEES

47A. Examiners' Committee. 36

48. Committees. 37

SECTIONS. Page

NO.

CHAPTER X

FINANCE

49. University Fund. 37

50. Annual accounts and ﬁ nancial estimates. 37

51. Annual Report. 37

CHAPTER XI

SUPPLEMENTARY PROVISIONS

52. Conditions of Service. 38 52A. Ofﬁ cers and employees to be public servants. 38

53. [Deleted.] 38

54. Pension, Insurance and Provident Fund. 38 54A. Provident Fund to be deposited in Government Treasury. 38

55. Election to be by system of proportional representation. 39

56. Vacating of ofﬁ ce. 39

57. Filling of casual vacancies. 39

58. Proceedings not invalidated by vacancies. 39

59. Disputes as to constitution of University authority or body. 39

60 Protection of acts and orders. 40 60A. Construction of references to South Gujarat University Act, 1965 and 40 South Gujarat University in Existing laws, instruments, etc. 60B. Construction of references to the Vir Narmad South Gujarat University 40 in existing laws, instruments, etc.

iv Veer Narmad South Gujarat University Act,1965 [ 1965 : Guj. 38

1965 : Guj. 38] Veer Narmad South Gujarat University Act,1965 v

CHAPTER XII

T RANSITORY PROVISIONS

61. Completion of courses of students in colleges afﬁ liated to the Gujarat University. 41

62. Appointment of ﬁ rst Vice-Chancellor. 41

63. Appointment of ﬁ rst Rector. 41

64. Appointment of ﬁ rst Registrar. 41

65. Transitory powers of ﬁ rst Vice-Chancellor. 41

66. First appointment of the ofﬁ cers and teachers of the University. 42

67. Extraordinary powers of the ﬁ rst Vice-Chancellor. 42

68. Removal by State Government of difﬁ culties at the commencement of the Act. 43

69. Amendment of Bom. L of 1949. 43

SCHEDULE. 43

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 1

GUJARAT ACT NO. 38 OF 1965*¹

[²[VEER NARMAD SOUTH GUJARAT UNIVERSITY] ACT, 1965]

31st December, 1965.]

Amended by Guj. 18 of 1973. Amended by Guj. 14 of 2002 „ ,, ,, 32 of 1978. ,, ,, ,, 25 of 2003. „ ,, ,, 11 of 1979. ,, ,, ,, 2 of 2004. ,, ,, ,, 19 of 1980. ,, ,, ,, 2 of 2012. „ ,, ,, 10 of 1982. ,, ,, ,, 13 of 2015. „ ,, ,, 9 of 1983.

„ ,, ,, 1 of 1988.

„ ,, ,, 2 of 1994.

An Act to establish and incorporate a teaching and ofﬁ ciating University at Surat in the State of Gujarat to be known as

2 [Veer Narmad South Gujarat University]

It is hereby enacted in the Sixteenth Year of the Republic of India as follows :—

CHAPTER I

P RELIMINARY

1. (1) This Act may be called³[the Veer Narmad South Gujarat University Act, 1965.]

(2) This section shall come into force at once.

(3) The State Government may, by notiﬁ cation in the Ofﬁ cial Gazette, direct that all or any of the remaining provisions of this Act shall come into force on such date or dates as may be speciﬁ ed in the notiﬁ cation.

2. In this Act, unless the context otherwise requires,—

(1) ''afﬁ liated" means afﬁ liated under section 5 or 34;

(2) "approved institution" means an institution approved under section 37;

(3) "college" means a degree college or a college teaching courses 4 [leading to a diploma or a degree];

(4) "degree college" means an afﬁ liated college which is authorised to submit its students to an examination qualifying for any degree of the University;

(5) "head master" means the head of a high school;

(6) "high school" means a high school which has been recognised as a full-ﬂ edged high school by the Director of Education, Gujarat State, or by an ofﬁ cer authorised by him in this behalf;

(7) "hostel" means a unit of residence for students maintained or recognised by the University under this Act;

1 . For Statement of objects and Reasons, See Gujarat Government Gazette, Extra Ordinary, Part V, dated the 28th August, 1965, p. 159. * This Act was assented to by the Governor on the 30th December, 1965. 2. These words were substituted for the words "the Veer Narmad South Gujarat University" by Guj. 2 of

2 012 , s. 2 .

3 . These words and ﬁ gures were substituted, for the words "the Veer Narmad South Gujarat University Act, 1965," ibid., s. 3. 4. These words were substituted for the words "leading to a degree" by Guj. 2 of 1994, s. 2. Short title and commencement. Deﬁ nitions. H-2097—(1)

2 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

(8) "Principal" means the head of a college;

(9) "recognised institution" means an institution recognised under section 36:

(10) "registered graduate" means a graduate registered under the provisions of this Act;

(11) "secondary teachers" means such class of teachers imparting instruction in high schools as may be declared to be secondary teachers by the Statutes;

(12) "Statutes", "Ordinances", " Regulations" and "Rules" means respectively the Statutes, Ordinances, Regulations and Rules made under this Act for the time being in force;

(13) "teachers" means professors, readers, lecturers and such other persons importing instruction in the University, an afﬁ liated college, or a recognised institution or an approved institution as may be declared to be teachers by the Statutes;

(14) "teachers of the University" means teachers appointed or recognised by the University for imparting instruction on its behalf;

(15) "University" means¹[Veer Narmad South Gujarat University] constituted under this Act;

(16) "University area" means the areas speciﬁ ed in the Schedule;

(17) "University centre" means a centre where post-graduate studies are imparted as determined by the Statutes, Ordinances, and Regulations made in that behalf;

(18) "University college" means a college which the University may establish or maintain under this Act or a college transferred to the University and maintained by it;

(19) "University department" means any post-graduate or research institution or department maintained by the University.

CHAPTER II

T HE UNIVERSITY

3. (1) The Chancellor, the ﬁ rst Vice-Chancellor of the University and the ﬁ rst members of the Senate, the Syndicate and the Academic Council of the University and all persons who may hereafter become such ofﬁ cers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of²[Veer Narmad South Gujarat University].

(2) The University shall have perpetual succession and a common seal, and may sue and be sued by the said name.

1 . These words were substituted for the words "the Veer Narmad South Gujarat University" by Guj. 2 of 2012, s. 4.

2 . These words were substituted, for the words "The Veer Narmad South Gujarat University", ibid., s. 5. Incorporation of the University.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 3

(3) The University shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which may vest in or be acquired by it for the purposes of the University, to raise loans on the securities of its assets and to contract and do all other things necessary for the purposes of this Act :

Provided that the power to raise any such loan shall be exercised after obtaining previous permission of the State Government.

4. Subject to such conditions as may be prescribed by or under the provisions of this Act, the University shall have the following powers, namely :-

(1) to provide for instruction, teaching and training in such branches of learning and courses of study as it may think ﬁ t, and to make provision for research, advancement and dissemination of knowledge;

(2) to make such provision as would enable afﬁ liated colleges, recognised institutions and approved institutions to undertake specialisation of studies;

(3) to organise common laboratories, libraries, museums and other equipment for teaching and research;

(4) to establish, take over, maintain and manage colleges, departments, centres and institutes of research or specialised studies;

(5) to institute professorships, readerships, lecturerships and any other posts of teachers required by the University.

(6) to appoint or recognise persons as professors, readers, or lecturers or otherwise as teachers of the University;

(7) to lay down the courses of instruction for the various examinations;

(8) to guide teaching and research work in colleges, University departments, University centres or recognised institutions;

(9) to institute degrees, diplomas and other academic distinctions;

(10) to hold examinations and to confer degrees, diplomas and other academic distinctions on persons who-

(a) have pursued approved courses of study in the University or in an afﬁ liated college unless exempted therefrom, in the manner prescribed by the Statutes, Ordinances, Regulations and Rules and have passed the examinations prescribed by the University, or

(b) have carried on research under conditions prescribed by the Ordinances, Regulations or Rules;

Powers of University.

4 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

(11) to confer honorary degrees or other academic distinctions in the manner laid down by the Statutes;

(12) to grant such diplomas to, and to provide such lectures, instruction and training for, persons who are not enrolled students of the University, as may be determined by the Statutes, Ordinances, Regulations and Rules;

(13) to admit educational institutions to the privileges of the University and to withdraw such privileges;

(14) to inspect colleges, recognised institutions and approved institutions and to take measures to ensure that proper standards of instruction, teaching or training are maintained in them and that adequate library and laboratory provisions are made therein;

(15) to control and co-ordinate the activities of, and to give ﬁ nancial aid to, afﬁ liated colleges, approved institutions and recognised institutions and to regulate the fees to be paid by the students in such colleges;

(16) to hold and manage trusts and endowments and to institute and award fellowships, travelling fellowships, scholarships, studentships, exhibitions, medals and prises;

(17) to make special provision for the spread of University education among classes and communities which are educationally backward;

(18) 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;

(19) to make special provision for disseminating knowledge and promoting arts and culture;

(20) to ﬁ x, to demand and to receive or recover such fees and other charges as may be prescribed by the Ordinances;

(21) to establish, maintain and manage hostels;

(22) to recognise hostels not maintained by the University, to inspect such hostels and to withdraw recognition therefrom;

(23) 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;

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 5

(24) to co-ordinate, supervise, regulate and control the conduct of under graduate teaching and of post-graduate and other research work and teaching in the afﬁ liated colleges, and the institutions recognised or approved by the University;

(25) to institute and manage-

(a) Printing and Publication Department;

(b) University Extension Boards;

(e) Information Bureaux; and

(f) Employment Bureaux;

(29) to make provision-

(a) for extra-mural teaching and other recognised activities;

(b) for physical education, National Cadet Corps and military training;

(d) for sports and athletic activities;

(27) to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine;

(28) 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 a medium of instruction and examination;

(29) to make arrangements for training for competitive examinations for recruitment to the services under the Union and State Government;

(30) to do all such acts and things whether incidental to the powers afore- said or not as may be requisite in order to further the objects of the Univer- sity and generally to cultivate and promote Arts, Science and other branches of learning and culture.

5. (1) No educational institution within the University Area shall, save with the sanction of the State Government and the University, be associated in any way with, or seek admission to any privileges of, any other University established by law.

(2) Any such privileges enjoyed from the Gujarat University before the date on which this section comes into force by any educational institution situate within the University Area shall be deemed to be withdrawn with effect from such date.

Jurisdiction and admission to privileges.

H-2097—(2)

6 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

(3) With effect from such date all educational institutions admitted to the privilages of the Gujarat University and situate within the University Area shall be deemed to be admitted to the privalleges of the University, and the University shall, as far as may be possible and consistent with this Act, admit such institutions to all such privilages as they had from the Gujarat University immediately before such date.

(4) Any educational institution in the State of Gujarat situate outside the University Area or in other territories outside the State may, subject to such conditions and restrictions as the University and the State Government think ﬁ t to impose, be admitted to the privileges of the University.

(5) The State Government may, by notiﬁ cation in the Ofﬁ cial Gazette, direct that this Act shall cease to apply to any area included in the University Area and on such date as may be speciﬁ ed in the notiﬁ cation, and on from the said date all the educational institutions situate within this said area shall cease to be associated with and to enjoy the privilages of the University.

6. (1) No person shall be excluded from any ofﬁ ce of the University or from membership of any of its authorities or from admission to any degree, diploma or other academic distinction or course of study on the sole ground of sex, race, creed, caste, class, place of birth, religious belief or political or othar opinion:

Provided that the University may, subject to the previous sanction of the State Government, maintain, afﬁ liate or recognise any college or institution exclusively for women, or reserve for women or members of classes aud communities which are educationally backward, seats for the purposes of admission as students in any institution maintained by the University.

(2) It shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, creed, caste, class, place of birth, religious belief or profession of political or other opinion in order to entitle him to be admitted as a teacher or a student or to hold any ofﬁ ce or post in the University or to qualify for any degree, diploma or other academic distinction or to enjoy or exercise any privilages of the University of any benefaction thereof.

7. (1) The Chancellor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories, libraries, museums, workshops and equipment, of any institution, college or hostel maintained, recognised or approved by, or afﬁ liated to, the University, of the teaching and other work conducted by the University, and of the conduct of examinations held by the University; and to cause an inquiry to be made in respect of any matter connected with the University. The Chancellor shall in every case give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall be entitled to be represented thereat.

(2) The Chancellor shall communicate to the Syndicate and to the Senate his views with reference to the results of such inspection or inquiry and shall, after ascertaining the opinion of the Syndicate and the Senate thereon, advise the University on the action to be taken.

University open to all irrespective of sex, religion, class, creed or opinion.

Inspection and inquiry.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 7

(3) The Syndicate shall report to the Chancellor such action, if any, as it has taken or may propose to take upon the results of the inspection or inquiry. Such report shall be submitted with the opinion of the Senate thereon and within such time as the Chancellor may direct.

(4) Where the Syndicate does not within a reasonable time take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Syndicate, issue such directions as he may think ﬁ t and the Syndicate shall comply with such directions.

(5) The State Government may, whenever it deems ﬁ t, cause a like inspection or inquiry to be made in the manner described in sub-sections (1) to

(3) above and shall have, for the purposes of such inspection or inquiry, all the powers of the Chancellor under the said sub-sections.

CHAPTER III

OFFICERS OF THE UNIVERSITY

8. The following shall be the ofﬁ cers of the University, namely :—

(i) The Chancellor,

(ii) The Vice-Chancellor, ^l[(iii) The Pro-Vice-Chancellor,]

(iv) The Deans of Faculties,

(v) The Registrar,

(vi) The Controller of Examinations, and

(vii) such other ofﬁ cers in the service of the University as may be declared by the Statutes to be ofﬁ cers of the University.

2 [8A. (1) Notwithstanding anything contained in this Act, Statutes, Ordinances, Regulations and Rules, no person shall be appointed, nominated or, as the case may be, co-opted,-

(i) on the post of ofﬁ cers referred to in clauses (iv), (v), (vi) and (vii) of section 8 ;

(ii) on the post of teacher; or

(iii) as a member of any of the authorities of the University, any committee or any other body thereof

after he attains the age of 62 years:

Provided that nothing in this section shall apply to the Chairman or a member of any of the authorities of the University, committee or any other body thereof, who holds the Chairmanship or membership by virtue of his ofﬁ ce as a Chancellor, Vice-Chancellor or, as the case may be, the Pro-Vice-Chancellor.

(2) Any person who has been appointed on the posts referred to in clauses (i) and (ii) of sub-section (1) or nominated or co-opted as a member of any of the authorities of the University, any committee or any other body thereof, shall cease to hold his ofﬁ ce as such or, as the case may be, to be a member after attaining the age of 62 years.]

1. This clause was substituted by Guj. 10 of 1982, s.2, Sch., Sr. No.4 (1).

2. Section 8A was inserted by Guj. 25 of 2003, s.2, Sch., Sr. No. 4 (1).

Ofﬁ cers of the University.

Eligibility of age limit for appointment, nomination, co-option in various authorities and on

various ofﬁ ces.

8 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

9. (1) The Governor of the State of Gujarat shall be the Chancellor the University.

(2) The Chancellor shall, by virtue of his ofﬁ ce, be the head of the University and the President of the Senate shall, when present, preside at the meetings of the Senate and at any Convocation of the University.

(3) The Chancellor shall have such other powers as may be conferred on him by this Act or the Statutes.

10. (1) The Vice-Chancellor shall be appointed by the State Government from amongst three persons recommended under sub-section (3) by a committee appointed for the purpose under sub-section (2).

(2) (a) For the purposes of sub-section (1) the Chancellor shall appoint a committee which shall consist of the following members, namely:—

(i) two members (not being persons connected with the University or with any afﬁ liated college, recognised institution or approved institution) out of whom one shall be a person nominated in the manner prescribed by Statutes by the Syndicate and the Academic Council jointly and the other shall be a person nominated in the manner prescribed by Statutes by the Vioe-Chancellors of all the Universities established by law in the State of Gujarat;

(ii) one member to be nominated by the Chancellor.

(b) The Chancellor shall appoint one of the three members of the committee as its chairman.

(3) The Committee so appointed shall, within such time and in such manner as may be prescribed by Statutes, select three persons whom it considers fit for being appointed Vice-Chancellor and shall recommend to the State Government the names of the persons so selected together with such other particulars as may be prescribed by the Statutes.

(4) The Vice-Chancellor shall hold ofﬁ ce for a term of three years and he shall be eligible for being appointed to that ofﬁ ce for a further term of three years only.

(5) The emoluments to be paid to the Vice-Chancellor, and the terms and conditions subject to which he shall hold ofﬁ ce,¹[shall be such as may be determined by the State Government]:

Provided that such emoluments or such terms and conditions shall not, during the currency of the terms of the holder of that ofﬁ ce, be varied to his disadvantage without his consent.

(6) (a) During the leave or absence of the Vice-Chancellor, or

(b) in the event of a permanent vacancy in the ofﬁ ce of the Vice-Chancellor, until an appointment is made under sub-section (1) to that ofﬁ ce, 2 [the Pro-Vice-Chancellor, and in the absence of the Pro-Vice-Chancellor,] one of the Deans nominated by³[the State Governement] for that purpose shall carry on the current duties of the ofﬁ ce of the Vice-Chancellor.

1 . These words were substituted for the words "shall be such as may be prescribed by the Statutes" by Guj. 10 of 1982, s.2, Sch., Sr. No. 4(2)(a). 2. These words were substituted for the words "the Rector, if any, and in the absence of the Rector," ibid., Sr. No. 4 (2) (b).

3 . These words were substituted for the words "the Chancellor" by Guj. 13 of 2015, s.2, Sch., Sr. No. 3 . Chancellor. The Vice- Chancellor.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 9

11. (1) The Vice-Chancellor shall be the principal executive and academic ofﬁ cer of the University and shall, in the absence of the Chancellor, preside at meetings of the Senate and any convocation of the University. He shall be an ex-ofﬁ cio member and Chairman of the Syndicate, of the Academic Council and of the committees constituted under section 48. He shall be entitled to be present with the right to speak, at any meeting of any other authority or body of the University, but shall not be entitled to vote thereat unless he is a member of that authority or body.

(2) The Vice-Chancellor shall have power to convene meetings of the Senate, the Syndicate, the Academic Council and such other authorities of the University of which he is the Chairman. He may delegate this power to any other ofﬁ cer of the University.

(3) It shall be the duty of the Vice-Chancellor to ensure that this Act, the Statutes, Ordinances, Regulations and Rules are faithfully observed and he shall have all powers necessary for this purpose.

(4) (a) In any emergency which, in the opinion of the Vice-Chancellor, requires that immediate action should be taken, he shall take such action as he deems necessary and shall at the earliest opportunity¹[thereafter furnish information regarding his action] to such ofﬁ cer, authority or body as would have in the ordinary course dealt with the matter.

(b) When action taken by the Vice-Chancellor under this sub-section affects any person in the service of the University such person shall be entitled to prefer an appeal through the said ofﬁ cer, authority or body to the Syndicate within one month from the date on which such action is communicated to him.

(5) The Vice-Chancallor shall give effect to the orders of the Syndicate regard- ing appointment, dismissal, suspension and punishment of the persons in the service of the University or teachers of the University or regarding the recogni- tion or withdrawal of the recognition of any such teacher and shall exercise general control over the affairs of the University. He shall be responsible for the discipline of the University in accordance with this Act, the Statutes and Ordinances. 2 [(5A) (a) Subject to the provisions contained in sub-section (4) and notwithstanding anything contained in sub-section (5) where the Vice- Chancallor after making such inquiry as he deems ﬁ t is of opinion that the execution of any order or resolution of an authority speciﬁ ed in or declared under section 15, or the doing of anything which is about to be done or is being done by or on bahalf of the University—

(i) is inconsistent with the provisions of this Act or of any statute, ordinance, rule or regulation, or

(ii) is not in the interest of the University, or

1 . These words were substituted for the words "thereafter report his action" by Guj. 1 0 of 1 982, s. 2, Sch., Sr. No. 4 (3) (a). 2. Sub-Section (5A) was inserted, ibid., Sr. No. 4(3)(b). Powers of the Vice- Chancellor. H-2097—(3)

10 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

(iii) is likely to lead to breach of peace, he may forward a copy of the order or resolution or, as the case may be, refer the doing of the thing, with a statement of reasons, to the authority which made the order or passed the resolution or proposes to do the thing for reconsideration by that authority as to whether the said order or resolution may not be rescinded, or revised or modiﬁ ed in the manner stated by him, or the doing of the thing be refrained from.

(b) Where the authority after reconsideration revises or modiﬁ es the order or the resolution in the manner stated by the Vice-Chancellor, then notwithstanding anything contained in clause (e) such revised or modiﬁ ed order or resolution shall revive from the date of such revision or modiﬁ cation.

(c) Where the authority revises or modiﬁ es the order or resolution in such manner as is inconsistent with the manner stated by the Vice-Chancellor, the Vice-Chancellor shall refer the matter to the State Government for its decision.

(d) The State Government may, on such reference, being made, revise or modify the order or resolution or direct that the order or resolution shall continue to be in force with or without modiﬁ cation permanently or for such period as it may specify:

Provided that the order or resolution shall not be revised or modiﬁ ed or continued by the State Government without giving the concerned authority a reasonable opportunity of showing the cause against the order.

(e) The order, resolution or, as the case may be, the doing of thing, shall remain in abeyance from the date of the action of the Vice-Chancellor of forwarding the copy of order or resolution or of making reference under clause (a) till the date of the order of the State Government undar clause (d).]

(6) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes, Ordinances and Regulations. 1 [12. (1) The Pro-Vice-Chancellor shall be appointed by the State Government from amongst three persons recommended by the Vice-Chancellor.

(2) The Pro-Vice-Chancellor shall hold ofﬁ ce for a term of three years and he shall be eligible for reappointment to that ofﬁ ce for a further term of three years only :

Provided that no person appointed as a Pro-Vice-Chancellor shall continue to hold his ofﬁ ce as such after he attains the age of 65 years.

(3) The Pro-Vice-Chancellor shall be a whole time salaried ofﬁ cer and his emoluments and conditions of service shall be such as shall be determined by the State Government :

1. This section was substituted by Guj. 10 of 1982, s. 2, Sch., Sr. No. 4(4).

Pro-Vice- Chancellor.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 11 Provided that the emolumens and conditions of service of the holder of such ofﬁ ce shall not during the currency of the term of the holder of that ofﬁ ce, be varied to his dis-advantage without his consent.

(4) The Pro-Vice-Chancellor shall be the principal inspecting ofﬁ cer 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 Syndicate.

(5) The Pro-Vice-Chancellor shall, in the absence of the Vice-Chancellor, or in the event of his being unable to perform duties of his ofﬁ ce exercise all the rights and powers and discharge all the functions and duties of the Vice- Chancellor.

(6) The Pro-Vice-Chancellor shall preside, -

(a) in the absence of the Chancellor and the Vice-Chancellor, at the meetings of the Senate; and

(b) in the absence of the Vice-Chancellor at the meetings of any other authority of the University or a committee thereof.]

13. The Registrar shall be a wholetime salaried ofﬁ cer and shall act as the Secretary of the Senate, of the Syndicate and of the Academic Council. He shall be appointed by the Syndicate in accordance with the Statutes to be made in this behalf, and his emoluments and conditions of service shall be determined by such Statutes. He shall exercise such powers and perform such duties as may be prescribed by the Statutes, Ordinances and Regulations.

14. (1) The Controller of Examinations shall be a wholetime salaried ofﬁ cer. He shall be appointed by the Syndicate in accordance with the statutes to be made in this behalf.

(2) The powers, duties, and emoluments of the Controller of Examina- tions, and other ofﬁ cers of the University referred to in clause (vii) of section 8 shall be such as may be prescribed by the Statutes, Ordinances and Regulations.

CHAPTER IV

A UTHORITIES OF THE UNIVERSITY

15. The following shall be the authorities of the University, namely :—

(i) The Senate,

(ii) The Syndicate,

(iii) The Academic Council,

(iv) The Faculties,

(v) The Board of University Teaching,

(vi) The Boards of Studies,

The Registrar. The Controller of Examinations, and other ofﬁ cers, and their powers, etc. Authorities of the University.

12 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

(vii) The Board of Extra-Mural Studies, if established,

(viii) The Board for Hostels, if established,

(ix) The Board for Students Welfare, if established, and

(x) such other Boards and bodies of the University as may be declared by the Statutes to be the authorities of the University.

16. (1) The Senate shall consist of the following members, namely :-

Class I—Ex-Ofﬁ cio Members

(A) (i) The Chancellor,

(ii) The Vice-Chancellor, ¹[(iii) The last Ex-Vice-Chancellor of the University residing in the State,]

²[(iv) The Pro-Vice-Chancellor,]

(v) The Registrar;

(B) (i) Secretary, Education Department, ³[(ii) The Director of Higher Education or an ofﬁ cer not below the rank of a Joint Director of Higher Education designated by such Director;] ⁴[(iii) The Director of Technical Education or an ofﬁ cer not below the rank of a Joint Director of Technical Education designated by such Director;

(iv) The Director of Health and Medical Services and Medical Education or an ofﬁ cer not below the rank of a Joint Director of Health and Medical Services and Medical Education designated by such Director;]

(v) The Director of Agriculture or if he is unable to attend, his nominee not below the rank of a Deputy Director of Agriculture, ⁵[(vi) The Chairman of the Gujarat Secondary and Higher Secondary Education Board,]

(vii) such other ex-ofﬁ cio members not exceeding three as may be designated by statutes;

1 Clause (iii) was substituted by Guj. 25 of 2003, s. 2, Sch., Sr. No. 4 (2).

2 . Clause (iv) was subsituted by Guj. 10 of 1982 , s. 2 , Sch., Sr. No. 4 (5) (a).

3 . This clause was subsituted, ibid., Sr. No. 4 (5) (b) (i).

4 . These clauses were subsituted, ibid., Sr. No. 4 (5) (b) (ii).

5 . This clause was substituted by Guj. 14 of 2002, s.18, Sch., Sr. No. 4 (1). The Senate.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 13

(C) (i) Heads of University departments,.

(ii) Principals of afﬁ liated degree colleges,

(iii) Heads of recognised institutions. Class II — Ordinary Members

(A) Elected as speciﬁ ed below : -

(i) two members by secondary teachers of high school excluding the head masters thereof from amongst such teachers in the manner speciﬁ ed by the Statutes;

(ii) two members by head masters from amongst themselves in the manner speciﬁ ed by the Statutes;

(iii) such number of members as is speciﬁ ed below against each Faculty by teachers including Principals, Heads of University departments and Heads of recognised institutions in the subject or subjects comprised in each such Faculty in the following manner :-

(a) Teachers in Arts (from amongst themselves) 2

(b) Teachers in Science (from amongst themselves) 2

(d) Teachers in Agriculture (from amongst themselves) 1

(e) Teachers in Law (from amongst themselves) 1

(f) Teachers in Medicine (from amongst themselves) 2

(g) Teachers in Commerce (from amongst themselves) 1

(h) Teachers in Education (from amongst themselves) 1 H-2097—(4)

14 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

(i) Teachers in Rural Studies 1 (from amongst themselves)

(j) Teachers in each such additional Faculty as may be prescribed by the Statutes (from amongst themselves) 1

(iv) by public associations or bodies as under:

(a) one member by the Surat Borough Municipality,

(b) one member by the Presidents of the Municipalities functioning within the University Area, from amongst themselves,

(c) out of the Presidents of district panchayats functioning in the University Area, one President by rotation as may be prescribed by Statutes,

(d) two members by the Gujarat Legislative Assembly from amongst its members.

(e) the following number of members who shall not be persons who are teachers or secondary teachers or head masters by registered graduates in the manner speciﬁ ed below :—

(1) one by registered graduates in Arts (from amongst themselves)

(2) one by registered graduates in Science (from amongst themselves);

(3) one by registered graduates in Technology including Engineering (from amongst themselves);

(4) one by registered graduates in Agriculture (from amongst themselves);

(5) one by registered graduates in Law (from amongst themselves);

(6) one by registered graduates in Medicine (from amongst themselves);

(7) one by registered graduates in Commerce (from amongst themselves);

(8) one by registeied graduates in Education (from amongst themselves)

(9) one by registered graduates in Rural Studies (from amongst themselves);

(10) one by registered graduate in each of such other additional Facilities as may be prescribed by the Statutes (from amongst themselves):

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 15 Provided that—

(i) every person elected under clauses (i) to (iii) and under sub-clauses

(a) to (e) of clause (iv) shall continue to hold the ofﬁ ce of a member of the Senate only so long as he is a secondary teacher or head master or a teacher or a member of the electing body or bodies, as the case may be;

(ii) for the purposes of the election of ordinary members a person entitled to stand as a candidate or to vote in more than one constituency mentioned in clause (iii) and in sub-clause (e) of clause (iv) shall, before such date as may be appointed by the Statutes, select the constituency from which he desires to stand as a candidate or to vote at the election and shall not be entitled to stand or vote in more than one constituency.

(B) Eight members to be nominated by the State Government from amongst distinguished educationists, social workers, trade unions, representatives of backward communities, women and such other class of persons.

(C) Two members to be elected by the donors in the manners speciﬁ ed below from amongst themselves each donating money or property of the value of not less than one lakh of rupees to, or for the purposes of, the University:

(i) If the donor is an individual, for the purpose of voting, the name of each such donor shall be enrolled on the register maintained by the University.

(ii) If the donor is an undivided Hindu family, trust, ﬁ rm, company or body corporate, for the purpose of voting, the name of the representative nominated from time to time by each such undivided Hindu Family, trust, ﬁ rm, company or body corporate shall be enrolled on the register maintained by the University.

(iii) Where sub-clause (iv) does not apply, the persons whose names are enrolled on the register under sub-clauses (i) and (ii) shall elect two members to the Senates.

(iv) If the number of the names enrolled under sub-clauses (i) and (ii) is two or less than two, each person whose name is so enrolled shall be deemed to have been elected:

Provided that the right of electing members on the Senate shall not extend beyond the period of twenty years from the date of the acceptance of such donation by the Syndicate.

Explanation.— For the purpose of paragraph (C), the value of the property means, in the case of a property donated whether prior to or after the date of the coming into force of this Act, the market value of the property at the date of acceptance. The decision as to the market value shall rest with the Syndicate and shall be ﬁ nal.

(2) The term of ofﬁ ce of the elected members and of the members referred to in paragraph (B) in Class II shall be ﬁ ve years.

16 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

17. (1) The Senate shall, on a date to be ﬁ xed by the Chancellor, meet once a year at a meeting to be called the annual meeting of the Senate.

(2) The Vice-Chancellor may, whenever he thinks ﬁ t, and shall, upon a requisition in writing signed by not less than twenty members of the Senate, convene a Special meeting of the Senate.

18. (1) Subject to such conditions as may be prescribed by or under the provisions of this Act, the Senate shall exercise the following powers and perform the following duties, namely:—

(i) to make provision for instruction, teaching and training in such branches of learning and courses of study as it may think ﬁ t, for research and for the advancement and dissemination of knowledge;

(ii) to make such provision as will enable afﬁ liated colleges and recognised institutions to undertake specialization of studies;

(iii) to organise and make provision for common laboratories, libraries, museums and other equipment for teaching and research;

(iv) to establish and maintain departments and institutes of research and specialized studies;

(v) to institute professorships, readerships, lecturerships and any other posts of teachers required by the University;

(vi) to institute fellowships, travelling fellowships, scholarships, studentships, exhibitions, medals and prizes;

(vvi) to institute and confer degrees, titles, diplomas and other academic distinctions';

(viii) to confer, on the recommendation of the Syndicate, honorary degrees, titles or other academic distinctions;

(ix) to make, amend or repeal the Statutes;

(x) to consider, cancel, refer back but not to amend Ordinances;

(xi) to consider and pass resolutions on the annual reports, annual accounts and financial estimates;

(xii) to consider the annual ﬁ nancial estimates prepared by the Syndicate and pass resolution with reference thereto;

(xiii) to elect ofﬁ ce-bearers and authorities as provided in the Act and the Statutes;

(xiv) to make provision relating to the use of Gujarati or Hindi in Devnagari script or both as a medium of instruction and examination;

Meeting of the Senate. Powers and duties of the Senate.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 17

(xv) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes, Ordinances and Regulations.

(2) The powers and duties under clauses (i) to (viii) of sub-section (1) shall not be exercised except upon the recommendations made by the Syndicate and the Academic Council.

19. (1) The Syndicate shall be the executive authority of the University and shall consist of the following, namely:—

(i) The Vice-Chancellor, ex-ofﬁ cio Chairman; ¹[(ii) The Pro-Vice Chancellor;

(iii) The Director of Higher Education and if he is unable to attend, the ofﬁ cer nominated under clause (ii) in paragraph (B) of Class I of section 16; (iii a) The Director of Technical Education and if he is unable to attend, the ofﬁ cer designated under clause (iii) of paragraph (B) of Class I of sub-section

(1) of section 16; (iii b) The Director of Health and Medical Services and Medical Education and if he is unable to attend, the ofﬁ cer designated under clause (iv) of paragraph

(B) of Class I of sub-section (1) of section 16;]

(iv) two members to be elected by the Principals of afﬁ liated degree colleges and the heads of recognised institutions from amongst themselves;

(v) one member to be elected by the teachers elected to the Senate under section 16 (1) Class II (A) (iii) from amongst themselves;

(vi) one member to be elected by the Heads of the University departments from amongst themselves;

(vii) ﬁ ve persons elected by the Senate from amongst its members who are not Principals, teachers, heads of the University departments, head masters, heads of recognised institutions and secondary teachers;

(viii) two persons elected by the Academic Council from amongst its members one of whom shall be a Dean;

1 . These clauses were substituted for clauses (ii) and (iii) by Guj. 1 0 of 1 982, s. 2, Sch., Sr. No. 4 (6) (a). The Syndicate. H-2097—(5)

18 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

l [(ix) four persons nominated by the State Government from amongst distinguished educationists, teachers, social workers and such other class of persons, irrespective of whether they are members of the Senate:] Provided that a member elected under clauses (iv) to (viii) shall cease to hold ofﬁ ce as such member if he ceases to be a member of the Senate, or a Dean, or a teacher, or a head of the University Department or a Principal or a member of the Academic Council, as the case may be.

(2) The term of ofﬁ ce of the elected members of the Syndicate shall be three years.

20. (1) Subject to such conditions as may be prescribed by or under the provisions of this Act, the Syndicate shall exercise the following powers and perform the following duties, namely:—

(i) to hold, control and administer the property and funds of the University;

(ii) to enter into, vary, carry out and cancel contracts on behalf of the University in the exercise or performance of the powers and duties assigned to it by the Act and the Statutes, on the advice of the Finance Committee, if any, and the Legal Committee, if any, appointed by the Syndicate;

(iii) to determine the form, provide for the custody and regulate the use, of the common seal of the University;

(iv) to administer funds placed at the disposal of the University for speciﬁ c purposes;

(v) to frame the annual ﬁ nancial estimates of the University and to submit them to the Senate;

(vi) after the ﬁ nancial estimates are voted by the Senate—

(a) to reduce the amount of the budget grant,

(b) to sanction the transfer of any amount within a budget grant from one minor head to another or from a subordinate head under one minor head to a subordinate head under another minor head, or

(c) to sanction the transfer of any amount not exceeding rupees ﬁ ve thousand within a minor head from one subordinate head to another or from one primary unit to another;

(vii) to make provisions for buildings, premises, furniture, apparatus and other means needed for carrying on the work of the University;

(viii) to accept on behalf of the University, bequests, donations and transfers of any movable or immovable property to the University;

(ix) to transfer any movable or immovable property on behalf of the University;

1. This clause was inserted by Guj. 10 of 1982, s. 2, Sch., Sr. No. 4 (6) (b).

Powers and duties of the Syndicate.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 19

(x) to raise loans on the security of the assets of the University;

(xi) to manage and regulate the ﬁ nances, accounts and investments of the University;

(xii) to institute and manage—

(a) Printing and Publication Department,

(b) University Extension Boards,

(c) Information Bureaux, and

(d) Employment Bureaux;

(xiii) to make provision—

(a) for extra-mural teaching and research,

(b) for physical education, National Cadet Corps and military training;

(xiv) to manage colleges, departments, institutes of research or specialised studies, laboratories, libraries, museums and hostels maintained by the University;

(xv) to recognise hostels and to provide housing accommodation for University teachers and to other employees;

(xvi) to register high schools situate outside the State of Gujarat as may be provided by the Statutes;

(xvii) to arrange for and direct the inspection of afﬁ liated colleges, recognised institutions, approved institutions and hostels, to issue instructions for maintaining their efﬁ ciency and for ensuring proper conditions of employment for members of their staff, and in case of disregard of such instructions, to modify the conditions of their afﬁ liation or recognition or take such other steps as it deems proper;

(xviii) to call for reports, returns and other information from college, recognised institutions, approved institutions or hostels;

(xix) to supervise and control the residence, conduct and discipline of the students of the University and to make arrangements for promoting their health and general welfare;

20 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

(xx) to recommend to the Senate the conferment of honorary degrees, and academic distinctions in the manner prescribed by the Statutes;

(xxi) to award fellowship, travelling fellowships, scholarships, studentships, exhibitions, medals and prizes;

(xxii) to appoint teachers and servants of the University, ﬁ x their emoluments, if any, and deﬁ ne their duties and the conditions of their service and discipline;

(xxiii) to recognise a member of the staff of an afﬁ liated college or recognised institution or approved institution as professor, reader, lecturer or teacher of the University and withdraw such recognition; (xxiv)¹[to ﬁ x remuneration of examiners] and to arrange for the conduct of and for publishing the results of the University examinations and other tests;

(xxv) to ﬁ x, demand and receive such fees and other charges as may be prescribed by the Ordinances;

(xxvi) to make, amend and cancel the Ordinances;

(xxvii) 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; (xxviii) to exercise all powers of the University not otherwise provided for in this Act or the Statutes and all other powers which are requisite to give effect to the provisions of this Act or the Statutes.

(2) The Syndicate shall make a report to the Senate about all acceptances of property referred to in clause (viii) of sub-section (1).

(3) The Syndicate shall not transfer any immovable property without the previous sanction of the Senate.

2 [(3A) The exercise of the powers by the Syndicate under clause (xxii) of sub-section (1), in so far as they relate to the laying down and regulating salary scales and allowances of teachers and servants of the University, shall be subject to the approval of the State Government.]

(4) The syndicate may by Ordinances appoint committees to carry out its administrative work and deﬁ ne their constitution, functions and tenure.

1 . These words were substituted for the words "to appoint examiners, to ﬁ x their remuneration" by Guj. 1 0 of 1982, s.2, Sch., Sr. No. 4(7)(a). 2. Sub-section (3A) was inserted, ibid., Sr. No. 4 (7) (b).

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 21

21. (1) The Academic Council shall be the academic body of the University and shall consist of following persons, namely:-

(i) The Vice-Chanceller-Ex-ofﬁ cio chairman; ¹[(ii) The Pro-Vice-Chancellor;]

(iii) The Deans of Faculties;

(iv) One member other than the Dean elected by each Faculty from amongst its members;

(v) Two members nominated by the Syndicate from amongst its own members.

(2) The term of ofﬁ ce of the members of the Academic Council other than ex-ofﬁ cio members shall be three years.

22. (1) The Academic Council shall have the control and general regulation of, and be responsible for, the maintenance of the standards of teaching and examination of the University.

(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, the Academic Council shall exercise the following powers and perform the following duties, namely:

(i) to approve Regulations made by the Faculty concerned laying down courses of study;

(ii) to approve Regulations made by the Faculty concerned regarding the special courses of study;

(iii) to arrange for co-ordination of studies and teaching in afﬁ liated colleges, recognised institutions 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 departments, institutes of research and specialised studies, libraries, laboratories and museums;

(vii) to approve and recommand to the Senate proposals for the institution of professorships, readerships, lecturerships and any other posts of teachers required by the University and for prescribing the duties and ﬁ xing the emoluments of such posts;

(viii) to approve and recommend to the Senate proposals for the institution of fellowships, travelling fellowships, scholarships, studentships, exhibitions, medals and prizes;

1 . This clause was substituted by Guj. 1 0 of 1 982, s. 2, Sch., Sr. No. 4(8). The Academic Council. Powers and duties of the Acdemic Council. H-2097—(6)

22 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

(ix) to make Regulations regarding the examinations of the University and the conditions on which students shall be admitted to such examinations;

(x) to approve Regulations prescribing equivalence of examinations;

(xi) to approve Regulations prescribing the manner for granting exemptions from approved courses of studies in the University or in afﬁ liated colleges for qualifying for degrees, diplomas and other academic distinctions;

(xii) to recommend to the Syndicate afﬁ liations of colleges;

(xiii) 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

(xiv) generally to advise the University on all academic matters.

23. (1) The University shall include the Faculties of Arts, Education, Science, Technology including Engineering, Agriculture, Law, Medicine, Commerce and Rural Studies and such other Faculties as may be prescribed by the Statutes. Each Faculty shall comprise such subjects as may be prescribed by the Statutes.

(2) Each Faculty shall consist of:—

(i) such of the members of the Senate as are assigned to the Faculty by the syndicate;

(ii) the Chairmen of the Boards of Studies for the subjects with which the Faculty is concerned, and

(iii) one member elected by each such Board of Studies from amongst its members other than the Chairman :

Provided that no member of the Senate shall be assigned to more than one Faculty.

(3) A teacher in a subject included in more Faculties than one shall, within one month from the date on which he becomes a member of the Senate, select by intimation in writing to the Registrar, any one of such Faculties to which he wishes to be assigned. If he fails to make such selection, the syndicate shall assign to him any one of such Faculties. A selection or assignment to made shall be irrevocable for the entire term of his membership.

24. (1) The Faculty shall have the general control and power of regulation, of, and be responsible for, the maintenance of standards of teaching and examinations of the University for the subjects assigned to the Faculty.

Faculties and their Functions. Powers and duties of the Faculty.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 23

(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, the Faculty shall exercise the following powers and perform the following duties, namely: —

(1) to make Regulations in consultation with the Boards of Studies concerned laying down courses of study;

(ii) to make Regulations regarding the special courses of study;

(iii) to make Regulations for the standards of passing the relevant examinations in the Faculty and for awarding classes at the examinations;

(iv) to make proposals for promoting research within the University;

(v) to make proposals for allocating subjects to the Faculty;

(vi) to make propsals for the establishment of departments, institutes of research and specialised studies, libraries, laboratories and museum;

(vii) to make proposals for the institution of professorships, readerships, lecturership and any other posts of teachers required by the University and for prescribing the duties and ﬁ xing the emoluments of such posts;

(viii) to make proposals for the institution of fellowships, travelling fellowships, scholarships, studentships, exhibitions, medals and prizes and to make Regulations for their award;

(ix) to make Regulations for the maximum work-load of teachers, the minimum teaching work for every subject and the minimum laboratory work and any other prescribed work to be done by students for any subjects;

(x) to make Regulations prescribing equivalence examinations;

(xi) to make Regulations prescribing the manner for granting exemption from approved courses of studies in the University or in afﬁ liated colleges for qualifying for degrees, diplomas and other distinctions;

(xii) 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

(xiii) generally to advice the University on all academic matters pertaining to the concerned courses of studies,

24 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

25. (1) There shall be a Dean of each Faculty who shall be elected by the Faculty from amongst its members, provided that he is a member of the Senate and also a teacher or a Principal.

(2) The Dean shall hold ofﬁ ce for a term of three years and shall be eligible for re-election for a further term of three years only.

(3) The Dean shall be the principal executive authority of the Faculty, and shall exercise the following powers and perform the following duties, namely :—

(i) he shall be the chairman of the Faculty and shall preside at its meetings;

(ii) he may attend the meeting of any Board of Studies in the Faculty;

(iii) he shall supervise and co-ordinate the work of the different Boards of Studies under the Faculty;

(iv) he shall plan and organise seminars, refresher courses, and work- shops, etc. pertaining to the subjects under the Faculty;

(v) he shall inspect and guide the University departments, afﬁ liated colleges, recognised institutions and approved institutions in respect of subjects under the Faculty;

(vi) he shall be responsible for the due observance of the Statutes, the Ordinances, and the Regulations relating to the Faculty; and

(vii) he shall recommend to the Syndicate for approval, proposals for the programmes of visiting teachers and for the exchange of teachers.

26. (1) There shall be a Board of Studies for every subject or group of subjects as may be prescribed by the Statutes.

(2) Subject to the provisions of sub-section (3) each Board shall consist of:—

(i) the head of the University department, if any, in the subject;

(ii) heads of the departments in the, special subjects taught at degree level in the colleges and recognised institutions;

(iii) not more than three, experts in the subject co-opted by the members of the Board;

Deans of Faculties. Boards of Studies.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 25

(3) Each Board shall consist of at least four members:

Provided that where the number of members is less than four, the Vice- Chancellor shall nominate such number of members as may be necessary to make up the deﬁ ciency, subject, however to the condition that the total number of co-opted and nominated members shall not exceed three.

(4) The chairman of the Board shall be elected by the members of the Board, from Amongst the members speciﬁ ed in clauses (i) and (ii) of sub- section (2). The person to be elected as Chairman shall, as far as possible, be a person qualiﬁ ed to teach Post-graduate courses.

(5) The powers and duties of a Board of Studies shall be as follows-.

(i) to recommend courses of studies in the subject;

(ii) to recommend and prescribe where necessary, books for study in the subject;

(iii) to recommend programmes for extension services and research in the subject;

(iv) to recommend organisation of seminars, refresher courses and work shops to the Dean of the Faculty;

(v) to recommend programmes for experiments and research in the courses of studies prescribed in the subject;

(vi) to recommend schemes for preparation and translation of books in the subject and suggest bibliography of books of study;

(vii) to frame and propose Regulations pertaining to the courses of studies and examinations in the subject;

(viii) to review periodically the terminology current in the subject; and

(ix) such other powers and duties as may be prescribed by the Statutes.

(6) A Board of Studies shall meet at least twice during an academic term as determined by Ordinances.

(7) The term of ofﬁ ce of a Board of Studies shall be three years.

27. The University may establish a Board of Extra-Mural Studies, a Board for Students' Welfare and a Board for Hostels and such other Boards as may be prescribed by the Statutes.

University Boards.

H-2097—(7)

26 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

28. (1) The constitution, powers and duties of the Boards and bodies as are under this Act or as may be declared by the Statutes to be, authorities of the University shall be as prescribed by the Statutes.

(2) The constitution, powers and duties of other Boards shall be as prescribed by the Ordinances.

CHAPTER V

STATUTES, ORDINANCES AND REGULATIONS

29. Subject to such conditions as may be prescribad by or under the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:—

(i) conferment of honorary degrees;

(ii) holding of convocations to confer degrees;

(iii) powers and duties of the ofﬁ cers of the Unversity;

(iv) constitution, powers and duties of the auhtorities of the University, save as provided in this Act;

(v) institution and maintenance by the University of departments, institutes of research or specialised studies and hostels;

(vi) acceptance and management of bequests, donations and endowments;

(vii) registration of graduates and maintenance of a register of registered graduates;

(viii) procedure at meetings of the authorities of the Uniersity and for the transaction of their business;

(ix) qualiﬁ cations of professors, readers, lecturers and teachers in afﬁ liated colleges and recognised institutions;

(x) all matters which by this Act are to be or may be prescribed by the Statutes.

30. (1) The Statutes may be made by the Senate or may be ameneded, repealed or added to by Statutes made by the Senate in the manner hereinafter provided.

(2) The Senate may take into consideration the draft of a Statute either of its own motion or on a proposed by the Syndicate.

Constitution, powers, etc. of Boards. Statutes. Making, amendment, operation and repeal of Statutes.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 27

(3) The Syndicate may propose to the Senate draft of any Statue to be passed by the Senate.

(4) Such draft shall be considered by the Senate at its next succeeding meeting. The Senate may approve such darft and pass the Statute or may reject it or return it to the Syndicate for reconsideration either in whole or in part together with any amendments which the Senate may suggest. After any draft so returned has been further considered by the Syndicate together with any amendments suggested by the Senate, it shall be again presented to the Senate with the report of the Syndicate thereon and the Senate may then deal with the draft in any manner it thinks ﬁ t.

(5) Where a Statute affects the powers or duties of any ofﬁ cer, authority or Board of the University—

(i) the Syndicate shall, before proposing the draft of such Statute, ascertain and consider the views of the ofﬁ cer, authority or Board concerned; and

(ii) the Senate, before passing any such Statute taken into consideration of its own motion, shall ascertain and consider the views of the officer, authority or Board concerned and the opinion of the Syndicate.

(6) Every Statute passed by the Senate shall be submitted to the Chancellor who may give or whithold his assent thereto or refer it back to the Senate for consideration.

(7) No Statute passed by the Senate shall have validity until assented to by the Chancellor.

31. Subject to such conditions as may be prescribed by or under the provisions of this Act, the Syndicate may make Ordinances to provide for all or any of the following matters:—

(i) conditions under which students shall be admitted to courses of studies for degrees, diplomas and other academic distinctions;

(ii) conditions governing the appointment and the duties of examiners;

(iii) conduct of examinations;

(iv) recognition of teachers of the University;

(v) conditions of residence, conduct and discipline of students of the University;

(vi) recognition of hostels;

Ordinances.

28 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

(vii) inspection of affiliated colleges, recognised institutions, approved institutions and hostels;

(viii) rules to be observed and enforced by colleges and recognised institutions and approved institutions in respect of transfer of students;

(ix) mode of executions of contracts or agreements for, or on behalf of, the University ;

(x) matters which by this Act of the Satutes are to be or may be provided for by the Ordinances; and

(xi) generally all matters for which provisions is, in the opinion of the Syndicate, necessary for the exercise of the powers conferred or the performance of the duties imposed upon the Syndicate by this Act or the Statutes.

32. (1) Ordinances shall be made by the Syndicate :

Provided that no Ordinance concerning the matters referred to in clauses

(i) to (iv) of section 31 or any other matter connected with the maintenance of the standards of teaching and examinations within the University shall be made unless a draft of the same has been proposed by the Acadamic Council.

(2) The Syndicate shall not have power to amend any draft proposed by the Academic Council under sub-section (1) but may reject it or return it to the Academic Council for reconsideration, either in whole or in part together with any amendments which the Syndicate may suggest.

(3) All Ordinances made by the Syndicate shall, except as provided by this Act, have effect from such date as it may direct but every Ordinance so made shall be laid before the Senate and shall be considered by the Senate at its next succeeding meeting.

(4) The Senate shall have power by a resolution to cancel or to refer back but not to amend any such Ordinance. The resolution cancelling any such Ordinance shall be passed by a majority of not less than two-thirds of the members present at such meeting, the majority comprising not less than one- half of the members of the Senate.

(5) The Vice-Chancellor shall, on application of not less than one-third of the members of the Senate, suspend the operation of any such Ordinance until the Senate has considered it as provided in sub-section (3).

33. (1) The Academic Council, or as the case may be the Faculty may, subject to the approval of the Accademic Council, make Regulations, consistent with this Act, the Statutes and the Ordinances providing for all matters which by this Act, the Statutes or the Ordinances are to be provided for by Regulations and for all other matters solely concerning itself.

Making of Ordinances. Regulations and Rules.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 29

(2) Any authority of the University speciﬁ ed in clauses (v) to (x) of section 15 may, subject to the approval of the Syndicate, make rules, consistent with this Act, the Statutes, Ordinances and Regulations, providing for all matters solely concerning such authority.

CHAPTER VI

AFFILIATIONS, RECOGNITION AND APPROVALS

34. (1) A college applying for afﬁ liation to the University shall send a letter of application to the Registrar, and shall satisfy the Syndicate and the Academic Council —

(a) that the college will supply a need in the locality, having regard to the type of education intended to be provided by the college, the existing provision for the same type of education made by other colleges in the neighbourhood, and the suitability of the locality where the college is to be established;

(b) that the college is to be under the management of a regularly constituted governing body;

(c) that the strength and qualiﬁ cations of the teaching staff and the conditions governing their tenure of ofﬁ ce are such as to make due provision for the courses of instruction, teaching or training to be undertaken by the colleges;

(d) that the buildings in which the college is to be located are suitable, and that provision will 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;

(e) that due provision has been made or will be made for a library,

(f) where afﬁ liation is sought in any branch of experimental science, that arrangements have been or will be made in conformity with the Statutes, Ordinances and Regulations for imparting instruction in that branch of science in a properly equipped laboratory for museum;

(g) that due provision will, as far as circumstances may permit, be made for the residence of the Principal and some members of the teaching staff in or near the college or the place provided for the residence of the students;

(h) that the ﬁ nancial resources of the college are such as to make due provision for its continued maintenance and efﬁ cient working; and

Afﬁ liation.

H-2097—(8)

30 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

(1) that the college rules ﬁ xing 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.

(2) The application shall contain an assurance that after the college is afﬁ liated, any transference of management and all changes in the teaching staff and all other changes which result in any of the aforesaid requirements not being fulﬁ lled or continued to be fulﬁ lled shall be forthwith reported to the Syndicate.

(3) On receipt of a letter of application under sub-section (1) the Syndicate shall—

(a) direct a local inquiry to be made by a competent person or persons authorised by the Syndicate in this behalf in respect of the matters referred to in sub-section (1) 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 a 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),(b) and (d) of sub- section (1).

(4) The Registrar shall submit the application and all proceedings, if any, of the Academic Council and the Syndicate relating thereto, to the State Government which, after such inquiry as may appear to it to be necessary, shall grant or refuse the application or any part thereof.

(5) Where the application or any part thereof is granted, the order of the State Government shall specify the courses of instruction in respect of which the college is afﬁ liated, and, where the application or any part thereof is refused, the grounds of such refusal shall be stated.

(6) As soon as possible after the State Government makes its order, the Registrar shall submit to the Senate a full report regarding the application, the action taken thereon under sub-sections (3) to (5) and of all proceedings connected therewith.

(7) An application under sub-section (1) may be withdrawn at any time before an order is made under sub-section (4).

35. Where a college desires to add to the courses of instruction in respect of which it is afﬁ liated the procedure prescribed by section 34 shall, so far as may be, be followed.

Extension of afﬁ liation.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 31

36. (1) The Syndicate shall have the power after consultation with the Academic Council, to recognise as a recognised institution any institution of research or specialised studies other than a college.

(2) An institution which desires to have such recognition 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) constitution and personnel of the managing body;

(b) subjects and courses in regard to which recognition is sought;

(c) accommodation, equipment, library facilities and the number of students for whom provision has been or is proposed to be made;

(d) the strength of the staff, their qualiﬁ cations and salaries and the research work done by them;

(e) fees levied or proposed to be levied and the ﬁ nancial provision made for capital expenditure on buildings and equipment and for the continued maintenance and efﬁ cient working of the institution.

(3) Before taking the application into consideration the Syndicate may call for any further information which it may deem necessary.

(4) If the Syndicate 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 Syndicate 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 Syndicate shall specify the subjects and courses of instruction in respect of which the institution is recognised and make a report to that effect to the Academic Council and the Senate at their next succeeding meetings. Where the application or any part thereof is refused, the grounds of such refusal shall be stated.

37. (1) The Syndicate shall have the power after consultation with the Academic Council, to approve an institution as an ''approved institution"

for specialised studies, laboratory work, intership, research or other academic work approved by the Academic Council, under the guidance of a single qualiﬁ ed teacher.

(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, qualiﬁ cations, experience and research work of the teacher under whom approved work is to be done;

Recognition of institutions of research and specialised studies.

Approval of Institutions.

32 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

(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 ﬁ nancial provision made for capital expenditure on buildings and equipment and for the continued maintenance and efﬁ cient working of the institution.

(3) Before taking the application into consideration the Syndicate may call for any further information which it may deem necessary.

(4) If the Syndicate decides to take the application into consideration, it may direct a local inquiry to be made by 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 Syndicate 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 Syndicate shall specify the subjects and courses of instruction in respect of which the institution is approved and make a report to that effect to the Academic Council and the Senate at their next succeeding meetings. Where the application or any part thereof is refused, the grounds of such refusal shall be stated.

38. (1) Every afﬁ liated college, recognised institution and approved institution shall furnish such reports, returns and other information as the Syndicate, after consulting the Academic Council, may require to enable it to judge the efﬁ ciency of the college or institution.

(2) The Syndicate shall cause every such college or institution to be inspected from time to time by one or more competent persons authorised by the Syndicate in this behalf.

(3) The Syndicate may call upon any college or institution go inspected to take, within a speciﬁ ed period, such action as may appear to it to be necessary in respect of any of the matters referred to in sub-section (1) of section 34 and sub-section (2) of section 36, or as the case may be, sub-section (2) of section

37.

39. (1) The rights conferred on a college by afﬁ liation may be with- drawn in whole or in part or modiﬁ ed if the college has failed to carry out any of the provisions of sub-section (1) of section 34 or the college has failed to observe any of the conditions of its afﬁ liation or the college is conducted in a manner which is prejudicial to the interests of education.

(2) A motion for the withdrawal or the modiﬁ cation of such rights shall be initiated only in the Syndicate. The member of the Syndicate who intends to

Inspection of colleges and reports. Withdrawal of afﬁ liation.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 33 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 speciﬁ ed in such intimation on behalf of the college will be considered by the Syndicate :

Provided that the period so speciﬁ ed may, if necessary, be extended by the Syndicate.

(4) On receipt of the representation or on the expiry of the period referred to in sub-section (3), the Syndicate after considering the notice of motion, statement and representation, and after such inspection by competent person or persons authorised by the Syndicate 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 Senate.

(5) On receipt of the report under sub-section (4) the Senate shall, after such further inquiry, if any, as may appear to it to be necassary, record its opinion in the matter :

Provided that no resolution of the Senate recommending the withdrawal of afﬁ liation 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.

(6) The Registrar shall submit the proposal and all proceedings, if any, of the Academic Council, the Syndicate and the Senate 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 ﬁ t and communicate it to the Senate.

(7) Where by an order made under sub-section (6), the rights conferred by afﬁ liation are withdrawn in whole or in part or modiﬁ ed, the grounds for such withdrawal or modiﬁ cation shall be stated in the order.

40. (1) The right conferred on an institution by recognition may be withdrawn or suspended for any pariod if the institution has failed to observe any of the conditions of its recognition or the institution is conducted in a manner which is prejudicial to the interest of education.

(2) A motion for such withdrawal or suspension 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 head of the institution concerned, together with an intimation that any representation in writing submitted within a period speciﬁ ed in the intimation on behalf of the institution will be considered by the Syndicate :

Provided that the period so speciﬁ ed may, if necessary, be extended by the Syndicate.

Withdrawal of recognition.

H-2097—(9)

34 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

(4) On receipt of the representation or on the expiry of the period referred to in sub-section (3) the Syndicate, after considering the notice of motion, statement and representation and after such inspection by any competent person or persons authorised by the Syndicate in this behalf, and after such further inquiry as may appear to it to be necessary, and after consulting the Academic Council, shall make a report to the Senate if the Syndicate decides that the recognition should be withdrawn or suspended. No such report for withdrawal or suspension shall be made unless a resolution to that effect is supported by at least two-thirds of the members present at the meeting of the Syndicate.

(5) On receipt of the report under sub-section (4) of the Senate shall, after such further inquiry, if any, as may appear to it to be necessary, decide whether the recognition should be withdrawn or supended, as the case may be :

Provided that the recognition shall not be withdrawn or suspended unless a resolution of the Senate to that effect is supported by a majority of at least two-thirds of the members present at the meeting of the Senate, such majority comprising not less than one-half of the members of the Senate.

41. (1) The rights conferred on an institution by approval may be withdrawn or suspended for any period by the Syndicate if the institution has failed to observe any conditions of its approval or the work assigned to it is conducted in a manner which is prejudicial to the interest of education, or the teacher recognised by the University leaves the institution.

(2) Before making an order under sub-section (1) in respect of any approved institution, the Syndicate 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 Syndicate.

(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 Syandicate 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.

CHAPTER VII

POSTGRADUATE TEACHING

42. (1) Within the University Area all postgraduate instruction, teaching and training shall be conducted by the University or by such afﬁ liated colleges or institutions and in such subjects as may be prescribed by the Statutes.

(2) For the purpose of organising and co-ordinating the postgraduate instruction, teaching and training in the University Area, there shall be constituted a Board to be known as the Board of University Teaching. The constitution, pow- ers and duties of the Board shall be as prescribed by the Statutes.

Withdrawal of approval. Post graduate teaching.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 35

(3) All postgraduate departments shall ordinarily be located at the head quarters of the University. However, the University may locate any of such departments at a place or places outside its headquarters.

(4) The University may maintain University centres at places other than the headquarters of the University on such terms and conditions as may be prescribed by the Statutes and Ordinances.

CHAPTER VIII

E NROLMENT AND DEGREES

43. No student shall be enrolled as a student of the University unless he has passed—

(i) the Secondary School Certiﬁ cate Examination¹[²[***] the Higher Secondry School Certiﬁ cate Examination]³[conducted by the Gujarat Secondary and Higher Secondary Education Board ] in such subjects and with such standards of attainment as may be prescribed by the Statutes, or

(ii) the Entrance Examination, if any, which may be instituted by the University with the consent of the State Government, and held in such subjects and in such manner as may be prescribed by the Statutes, or,

(iii) any other examination prescribed as equivalent to the examinations referred to in clauses (i) and (ii), and possess such further qualifications, if any, as may be prescribed by the Statutes:

4 [Provided that a student who has passed Secondary School Certiﬁ cate Examination in the tenth standard conducted by the Gujarat Secondary Education Board in such subjects and with such standards of attainment as may be prescribed by the Statutes or any other examination prescribed as equivalent to the aforesaid examination, may be enrolled as a student of the University for the purpose of such diploma courses as may be prescribed by Statutes.

Explanation.-In this section, "Higher Secondary School Certiﬁ cate Examination" means the Examination of the students in the twelth standard].

44. Every student of the University shall reside in a hostel or under such conditions as may be prescribed by the Ordinances.

1 . The words "in the eleventh standard or the Higher Secondary School Certiﬁ cate Examination" were inserted by Guj. 32 of 1978, s. 5, Sch., Sr. No. 4 (a).

2 . The words "in the eleventh standard" were deleted by Guj. 14 of 2 002 , s. 18, Sch., Sr. No. 4 (2 ) (a).

3 . These words were substituted, for the words "conducted by the Secondary School Certiﬁ cate Examination Board" ibid., Sr. No. 4 (2) (b). 4. This proviso was added by Guj. 32 of 1978, s. 5, Sch., Sr. No. 4 (b). Qualifications for enrolment of students of the University. Residence of students.

36 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

45. The Senate may institute and confer such degrees, diplomas and other academic distinctions as may be prescribed by the Statutes.

46. If not less than two-thirds of the members of the Syndicate recommend that an honorary degree, or other academic distinction be conferred on any person on the ground that he is in their opinion, by reason of eminent position and attainments a fit and proper person to receive such degree or other academic distinction and where their recommendation is supported by a majority of not less than two-thirds of the members of the Senate present at a meeting of the Senate, such majority comprising not less than ona-half of the members of the Senate, and the recommendation is confirmed by the Chancellor, the Senate may confer on such person the honorary degree or other academic distinction so recommended without requiring him to undergo any examination.

47. (1) The Chancellor may, on the recommendation of the Syndicate and of the Senate supported by a majority of not less than two-thirds of the members of each body present at its meeting, such majority comprising not less than one-half of the members of each body, remove the name of any person from the register of graduates or withdraw from any person a diploma or degree if he has been convicted by a court of law of any offence which in the opinion of the Syndicate and the Senate, is a serious offence involving moral turpitude or if has been guilty of scandalous conduct.

(2) No action under this section shall be taken unless the person concerned is given an opportunity to be heard in his defence in the manner prescribed by the Statutes.

CHAPTER IX

1 [COMMITTEES

47A. (1) There shall be formed every year a committee for each faculty, for the purpose of drawing up the list for appointment to University Examiners, consisting of-

(i) the Pro-Vice-Chancellor, Ex-Ofﬁ cio Chairman,

(ii) the Dean of the concerned Faculty,

(iii) the Chairman of the Board of Studies, and

(iv) two members of the Board of Studies nominated by the Vice- Chancellor for the year.

(2) The list of Examiners prepared by the Committee shall be placed through the Academic Council before the Vice-Chancellor for his approval who may either approve or modify the same for reasons to be recorded in writing.

(3) The procedure to be followed by the Committee shall be such as may be prescribed by Statutes.]

1. This portion was substituted for the heading "Committees" by Guj. 19 of 1982, s. 2, Sch., Sr. No. 4 (9).

Degrees, Diplomas and other Academic distinction. Honorary degree. Removal from membership of University and

withdrawal of degree or diploma.

Examiners' Committee.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 37

48. All the authorities of the University shall have power¹[to appoint other committees]. Such committees may include persons who are not members of the authority appointing the committee.

CHAPTER X

FINANCE

49. (1) The University shall establish a fund to be called the University Fund.

(2) The following shall form part of or be paid into, the University Fund..

(a) any contribution or grant by the State Government, the Union Government, or the University Grant Commission,

(b) the income of the University from all sources including income from fees and charges,

(3) The University Fund shall be kept in any scheduled bank has deﬁ ned in the Reserve Bank of India Act, 1934, or in a co-operative bank approved by the State Government for the purpose or invested in securities authorised by the Indian Trusts Act, 1882, at the discretion of the Syndicate.

50. (1) The annual accounts of the University shall be prepared under the direction of the Syndicate and shall be submitted to the State Government for audit.

(2) The Syndicate shall, after the accounts are audited, submit a copy thereof along with a copy of the audit report to the Senate and to the State Government.

(3) The Syndicate shall also prepare, before such date as may be prescribed by the Statutes, the financial estimates for the ensuing year.

(4) The annual accounts and the ﬁ nancial estimates shall be considered by the Senate at its annual meeting and the Senate may pass resolutions with reference thereto and communicate the same to the Syndicate which shall take them into consideration and take such action thereon as it thinks ﬁ t; and ﬁ nally adopt the accounts and ﬁ nancial estimates. The Syndicate shall inform the Senate as it next meeting of the action taken by it or of its reasons for taking no action.

51. The annual report of the University shall be prepared under the direction of the Syndicate and shall be submitted to the Senate on or before such date as may prescribed by the Statutes and shall be considered by the Senate at the annual meeting. The Senate may pass resolutions thereon and communicate the same to the Syndicate which may take such action as it thinks ﬁ t, and the Syndicate shall inform the Senate at its next meeting of the action taken by it or of its reasons for taking no action.

1 . These words were substituted for the words "to appoint Committees" by Guj. 1 0 of 1 982, s.2, Sch., Sr. No. 4 (10). Committees. University Fund. II of 1934. II of 1882. Annual accounts and ﬁ nancial estimates. Annual Report. H-2097—(10)

38 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

CHAPTER XI

S UPPLIMENTARY PROVISIONS

52. Save as otherwise provided by or under this Act, every salaried ofﬁ cer and teacher of the University shall be appointed under a written contract. The contract shall be lodged with the Registrar of the University and a copy thereof shall be furnished to the ofﬁ cer or teacher concerned.

1 [52A. Every ofﬁ cer and employee of the University shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. Explanation.-For the purposes of this section any person who is appointed by the University for a speciﬁ ed period or for a speciﬁ ed work of the University, or who receives any remmuneration by way of compensatory allowance or fee for any work done from the University Fund shall be deemed to be an ofﬁ cer or employee of the University while he is performing, and in relation to all matters relatable to the performance of, the duties and functions connected with such appointment or work].

53. [ Tribunal of Arbitration.] deleted by Guj. 1 of 1988, s. 2, Sch., Sr. No. 3.

54. The University shall make adequate provisions for the beneﬁ t of its ofﬁ cers, teachers and other servants in such matters as insurance, pension, provident fund or other beneﬁ ts as it may deem ﬁ t, in such manner and subject to such conditions as may be prescribed by the Statutes.

²[54A. (1) Where the University has established a provident fund for the beneﬁ t of its ofﬁ cers, teachers and other servants under section 54, such fund shall, notwithstanding anything contained in any law for the time being in force, be deposited in the State Government treasury in accordance with such directions as the State Government may, from time to time, by an order in writing give, and thereupon,-

(i) the subscriber to the fund shall be entitled to interest on the balance in his provident fund account at the same rate, at which the State Government servant is for the time being entitled to on the balance in his provident fund account, and

(ii) the rules for the time being in force relating to the limits of withdrawals from the provident fund as applicable to such Government servant shall, so far as may be, apply to the subscriber.

(2) Nothing in this section shall apply to a provident fund established by the University to which the Employees' Provident Funds Act, 1952 applies.]

1. This section was inserted by Guj. 19 of 1980, s.2, Sch., Sr. No. 4.

2 . This section was inserted by Guj. 11 of 1979, s. 2 , Sch., Sr. No. 6. Conditions of Service. Ofﬁ cers and Employees to be public servants. XLV of 1860. Pension, Insurance and provident fund. Provident fund to be deposited in Government treasury. XIX of 1952.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 39

55. Every election to any authority of the University made under this Act shall be made according to the system of proportional representation by means of a single transferable vote by ballot in such manner as may be prescribed by the statutes.

56. (1) Any member of any authority or body of the University may resign his ofﬁ ce by letter addressed to the Vice-Chancellor through the Registrar and the resignation shall take effect on its acceptance by the Vice-Chancellor or on the expiry of thirty days from the date of receipt of the letter by the Vice- Chancellor whichever event occurs earlier.

(2) Any member of any authority or body of the University shall cease to be a member on his being convicted by a court of law of an offence, which in the opinion of the syndicate, involves moral turpitude.

57. When any vacancy occurs in the ofﬁ ce of a member (other than an Ex-offcio member) of any authority or other body of the University before the expiry of the term of ofﬁ ce of such member, the vacancy shall be ﬁ lled up, as soon as conveniently may be, by the election, nomination, appointment or co-option, as the case may be, of a member who shall hold ofﬁ ce so long only as the member in whose place he has been elected, nominated, appointed or co-opted, would have held it, if the vacancy had not occured :

Provided that, if the vacancy be of an elected member of the Senate and occurs within six months preceding the date on which the term of ofﬁ ce of such member expires, the vacancy shall not be ﬁ lled.

58. No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of any vacancy in its membership.

1 [59. Where any question arises as to—

(1) the interpretation of any provision of this Act, or of any Statute, Ordinance, Regulation or Rule, or

(2) whether a person has been duly elected or appointed as, or is entitled to be or ceases to be entitled to be, a member of any authority or other body of the University,

(a) it may be referred to the State Government if it relates to matter speciﬁ ed in clause (1), and

(b) it shall be referred to the State Government if—

(i) it relates to a matter speciﬁ ed in clause (2), or

(ii) if twenty members of the Senate so require irrespective of whether it relates to a matter speciﬁ ed in clause (1) or clause (2), and

1. This section was substituted by Guj. 9 of 1983, s. 2, Sch., Sr. No. 4.

Election to be by system of proportional representation. Vacating of ofﬁ ce.

Filling of casual

Vacancies. Proceedings not invalidated by vacancies. Disputes as to constitution of University authority or body.

40 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

the State Government shall after making such inquiry as it deems ﬁ t (including giving an opportunity of being heard where necessary) decide the question and its decision shall be ﬁ nal.]

60. All acts and orders in good faith done and passed by the University or any of its authorities, bodies or ofﬁ cers shall be ﬁ nal and no suit shall be instituted against or damage claimed from the University or its authorities, bodies or ofﬁ cers for anything purporting to be done in pursuance of this Act and the Statutes, Ordinances, Regulations and Rules thereunder. ¹[60A. (1) As from the commencement of the Gujarat Universities Laws (Second Amendment) Act, 2003 (hereinafter referred to as "the said Act"), any reference in any existing law or instrument or document-

(a) to the expression "the South Gujarat University Act, 1965" shall be construed as if it were a reference to "the Vir Narmad South Gujarat University Act, 1965", and

(b) to the expression "the South Gujarat University" shall be construed as if it were a reference to "the Vir Narmad South Gujarat University".

(2) Any Act done by, or any suit or other proceeding ﬁ led by or against the South Gujarat University before the commencement of the said Act shall be deemed to have been done or, as the case may be, ﬁ led by or against the Vir Narmad South Gujarat University. Explanation.- For the purpose of this section "existing law" means any enactment of a Legislature of any other competent authority in relation to matters speciﬁ ed in Lists II and III in the Seventh Schedule to the Constitution of India as in force in any part of the State of Gujarat immediately before the commencement of the said Act and includes any statute, ordinance, rule, bye-law, regulation, order, notiﬁ cation, scheme, form or other instrument having the force of law made, prescribed or issued under any such enactment.] ²[60B. (1) As from the commencement of the Vir Narmad South Gujarat University (Amendment) Act, 2012 (hereinafter referred to as "the said Act"), any reference in any existing law or instrument or document-

(i) to the expression "the Vir Narmad South Gujarat University Act, 1965" shall be construed as if it were a reference to "the Veer Narmad South Gujarat University Act, 1965", and

(ii) to the expression "The Vir Narmad South Gujarat University" shall be construed as if it were a reference to "Veer Narmad South Gujarat University".

1 . Section 60A was inserted by Guj. 2 of 2004, s. 6.

2 . Section 60B was inserted by Guj. 2 of 2 012 , s. 6. Protection of acts and orders. Construction of references to South Gujarat University Act, 1965 and South Gujarat University in Existing laws, instruments, etc. Guj. 2 of 2004. Construction of reference to the Vir Narmad South Gujarat University Act, 1965 and Vir Narmad South Gujarat University in existing laws instruments, etc. Guj. 2 of 2012.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 41

(2) Any act done by, or any suit or other proceeding f iled by or against the Vir Narmad South Gujarat University before the commencement of the said Act shall be deemed to have been done or, as the case may be, f iled by or against Veer Narmad South Gujarat University.

Explanation.- For the purpose of this section "existing law" means any enactment of a Legislature or any other competent authority in relation to matters speciﬁ ed in List II and List III in the Seventh Schedule to the Constitution of India as in force in any part of the State of Gujarat immediately before the commencement of the said Act and includes any statute, ordinance, rule, bye-law, regulation, order, notiﬁ cation, scheme, form or other instrument having the force of law made, prescribed or issued under any such enactment.]

CHAPTER XII

T RANSITORY PROVISIONS

61. Notwithstanding anything contained in this Act, or the Statutes, Ordinances and Regulations made thereunder, any student of a college situate within the University Area and afﬁ liated to the Gujarat University who immediately before the date on which section 5 came into force was studying or was eligible for any examination of the Gujarat University shall be permitted to complete his course in preparation therefor, and the University shall provide for such period and in such manner as may be prescribed by the Statutes for the instruction, teaching, training and examination of such students in accordance with the courses of studies of the Gujarat University.

62. Notwithstanding anything contained in section 10, the ﬁ rst Vice- Chancellor shall be appointed by the State Government as soon as practicable after the passing of this Act for a period not exceeding three years and on such terms and conditions as the State Government thinks ﬁ t.

63. Notwithstanding anything contained in section 12, the State Government shall appoint the ﬁ rst Rector for a period not exceeding three years and on such terms and conditions as the State Government thinks ﬁ t.

64. Notwithstanding anything contained in section 13, the ﬁ rst Registrar shall be appointed by the State Government as soon as practicable after the passing of this Act for a period not exceeding four years and on such conditions as the State Government thinks ﬁ t.

65. (1) It shall be the duty of the ﬁ rst Vice-Chancellor-

(a) to give recognition to institutions, if any, as far as possible consistently with the provisions of section 36, and

(b) to make arrangements for constituting the Senate, the Syndicate, the Academic Council and other authorities of the University, within six months after the date of his appointment or such longer period not exceeding one year as the State Government may, by notiﬁ cation in the Ofﬁ cial Gazette, direct.

(2) The ﬁ rst Vice-Chancellor shall, with the assistance of the Advisory Committee consisting of not more than ﬁ fteen members nominated by the State Government,—

Completion of courses of students in Colleges afﬁ lliated to the Gujarat University. Appointment of ﬁ rst Vice- Chancellor. Appointment of ﬁ rst Rector. Appointment of ﬁ rst Registrar. Transitory powers of ﬁ rst Vice-Chancellor.

H-2097—(11)

42 Veer Narmad South Gujarat University Act, 1965 [1965 : Guj. 38

(a) subject to the provisions of this Act and approval of the Chancellor-

(i) make provisional Statutes necessary for constituting the aforesaid authorities and regulating the procedure as their meetings and the transaction of their business,

(ii) draw up any rules that may be necessary for regulating the mathod of election to the aforesaid authorities;

(b) frame the ﬁ rst Statutes, Ordinances and Regulations under this Act and submit them for conﬁ rmation to the respective authorities when they commence to exercise their function.

(3) The authorities constituted under sub-section (1) shall commence to exercise their functions on such date or dates as the State Government may, by notiﬁ cation in the Ofﬁ cial Gazette, direct.

(4) The Statutes, Ordinances and Regulations framed by the ﬁ rst Vice- Chancellor shall, when conﬁ rmed by the respective authorities, be published in the Ofﬁ cial Gazette.

66. (1) At any time after the passing of this Act until such time as the authorities of the University shall Commence to exercise then functions.

(a) any ofﬁ cer of the University may be appointed by the Vice-Chancellor with the previous sanction of the Chancellor,

(b) teachers of the University may be appointed by the Chancellor after considering the recommendations of an Advisory Committee consisting of the Vice- Chancellor, the Director of Education and such other person or persons, if any, as the Chancellor thinks ﬁ t to associate with them.

(2) Any appointment made under sub-section (1) shall be for such period not exceeding four years and on such conditions as the appointing authority thinks ﬁ t :

Provided that no such appointment shall be made until ﬁ nancial provision has been made therefor.

67. The Vice-Chancellor appointed under section 62 shall have powers until the syndicate commences or excercise its functions—

(a) with the previous approval of the Chancellor to make additional Statutes to provide for any matter not provided for by the ﬁ rst Statutes.

(b) to constitute provisional authorities and bodies and on their recommendations to make rules providing for the conduct of the work of the University.

First appointment of the ofﬁ cers and teachers of the University.

Extra

ordinary powers of the ﬁ rst

Vice-Chancellor.

1965 : Guj. 38 ] Veer Narmad South Gujarat University Act, 1965 43

(c) subject to the control of the State Government to make such ﬁ nancial arrangements as may be necessary to enable this Act or any part thereof to be brought into force,

(d) with the sanction of the Chancellor to make for a period not exceding four years such appointments as may be necessary to enable this Act or any part thereof to be brought into force.

(e) to appoint any committee as he may think ﬁ t, to discharge such of his functions as he may direct, and

(f) generally to exercise all or any of the powers conferred on the syndicate by or under the provisions of this Act.

68. If any difﬁ culty arises as to the ﬁ rst constitution or reconstitution of any authority of the University after the coming into force of this Act or otherwise in ﬁ rst giving effect to the provisions of this Act, the State Government, as occasion may require, may by order do anything with appears to it necessary for the purpose of removing the difﬁ culty.

69. In the Gujarat University Act, 1949, in Schedule, the entries at serial numbers 4 and 5 shall be deleted.

SCHEDULE.

[See section 2 (16)]

1. Surat District.

2. Bulsar District.

3. Broach District.

4. Dangs District. ------------

Removal by State Government of difﬁ culties at the

commencement of the Act. Bom. L of

1949.

Amendment of Bom. L of

1949.

GOVERNMENT PRESS, VADODARA.