Sr.
No
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Short title
1.
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Extent of amendment.
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1
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2
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3
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1.
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The Maharaja Sayajirao University of Baroda Act, 1949 (Baroda Act 17 of 1949.)
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(1) In section 11,—
(a) in sub-section (5), in clause (a), for the words “thereafter report his action” the words “thereafter furnish information regarding his action” shall be substituted;
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(6) after sub-section (5), the following sub-section shall be inserted, namely:—
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“(5A) (a) Subject to the provisions contained in sub-section (5) where the Vice-Chancellor after making such inquiry as he deems fit is of opinion that the execution of any order or resolution of an authority specified in or declared under section 16, or the doing of anything which is about to be done or is being done by or on behalf of the University —
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(i) is inconsistent with the provisions of this Act or of any statute, ordinance, rule or regulation, or
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(ii) is not in the interest of the University, or
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(iii) is likely to lead to breach of peace.
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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or proposes to do the thing for reconsideration by that authority as to whether the said order or resolution may not be rescinded, or revised or modified in the manner stated by him, or the doing of the thing be refrained from.
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(b) Where the authority after reconsideration revises or modifies the order or the resolution in the manner stated by the Vice-Chancellor, then notwithstanding anything contained in clause (e) such revised or modified order or resolution shall revive from the date of such revision or modification.
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(c) Where the authority revises or modifies 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.
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(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 modification permanently or for such period as it may specify:
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Provided that the order or resolution shall not be revised or modified or continued by the State Government without giving the concerned authority a reasonable opportunity of showing the cause against the order.
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(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 under clause (d).”.
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(2) In section 24—
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(a) in sub-section (1), in clause (xx), for the words “to appoint examiners and fix their remunerations” the words “to fix remuneration of examiners” shall be substituted;
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(b) after sub-section (3), the following sub-section shall be inserted, namely :—
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“(4) The exercise of the powers by the Syndicate under clause (xxiv) of sub-section (J), in so far as they relate to the determination of salaries, allowances and emoluments of the teachers and other employees of the University shall be subject to the approval of the State Government.”.
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Examiners’ Committee
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(3) For section 49, the following section shall be substituted, namely :—
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“49. (1) There shall be formed, every year a committee for each faculty, for the purpose of drawing up the list for appointments to University Examiners, consisting of—
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(i) the Pro Vice-Chancellor, Ex-officio Chairman,
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(ii) the Dean of the concerned faculty,
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(iii) the Chairman of the Board of Studies, and
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(iv) two members of the Board of Studies nominated by the Vice-Chancellor for the year.
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(2) The list of Examiners prepared by the Committee shall be placed before the Vice-Chancellor for his approval who may either approve or modify the same for reasons to be recorded in writing.
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(3) The procedure to be followed by the Committee shall be such as may be prescribed by Statutes.”.
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2.
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The Gujarat University Act, 1949 (Bom. L of 1949).
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(1) In section 3, in sub-section (1), for the words “the Vice-Chancellor of the University” the words “the Vice-Chancellor and the Pro-Vice-Chancellor of the University” shall be substituted.
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(2) In section 8, in clause (iii), the words “if any” shall be deleted.
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(3) In section 10,—
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(a) in sub-section (5), for the words “shall be such as may be prescribed by the statutes” the words “shall be such as may be determined by the State Government ” shall be substituted;
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(b) in sub-section (6), for the words “the Pro-Vice-Chancellor, if any” occurring at two places, the words “the Pro-Vice-Chancellor” shall be substituted.
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(4) In section 11—
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(a) in sub-section (4), in clause (a), for the words “thereafter report his action” the words “thereafter furnish information regarding his action” shall be substituted;
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(b) after sub-section (5), the following sub-section shall be inserted, namely:-
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“(5A) (a) Subject to the provisions contained in sub-section (4) and notwithstanding anything contained in sub-section (5) where the Vice-Chancellor after making such inquiry as he deems fit is of opinion that the execution of any order or resolution of an authority specified in or declared under, section 19, or the doing of anything which is about to be done or is being done by or on behalf of the University.—
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(i) is inconsistent with the provisions of this Act or of any statute, ordinance, rule or regulation, or
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(ii) is not in the interest. of the University, or
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(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 modified in the manner stated by him, or the doing of the thing he refrained from.
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(b) Where the authority after reconsideration revises or modifies the order or the resolution in the manner stated by the Vice-Chancellor, then notwithstanding anything contained in clause (e) such revised or modified order or resolution shall revive from the date of such revision or modification.
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(c) Where the authority revises or modifies 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.
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(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 modification permanently or for such period as it may specify :
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Provided that the order or resolution shall not be revised or modified or continued by the State Government without giving the concerned authority a reasonable opportunity of showing the cause against the order.
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(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 under clause (d).”.
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(5) For section 12, the following section shall be substituted, namely:—
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Pro-Vice-Chancellor.
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“12. (1) The Pro-Vice-Chancellor shall be appointed by the State Government from amongst three persons recommended by the Vice-Chancellor.
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(2) The Pro-Vice-Chancellor shall hold office for a term of three years and he shall be eligible for reappointment to that office for a further term of three years only :
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Provided that no person appointed as a Pro-Vice-Chancellor shall continue to hold his office as such after he attains the age of 65 years.
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(3) The Pro-Vice-Chancellor shall be a whole time salaried officer and his emoluments and conditions of service, shall be such as shall be determined by the State Government :
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Provided that the emoluments and conditions of service of the holder of such officer shall not during currency of the term of the holder of that office, be varied to his disadvantage without his consent.
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(4) The, Pro-Vice-Chancellor shall be the principal inspecting officer of the University and shall exercise such of the powers and perform such of the duties of the Vice-Chancellor as the Vice-Chancellor may either specially or generally confer or impose on him with the approval of the Executive Council.
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(5) The Pro-Vice-Chancellor shall, in the absence of the Vice-Chancellor, or in the event of his being unable to perform the duties of his office, exercise all the rights and powers and discharge all the functions and duties of the Vice-Chancellor.
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(6) The Pro-Vice-Chancellor shall preside—
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(a) in the absence of the Chancellor and the Vice-Chancellor at the meetings of the Court, and
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(b) in the absence of the Vice-Chancellor at the meetings of any other authority of the University or a committee thereof.”.
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(6) In section 16, in sub-section (1), under the heading “Class I Ex-officio members”—
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(a) in paragraph (A), in clause (iv), the words, “if any” shall be deleted;
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(b) in paragraph (B)—
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(i) for clause (i), the following shall be substituted, namely :—
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“(i) The Director of Higher Education or an officer not below the rank of a Joint Director of Higher Education designated by such Director;”;
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(ii) for clauses (iii) to (v), the following clauses shall be substituted, namely :—
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“(iii) The Director of Health and Medical services and Medical Education or an officer not below the rank of a Joint Director of Health and Medical Services and Medical Education designated by such Director;
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(iv) The Director of Employment and Training if any, or an officer not below the rank of a Joint Director of Employment and Training designated by such Director;
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(v) The Director of Food and Drugs Control Administration, or an officer not below the rank of a Joint Director of Food and Drugs Control Administration designated by such Director;
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(vi) The Chairman of the Gujarat Secondary Education Board.”.
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(7) In section 19, in sub-section (1)-
(a) in clause (iii), for the words “The Director of Education” the words “The Director of Higher Education” shall be substituted;
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(b) after clause (iii), the following clauses shall be inserted, namely:—
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“(iii a) The Director of Technical Education, and if he is unable to attend, the officer designated under clause (ii) of paragraph (B) of Class I of sub-section (1) of section 16;
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(iii b) The Director of Health and Medical Services and Medical Education and if he is unable to attend, the officer designated under clause (iii) of paragraph (B) of Class I of sub-section (1) of section 16;”;
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(c) after clause (xi), the following clause shall be inserted, namely :—
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"(xia) 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 Court;”.
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(8) In section 20,—
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(a) in sub-section (1), in clause (xxxi) for the words “to appoint examiners, to fix their remuneration” the words “to fix remuneration of examiners” shall be substituted;
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(b) after sub-section (3), the following sub-section shall be inserted, namely:—
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"(3A) The exercise of the powers by the Executive Council under clauses (xxxviii) and (xxxix) of sub-section (1) in as far as they relate to the laying down and regulating salary scales and allowances of officers, members of the teaching, other academic and non-teaching staff of the University, affiliated colleges and recognised or approved institutions, shall be subject to the approval of the State Government.”.
(9) In section 21, in sub-section (1), for clause (ii), the following clause shall be substituted, namely:—
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"(ii) The Pro-Vice-Chancellor.”.
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(10) In section 23, in sub-section (1), for the words “the Faculties of Arts, including Education,” the words “the Faculties of Arts, Education,” shall be substituted.
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(11) In Chapter IX, for the heading “Committees” the following shall be substituted, namely:—
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“Committees.
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Examiners’ Committee.
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46A, (1) There shall be formed every year a committee for each faculty, for the purpose of drawing up the list for appointments to University Examiners, consisting of—
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(i) the Pro-Vice-Chancellor, Ex-Officio Chairman,
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(ii) the Dean of the concerned Faculty,
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(iii) the Chairman of the Board of Studies, and
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(iv) two members of the Board of Studies nominated by the Vice-Chancellor for the year.
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(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.
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(3) The procedure to be followed by the Committee shall be such as may be prescribed by Statutes.”.
(12) Section 47 A shall be deleted.
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3.
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The Sardar Patel University Act, 1955 (Bom. XL of 1955).
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(1) In section 3, in sub-section (1), after the words “the Vice-Chancellor” the words “the Pro-Vice-Chancellor” shall be inserted.
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(2) In section 8, after clause (ii), the following clause shall be inserted, namely:—
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“(iia) the Pro-Vice-Chancellor;”.
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(3) In section 10,—
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(a) in sub-section (5), for the words “shall be such as may be prescribed by the statutes” the words “shall be determined by the State Government” shall be substituted;
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(b) in sub-section (6), for the words “one of the Deans nominated by the Chancellor” the words “the Pro-Vice-Chancellor, and in the absence of the Pro-Vice-Chancellor, one of the Deans nominated by the Chancellor,” shall be substituted.
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(4) In section 11,—
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(a) in sub-section (4), in clause (a), for the words “thereafter report his action” the words "thereafter furnish information regarding his action” shall be substituted;
(b) after sub-section (5), the following sub-section shall be inserted, namely:—
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“(5A) (a) Subject to the provisions contained in sub-section (4) and notwithstanding anything contained in sub-section (5) where the Vice-Chancellor after making such inquiry as he deems fit is of opinion that the execution of any order or resolution of an authority specified in or declared under section 14, or the doing of anything which is about to be done or if; being done by or on behalf of the University—
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(i) is inconsistent with the provisions of this Act or of any statute, ordinance, rule or regulation, or
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(ii) is not in the interest of the University. or
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(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 the authority as to whether the said order or resolution may not be rescinded, or revised or modified in the manner stated by him or the doing of the thing be refrained from.
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(b) Where the authority after reconsideration revises or modifies the order or the resolution in the manner stated by the Vice-Chancellor, then notwithstanding anything contained in clause (e) such revised or modified order or resolution shall revive from the date of such revision or modification.
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(c) Where the authority revises or modifies the order or resolution in such manner as is inconsistent whit the manner stated by the Vice-Chancellor, the Vice-Chancellor shall refer the matter to the State Government for its decision,
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(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 modification permanently or for such period as it may specify :
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Provided that the order or resolution shall not be revised or modified or continued by the State Government without giving the concerned authority a reasonable opportunity of showing the cause against the order.
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(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 under clause (d).”.
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(5) After section 11, the following section shall be inserted, namely :—
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Pro-Vice-Chancellor.
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“11A, (1) The Pro-Vice-Chancellor shall be appointed by the State Government from amongst three persons recommended by the Vice-Chancellor.
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(2) The Pro-Vice-Chancellor shall hold office for a term of three years and he shall be eligible for reappointment to that office for a further term of three years only:
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Provided that no person appointed as a Pro-Vice Chancellor shall continue to hold his office as such after he attains the age of 65 years,
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(3) The Pro-Vice-Chancellor shall be a whole time salaried officer and his emoluments and conditions of services shall be such as shall be determined by the State Government:
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Provided that the emoluments and conditions of service of the holder of such office shall not during the currency of the term of the holder of that office, be varied to his disadvantage without his consent.
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(4) The Pro-Vice-Chancellor shall be the principal inspecting officer of the University and shall exercise such of the powers and perform such of the duties of the Vice-Chancellor as the Vice-Chancellor may either specially or generally confer or impose on him with the approval of the Syndicate.
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(5) The Pro-Vice-Chancellor shall, in the absence of the Vice-Chancellor, or in the event of his being unable to perform the duties of his office, exercise all the rights and powers and discharge all the functions and duties of the Vice-Chancellor.
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(6) The Pro-Vice-Chancellor shall preside-
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(a) in the absence of the Chancellor and the Vice-Chancellor, at the meeting of the Senate, and
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(b) in the absence of the Vice-Chancellor at the meeting of any other authority of the University or a committee thereof.”
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(6) In section 15, under the heading” I-Ex- officio fellows”—
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(a) in paragraph (A), after clause (iii), the following clause shall be inserted, namely:-
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(iiia) The Pro-Vice-Chancellor.”
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(b) in paragraph (B),—
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(a) for clause (vi). the following shall be substituted, namely-
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“(vi) The Director of Higher Education, or an officer not below the rank of a joint Director of Higher Education designated by such Director,”
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(b) for clause (xi), the following clauses shall be substituted, namely-
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"(xi) The Director of Technical Education, or an officer not below the rank of a Joint Director of Technical Education designated by such Director;
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(xia) The Director of Health and Medical Services and Medical Education or an off officer not below the rank of a Joint Director of Health and Medical Services and Medical Education designated by such Director.
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(7) In section 22, in sub-section (1),—
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(i) for clause (b), the following clauses shall be substituted, namely :—
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“(b) The Director of Higher Education and if he is unable to attend, the officer designated under clause (vi) of paragraph (B) of I Ex-officio Fellows of section 15.
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(bi) The Director of Technical Education, and if he is unable to attend, the officer designated under clause (xi) of paragraph (B) of I Ex-officio Fellows of section 15.
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(bii) The Director of Health and Medical Services and Medical Education and if he is unable to attend, the officer designated under clause (xia) of paragraph (B) of I Ex-officio Fellows of section 15.”;
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(ii) after clause (h), the following clause shall be inserted, namely :—
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“(i) 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.”.
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(8) In section 23,—
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(a) in sub-section (1), in clause (xxviii), for the words “to appoint examiners to fix their remuneration” the words “to fix remuneration of examiners" shall be substituted;
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(b) after sub-section (3), the following sub-section shall be inserted, namely:—
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"(4) The exercise of the powers by the Syndicate under clauses (xv) and (xxi) of sub-section (1), in so far as they relate to the laying down and regulating salary scales and allowances of officers, teachers and employees of the University shall he subject to the approval of the State Government.”.
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(9) For section 31, the following section shall be substituted, namely ;—
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Examiners’ Committee.
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“31. (1) There shall be formed every year a committee for each faculty for the purpose of drawing up the list for appointments to University Examiners, consisting of-
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(i) the Pro-Vice-Chancellor, Ex-officio Chairman,
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(ii) the Dean of the concerned Faculty,
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(iii) the Chairman of the Board of Studies, and
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(iv) two members of the Board of Studies nominated by the Vice-Chancellor for studies year.
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(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.
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(3) The procedure to be followed by the committee shall be such as may be prescribed by Statutes.”.
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4.
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The South Gujarat University Act, 1965 (Guj. 38 of 1965).
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(1) In section 8, for clause (iii), the following clause shall be substituted, namely: —
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“(iii) The Pro-Vice-Chancellor;”.
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(2) In section 10,—
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(a) in sub-section (5), for the words “shall be such as may be prescribed by the statutes” the words “shall be such as may he determined by the State Government” shall be substituted:
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(b) in sub-section (6), for the words “the Rector, if any, and in the absence of the Rector” the words “the Pro-Vice-Chancellor, and in the absence of the Pro-Vice-Chancellor,” shall be substituted.
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(3) In section 11—
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(a) in sub-section (4), in clause (a), for the words “thereafter report his action” the words “thereafter furnish information regarding his action” shall be substituted;
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(b) after sub-section (5), the following sub-section shall be inserted, namely :—
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“(5A) (a) Subject to the provisions contained in sub-section (4) and not with-standing anything contained in sub-section (5) where the Vice-Chancellor after making such inquiry as he deems fit is of opinion that the execution of any order or resolution of an authority specified in or declared under section 15, or the doing of anything which is about to be done or is being done by or on behalf of the University —
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(i) is inconsistent with the provisions of this Act or of any statute, ordinance, rule or regulation, or
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(ii) is not in the interest of the University, or
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(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 modified in the manner stated by him, or the doing of the thing be refrained from.
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(b) Where the authority after reconsideration revises or modifies the order or the resolution in the manner stated by the Vice-Chancellor, then notwithstanding anything contained in clause (e) such revised or modified order or resolution shall revive from the date of such revision or modification
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(e) Where the authority revises or modifies 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.
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(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 modification permanently or for such period as it may specify :
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Provided that the order or resolution shall not be revised or modified or continued by the State Government without giving the concerned authority a reasonable opportunity of showing the cause against the order.
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(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 under clause (d).”
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(4) For section 12, the following section shall be substituted, namely :—
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Pro-Vice-Chancellor.
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“12. (1) The Pro-Vice-Chancellor shall be appointed by the State Government from amongst three persons recommended by the Vice-Chancellor.
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(2) The Pro-Vice-Chancellor shall hold office for a term of three years and he shall be eligible for reappointment to that office for a further term of three years only:
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provided that no person appointed as a Pro-Vice-Chancellor shall continue to hold his office as such after he attains the age of 65 years.
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(3) The Pro-Vice-Chancellor shall be a whole time salaried officer and his emoluments and conditions of service shall be such as shall be determined by the State Government:
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Provided that the emoluments and conditions of service of the holder of such office shall not during the currency of the term of the holder of that office, be varied to his disadvantage without his consent.
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(4) The Pro-Vice-Chancellor shall be the principal inspecting officer of the University and shall exercise such of the powers and perform such of the duties of the Vice-Chancellor as the Vice-Chancellor may either specially or generally confer or impose on him with the approval of the Syndicate.
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(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 office exercise all the rights and powers and discharge all the functions and duties of the Vice-Chancellor.
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(6) The Pro-Vice-Chancellor shall preside,-
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(a) in the absence of the Chancellor and the Vice-Chancellor, at the meetings of the Senate, and
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(b) in the absence of the Vice-Chancellor at the meetings of any other authority of the University or a committee thereof.”.
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(5) In section 16, in sub-section (1), under the heading “Class I Ex-officio members”,—
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(a) in paragraph (A), for clause (iv), the following clause shall be substituted, namely:—
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“(iv) The Pro-Vice-Chancellor;";
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(b) in paragraph (B),—
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(i) for clause (ii), the following shall be substituted, namely :—
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“(ii) The Director of Higher Education or a an officer not below the rank of a Joint Director of Higher Education designated by such Director.”;
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(ii) for clauses (iii) and (iv), the following clauses shall be substituted, namely :—
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“(iii) The Director of Technical Education, or an officer not below the rank of a joint Director of Technical Education designated by such Director;
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(iv) The Director of Health and Medical Services and Medical Education or an officer not below the rank of a Joint director of Health and Medical Services and Medical Education designated by such Director.”.
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(6) In section 19, in sub-section (1),—
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(a) for clauses (ii) and (iii) the following clauses shall be substituted, namely:—
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“(ii) The Pro-Vice Chancellor;
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(iii) The Director of Higher Education and if he is unable to attend, the officer nominated under clause (ii) in paragraph (B) of Class I of Section 16;
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(iiia) The Director of Technical Education, and if he is unable to attend, the officer designated under clause (iii) of paragraph (B) of Class I of sub-section (1) of section 16;
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(iiib) The Director of Health and Medical Services and Medical Education and if he is unable to attend, the officer designated under clause (iv) of paragraph (B) of Class I of sub-section (1) of section 16.”;
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(b) after clause (viii), the following clause shall be inserted, namely:—
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“(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.”.
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(7) In section 20,—
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(a) in sub-section (1), in clause (xxiv), for the words “to appoint examiners, to fix their remuneration” the words “to fix remuneration of examiners” shall be substituted;
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(b) after sub-section (3), the following sub-section shall he inserted, namely :—
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“(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.”.
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(8) In section 21, in sub-section (1), for clause (ii), the following clause shall be substituted, namely:—
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“(ii) The Pro-Vice-Chancellor;”.
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(9) In Chapter IX, for the heading “Committees” the following shall be substituted, namely:-—
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“Committees.
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Examiners’ Committee.
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47A. (1) There shall be formed every year a committee for each faculty, for the purpose of drawing up the list for appointments to University Examiners, consisting of-
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(i) the Pro-Vice-Chancellor, Ex-officio Chairman,
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(ii) the Dean of the concerned Faculty,
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(iii) the Chairman of the Board of Studies, and
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(iv) two members of the Board of Studies nominated by the Vice-Chancellor for the year.
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(2) The list of Examiners prepared by the Committee shall be placed through the Academic Council before the Vice- Chancellors for his approval who may either approve or modify the same for reasons to be recorded in writing.
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(3) The procedure to be followed by the Committee shall be such as may be prescribed by Statutes.”.
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(10) In section 48, for the words “to appoint Committees” the words “to appoint other Committees” shall be substituted.
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5.
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The Saurashtra University Act, 1965 (Guj. 39 of 1965).
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(1) In section 8, for clause (iii), the following clause shall be substituted, namely:-
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“(iii) The Pro-Vice-Chancellor;”.
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(2) In section 10,—
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(a) in sub-section (5), for the words “shall be such as may be prescribed by the statutes” the words “shall be such as may be determined by the State Government” shall be substituted;
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(b) in sub-section (6), for the words “Pro-Vice-Chancellor, if any, and in the absence of the Pro-Vice-Chancellor” the words “Pro-Vice-Chancellor and in the absence of the Pro-Vice-Chancellor” shall be substituted.
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(3) In section 11,—
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(a) in sub-section (4), in clause (a), for the words “thereafter report his action” the words “thereafter furnish information regarding his action” shall be substituted;
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(b) after sub-section (5), the following sub-section shall be inserted, namely:—
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“(5A) (a) Subject to the provisions contained in sub-section (4) and notwithstanding anything contained in sub-section (5) where the Vice-Chancellor after making such inquiry as he deems fit is of opinion that the execution of any order or resolution of an authority-
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specified in or declared under section 15, or the doing of anything which is about to be done or is being done by or on behalf 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
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(iii) is likely to lead to breach of peace,
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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 modified in the manner stated by him, or the doing of the thing be refrained from.
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(b) Where the authority after reconsideration revises or modifies the order or the resolution in the manner stated by the Vice Chancellor, then notwithstanding anything contained in clause (e) such revised or modified order or resolution shall revive from the date of such revision or modification.
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(c) Where the authority revises or modifies 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
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(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 modification permanently or for such period as it may specify :
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Provided that the order or resolution shall not be revised or modified or continued by the State Government without giving the concerned authority a reasonable opportunity of showing the cause against the order.
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(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 under clause (d).”.
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(4) For section 12, the following section shall be substituted, namely :—
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Pro-Vice-Chancellor,
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12. (1) The Pro-Vice-Chancellor shall be appointed by the State Government from amongst three persons recommended by the Vice-Chancellor.
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(2) The Pro-Vice-Chancellor shall hold office for a term of three years and he shall be eligible for reappointment to that office for a further term of three years only:
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Provided that no person appointed as Pro-Vice-Chancellor shall continue to hold his office as such after he attains the age of 65 years.
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(3) The Pro-Vice-Chancellor shall be a whole-time salaried officer and his emoluments and conditions of service shall be such as shall be determined by the State Government:
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Provided that the emoluments and conditions of service of the holder of such office shall not during currency of the term of the holding of that office be varied to his disadvantage without his consent.
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(4) The Pro-Vice-Chancellor shall be the principal inspecting officer of the University and shall exercise such of the powers and perform such of the duties of the Vice-Chancellor as the Vice-Chancellor may either specially or generally confer or impose on him with the approval of the Syndicate,
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'
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(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 office exercise all the rights and powers and discharge all the functions and duties of the vice-Chancellor.
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(6) The Pro-Vice-Chancellor shall preside -
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(a) in the absence of the Chancellor and the Vice-Chancellor, at the meetings of the Senate, and
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(b) in the absence of the Vice-Chancellor at the meetings of any other authority of the University or a committee thereof.”.
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(5) In section 16, in sub-section (I), under the heading “Class-I Ex-officio members”,-
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(a) in paragraph (A), for clause (iv), the following clause shall be substituted, namely :—
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“(iv) The Pro-Vice-Chancellor;”;
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(b) in paragraph (B),-
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(i) for clauses (ii), (iii) and (iv), the following shall be substituted, namely :—
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“(ii) The Director of Higher Education or an officer not below the rank of a Joint Director of Higher Education designated by such Director ;
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(iii) The Director of Technical Education or an officer not below the rank of a Joint Director of Technical Education designated by such Director ;
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(iv) The Director of Health and Medical Services and Medical Education or an officer not below the rank of a Joint Director of Health and Medical Services and Medical Education designated by such Director,”.
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(6) in section 19, in sub-section (1),—
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(a) for clause (ii) and (iii), the following clauses shall be substituted, namely:-
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“(ii) The Pro-Vice-Chancellor;
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(iii) The Director of Higher Education and if he is unable to attend, the officer designated under clause (ii) in paragraph (B) of Class I of section 16.
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(iiia) The Director of Technical Education and if he is unable to attend, the officer designated under clause (iii) of paragraph (B) of Class I of sub-section (1) of section 16.
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(iiib) The Director of Health and Medical Services and Medical Education and if he is unable to attend, the officer designated under clause (iv) of paragraph (B) of Class I of sub-section (1) of section 16.”;
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(b) after clause (viii), the following clause shall be inserted, namely:—
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“(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”.
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(7) In section 20,—
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(a) in sub-section (1), in clause (xxiv), for the words “to appoint examiners, to fix their remuneration” the words “to fix remuneration of examiners” shall be substituted;
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(b) after sub-section (3), the following sub-section shall be inserted, namely:—
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“(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.”.
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(8) In section 21, in sub-section (I), for clause (ii), the following clause shall be substituted, namely:—
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“(ii) The Pro-Vice-Chancellor;”.
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(9) In Chapter IX for the heading “Committees” the following shall be substituted, namely :—
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“Committees.
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Examiners’ Committee.
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47A. (1) There shall be formed every year a committee for each faculty, for the purpose of drawing up the list for appointments to University Examiners, consisting of—
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|
(i) the Pro-Vice Chancellor, Ex-officio Chairman,
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(ii) the Dean of the concerned Faculty,
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(iii) the Chairman of the Board of Studies, and
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(iv) two members of the Board of Studies nominated by the Vice-Chancellor for the year.
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(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.
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(3) The procedure to be followed be the committee shall be such as may be prescribed by Statutes.”.
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(10) In section 48, for words “to appoint committees” the words “to appoint other Committees” shall be substituted.
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6.
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The Bhavnagar University Act, 1978 (Guj. 26 of 1978).
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(1) In section 8, after clause (ii), the following clause shall be inserted, namely:—
“(iia) The Pro-Vice-Chancellor;”.
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(2) In section 10,—
(a) in sub-section (5), for the words “shall be such as may be prescribed by the statutes the words “shall be such as may be determined by the State Government” shall be substituted;
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(b) in sub-section (6), for the words “one of the Deans, nominated by the Chancellor”, the words “Pro-Vice-Chancellor and in absence of the Pro-Vice-Chancellor one of the Deans nominated by the Chancellor” shall be substituted.
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(3) In section 11,—
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(a) in sub-section (4), in clause (a), for the words “report in writing the grounds for his belief that there was an emergency and the action taken by him” the words ‘‘furnish information regarding his action” shall be substituted;
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(b) after sub-section (6) the following sub-section shall be inserted, namely:—
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“(6 A) (a) Subject to the provisions contained in sub-section (4) and notwithstanding anything contained in sub-sections (5) and (6), where the Vice-Chancellor after making such inquiry as he deems fit is of opinion that the execution of any order or resolution of an authority specified in or declared under section 14, or the doing of anything which is about to be done or is being done by or on behalf of the University —
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(i) is in consistent with the provisions of this Act or of any statute, ordinance rule or regulation or
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(ii) is not in the interest of the University, or
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(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 or the 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 modified in the manner stated by him or the doing of the thing be refrained from.
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(b) Where the authority after reconsideration revises or modifies the order or the resolution in the manner stated by the Vice-Chancellor, then notwithstanding anything contained in clause (e) such revised or modified order or resolution shall revive from the date of such revision or modification.
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(c) Where the authority revises or modifies 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.
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(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 modification permanently or for such period as it may specify :
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Provided that the order or resolution shall not be revised or modified or continued by the State Government without giving the concerned authority a reasonable opportunity of showing the cause against the order.
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(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 under clause (d),”.
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(4) After section 11, the following section shall be inserted, namely :—
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Pro-Vice Chancellor.
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“11 A. (1) The Pro-Vice-Chancellor shall be appointed by the State Government from amongst three persons recommended by the Vice-Chancellor.
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(2) The Pro-Vice-Chancellor shall hold office for a term of three years and he shall be eligible for reappointment to that office for a further term of three years only:
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Provided that no person appointed as a Pro-Vice Chancellor shall continue to hold the office as such after he attains the age of 65 years.
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(3) The Pro-Vice Chancellor shall be a whole time salaried officer and his emoluments and conditions of service shall be such as shall be determined by the State Government :
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Provided that the emoluments and conditions of service of the holder of such office shall not during currency of the term of the holding of that office, be varied to his disadvantage without his consent,
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(4) The Pro-Vice-Chancellor shall be the principal inspecting officer of the University and shall exercise such of the powers and perform such of the duties of the Vice-Chancellor as the Vice-Chancellor may either specially or generally confer or impose on him with the approval of the Executive Council.
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(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 office exercise all the rights and powers and discharge all the functions and duties of the Vice-Chancellor.
|
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|
(6) The Pro-Vice-Chancellor shall preside-
|
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|
(a) in the absence of the Chancellor and the Vice Chancellor, at the meetings of the Senate, and
|
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|
(b) in the absence of the Vice-Chancellor at the meetings of any other authority of the University or a committee thereof.”.
|
|
|
(5) In section 15, in sub-section (1), under the heading "Class I Ex-officio members;”-
|
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|
(a) in paragraph (A), after clause (iii), the following clause shall be inserted, namely:—
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“(iiia) The Pro-Vice-Chancellor:”;
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(b) in paragraph (B)-—-
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(i) in clause (i), for the words “The Director of Educations occurring at two places, the words “The Director of Higher Education” shall be substituted;
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(ii) for clause (iii), the following clause shall be substituted, namely :—
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“(iii) The Director of Health and Medical Services and Medical
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Education or an officer not below the rank of a Joint Director of Health and Medical Services and Medical Education by such Director;”.
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(6) In section 18, in sub-section (1),— (a) in clause (ii), for the words “The Director of Education” the words “the Director of Higher Education” shall be substituted;
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(b) after clause (ii), the following clauses shall be inserted, namely—
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“(iia) The Director of Technical Education, and if he is unable to attend, the officer designated under clause (ii) of paragraph (B) of Class I of sub-section (1) of section 15.
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(iib) The Director of Health and Medical Services and Medical Education and if he is unable to attend, the officer designated under clause (iii) of paragraph (B) class I of sub-section (1) of section 15.”;
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(c) after clause (x), following clause shall be inserted, namely :—
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“(xa) 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 Court.”.
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|
(7) In section 19—
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(a) in sub-section (1), in clause (xxxi), for the words “to appoint examiners, to fix their remuneration” the words “to fix remuneration of examiners” shall be substituted;
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(b) after sub-section (3), the following sub-section shall be inserted, namely:-
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"(3A) The powers and duties under clauses (xxxviii) and (xxxix) of the Executive Council, in so far as they relate to the laying down and regulating salary scales and allowances of the officers, members of the teaching, other academic and non-teaching staff of the university. affiliated colleges and recognised or approved institutions are concerned, shall be subject to the approval of the State Government.”
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(8), For section 50, the following section shall be substituted, namely:—
|
|
Examiners’ Committee.
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“50. (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-
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|
|
(i) the Pro-Vice-Chancellor, Ex-officio Chairman,
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|
|
(ii) the Dean of the concerned Faculty,
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|
(iii) the Chairman of the Board of Studies, and
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(iv) two members of the Board of Studies, nominated by the Vice Chancellor for the year.
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(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.
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(3) The procedure to be followed by the committee shall be such as may be prescribed by statutes.”.
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