GUJARAT UNIVERSITIES LAWS (AMENDMENT) ACT, 1983
GUJARAT ACT NO. 9 OF 1983.
(First published after having received the assent of the Governor in the "Gujarat Government Gazette" on the 31st March, 1983)
An Act further to amend Acts relating to certain Universities in the State.
It is hereby enacted in the Thirty-fourth Year of the Republic of India as follows:—
Short title and commencement.
1. (1) This Act may be called the Gujarat Universities Laws (Amendment) Act, 1983.
(2) It shall be deemed to have come into force on the 25th January, 1983,
Amendment of Acts relating to certain university in the state.
2. Each of the Acts specified in the second column of the Schedule shall be amended in the manner and to the extent specified against it in the third column thereof.
Transitory provision.
3. Where before the commencement of this Act, any reference is made by the Vice-Chancellor to the Chancellor under the relevant provision and such reference is pending before the Chancellor at the commencement of this Act the same shall be disposed of by the Chancellor as if this Act had not been passed.
Explanation.—For the purposes of this section relevant provision means the provision relating to disputes as to constitution of university authority or body in any of the Acts specified in the second column of the Schedule.
Repeal and saving.
Guj. Ord. 3 of 1983.
4. (1) The Gujarat Universities Laws (Amendment) Ordinance, 1983 is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the Acts specified in the second column of the Schedule as amended by the said Ordinance, shall be deemed to have been done or taken under the said Acts as amended by this Act.
SCHEDULE
Sr.
No.
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Short title
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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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“Disputes as to constitution of University authority or body.
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For section 60, the following shall be substituted, namely:—
60. Where any question arises as to—
(1) the interpretation of any provision of this Act, or of any Statute, Ordinance 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 a matter specified in clause (1), and
(b) it shall be referred to the State Government if it relates to a matter specified in clause (2), and
the State Government shall after making such inquiry as it deems fit (including giving an opportunity of being heard where necessary) decide the question and its decision shall be final.”.
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2.
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The Gujarat University Act, 1949 (Bom. L of 1949).
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For section 58, the following shall be substituted, namely:—
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“Disputes as to constitution of University authority or body.
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58. Where any question arises as to—
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(1) the interpretation of any provision of this Act, or of any Statute, Ordinance, Regulation or Rules, 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,
(а) it may be referred to the State Government if it relates to a matter specified in clause (I), and
(b) it shall be referred to the State Government if—
(i) it relates to a matter specified in clause (2), or
(ii) if twenty members of the Court so require, irrespective of whether it relates to a matter specified in clause (1) or clause (2), and
the State Government shall after making such inquiry as it deems fit (including giving opportunity of being heard where necessary) decide the question and its decision shall be final.”.
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3.
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The Sardar Patel University Act, 1955 (Bom. XL of 1955).
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For section 59, the following shall be substituted, namely:—
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“Disputes as to constitution of University authority or body.
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59. Where any question arises as to—
(1) the interpretation of any provision of this Act, or of any Statute, Ordinance or Rule, or
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(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 a matter specified in clause (1), and
(b) it shall be referred to the State Government if—
(i) it relates to a matter specified in clause (2), or
(ii) if ten Fellows so require, irrespective of whether it relates to a matter specified in clause (1) or clause (2), and
the State Government shall after making such inquiry as it deems fit (including giving an opportunity of being heard where necessary) decide the question and its decision shall be final.”.
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4.
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The South Gujarat University Act, 1965 (Guj. 38 of 1965).
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“Disputes as to constitution of University authority or body.
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For section 59, the following shall be substituted, namely:-
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.
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(а) it may be referred to the State Government if it relates to a matter specified in clause (1), and
(b) it shall be referred to the State Government if—
(i) it relates to a matter specified in clause (2), or
(ii) if twenty members of the Senate so require irrespective of whether it relates to a matter specified in clause (1) or clause (2), and
the State Government shall after making such inquiry as it deems fit (including giving an opportunity of being heard where necessary) decide the question and its decision shall be final.’’.
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5.
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The Saurashtra University Act, 1965 (Guj. 39 of 1965).
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For section 59, the following shall be substituted, namely:—
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“Disputes as to constitution of University authority or body.
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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,
(а) it may be referred to the State Government if it relates to a matter specified in clause (1), and
(b) it shall be referred to the State Government if—
(i) it relates to a matter specified in clause(2), or
(ii) if twenty members of the Senate so require, irrespective of whether it relates to a matter specified in clause (1) or clause (2), and
the State Government shall after making such inquiry as it deems fit (including giving an opportunity of being heard where necessary) decide the question and its decision shall be final.”.
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6.
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The Bhavnagar University Act, 1978 (Guj. 26 of 1978).
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For section 67, the following shall be substituted, namely:—
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“Disputes as to constitution of University authority or body.
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67. 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,
(а) it may be referred to the State Government if it relates to a matter specified in clause (1), and
(b) it shall be referred to the State Government if—
(i) it relates to a matter specified in clause (2), or
(ii) if twenty members of the Court so require, irrespective of whether it relates to a matter specified in clause (1) or clause (2), and
the State Government shall after making such inquiry as it deems fit (including giving an opportunity of being heard where necessary) decide the question and its decision shall be final.”.
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