Chapter VIII SUPPLEMENTARY PROVISIONS

Save as otherwise provided by or under this Act, every salaried officer and teacher of the University shall be appointed under a written contract.

Residence of students Every student of the University shall reside in a hostel or other accommodation maintained, recognised or approved by the University or under such conditions as may be prescribed.

Any dispute arising out of a contract between the University and any officer or teacher of the University shall, on the request of the officer or teacher concerned, be referred to a Tribunal of Arbitration consisting of one member appointed by the Board, one member nominated by the officer or teacher concerned and an umpire appointed by the Chancellor. The decision of the Tribunal shall be final and no suit shall lie in any Civil Court in respect of the matter decided by the Tribunal. Every such request shall be deemed to be submission to arbitration upon the terms of this section within the meaning of the Indian Arbitration Act, 1940 and the provisions of that Act shall apply accordingly.

1. (1) Any member of any authority or body of the University may resign his office 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 the receipt of the letter by the Vice-Chancellor whichever event occurs earlier.
2. (2) The Board may remove any person from membership of any authority or body of the University on the ground that such member has been convicted by a court of law of an offence, which in the opinion of the Board, involves moral turpitude: Provided that no order for removal shall be passed against any person without giving him an opportunity of being heard.
3. (3) Subject to the provisions of sub-section (2), a person who is a member of any authority of the University as a representative of another body, whether of the University or not, shall retain his seat on the University authority or body so long as he continues to be a member of the body by which he was appointed and thereafter till his successor is duly appointed.

46. When any vacancy occurs in the office of a member (other than an ex-officio member) of any authority or other body of the University before the expiry of the term of office of such member, the vacancy shall be filled up, as soon as conveniently may be, by the nomination, appointment or co-option, as the case may be, of a member who shall hold office so long only as the member in whose place he has been nominated, appointed or co-opted, would have held it, if the vacancy had not occurred.

47. 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 or by reason of some person having taken part in the proceedings who is subsequently found not to have been entitled to do so.

48. If any question arises regarding the interpretation of any provision of this Act, or of any Statute or regulation or rule or as to whether a person has been duly appointed as, or is entitled to be a member of any authority or other body of the University, or whether any decision of the University is in accordance with this Act or the Statutes, the question may, on petition by any person or body directly affected or suo motu be referred by the Vice-Chancellor, to the Chancellor and shall be so referred to the Chancellor if at least ten members of the Board so require.

Protection of acts and orders 49. All acts and orders in good faith done and passed by the University or any of its authorities, bodies or officers shall be final and no suit shall be instituted against or damage claimed from the University or its authorities, bodies or officers or other employees for anything done or purported to be done in pursuance of this Act and the Statutes and regulations framed thereunder.

50. The annual report of the University shall be prepared under the direction of the Vice-Chancellor and shall be submitted to the Board at least one month before the annual meeting at which it is to be considered. The Board shall, after considering the report, forward it to the State Government with such comments as may be deemed necessary and the State Government shall cause the report together with its comments to be laid before the State Legislature.

51.

1. (1) Notwithstanding anything contained in any other Act relating to the establishment of a University in the State or in the Statutes, Ordinances, regulations, rules and orders made thereunder, the colleges specified in the Schedule appended to this Act shall as from such date as the State Government may by notification in the Official Gazette, specify, (hereinafter in this section referred to as "the specified date"), be disaffiliated from the Universities to which they may have been affiliated on the day immediately preceding such date and shall be transferred to and be maintained by the University as its constituent colleges.
2. (2) The control and management of the colleges specified in sub-section
3. (1) shall as from the specified date stand transferred to the University and all properties and assets and liabilities of the State Government in relation thereto shall stand transferred to, and vest in, or devolve upon, the University.
4. (3) Where before the specified date, the State Government has made any contract in relation to any of the said colleges, that contract shall be deemed to have been made by the University, and any reference therein to the State Government shall be construed as a reference to the University.
5. (4) Notwithstanding anything contained in this Act or the Statutes and regulations made thereunder, any student of a college specified in sub-section
6. (1) who immediately before the specified date, was studying in any such college or was eligible for any examination of the University to which his college was affiliated before the date as aforesaid (hereinafter referred to as the concerned University) shall be permitted to complete his course in preparation therefor, and the University shall make arrangements for the instruction, teaching, training and holding for such students examinations for such period and in such manner as may be prescribed in accordance with the curricula of studies of the concerned University.
7. (5) The control and management of all research and educational institutions of the Department of Agriculture, the Department of Animal Husbandry, the Fisheries Department and of such other Departments of the State Government as the State Government may, by notification in the Official Gazette, specify in this behalf shall, from such date as the State Government may by order specify, be transferred to the University; and thereupon all properties and assets and liabilities of the State Government in relation to such institutions shall stand transferred to, vest in, or devolve upon, the University.
8. (6) Notwithstanding anything contained in sub-sections (1),
9. (2) and (5), the Agricultural College, Junagadh, and all research and educational institutions in Junagadh District which were under the control and management of any of the Departments referred to in sub-section
10. (5) immediately before the date specified under sub-section (1), or as the case may be, sub-section (5), shall not, save with the previous sanction of the State Government, be discontinued by the University nor shall the educational, research or extension activities conducted in or by the said College or institutions immediately before the said date be stopped or reduced in scope or extent or transferred outside the said district, save with the like sanction.
11. (7) Notwithstanding anything contained in any other Act relating to the establishment of any University in the State, no such University shall as from the specified date be competent to award any degrees, diplomas, certificates or other acadamic distinctions in agriculture and the Faculties of Agriculture, Dairy Service and Veterinary Science thereof by whatever name called shall cease to function.

52.

1. (1) Notwithstanding anything contained in section 51, such of the existing staff serving in any of the colleges or institutions transferred or liable to be transferred to the University under section 51, or such other staff connected therewith, as the State Government may, from time to time, having regard to the necessity thereof, direct, shall be taken over and employed by the University, and every person so taken over and employed shall be subject to the provisions of this Act and the Statutes and regulations made thereunder : Provided that,
   • (a) during the period of such employment all matters relating to the pay, leave, retirement, allowances, pension, provident fund and other conditions of service of the members of such staff shall be regulated by the Bombay Civil Services Rules, 1959 or such other rules as may, from time to time, be made by the State Government,
   • (b) any such member shall have a right of appeal to the State Government against any order of reduction, dismissal or removal from service or any other punishment.
2. (2) Subject to the provisions of sub-sections
3. (3) and (4), all permanent servants of the said staff taken over and employed by the University under sub-section
4. (1) shall have a lien on their posts in the service of the State Government, and the period of their service under the University shall if they choose to revert to the service of the State Government, be counted for their increments, pension and other matters relating to their service.
5. (3) Notwithstanding anything contained in sub-section (1), every officer or servant of the State Government taken over by the University shall, within a period of two years, from the date he is so taken over (or such further time, if any, as the State Government may decide), give notice in writings to the State Government,
   • (a) that he should be permitted to retire and thereupon he shall be permitted to retire from Government service and shall be entitled to such terminal benefits as compension, pension or gratuity, or the like, as may be prescribed by the State Government, or
   • (b) that he should be permanently absorbed in the service of the University and thereupon the University shall absorb him permanently in its service and any service rendered by him under the State Government shall be deemed to be service under the University, and he shall be entitled to receive from the University such terms and conditions of service as respects remuneration, leave and pension, and such rights as respects disciplinary matters or rights similar thereto as changed circumstances may permit as are not less favourable than those to which that person was entitled to immediately before he was taken over by the University, or
   • (c) that he should be permitted to revert to Government service and thereupon he shall be permitted to revert to the service on the same terms and conditions of service applicable to him immediately before he was taken over by the University.
6. (4) If any officer or servant of the State Government fails to give notice under sub-section
7. (3) within the time referred to therein, he shall be deemed to have opted to be permanently absorbed in the service of the University under clause
   • (b) of sub-section (3).
8. (5) Notwithstanding anything contained in this section, in the case of any officer or servant of the State Government taken over by the University, if in the opinion of the University such officer or servant is not suitable or is surplus to its requirements, the University may move the State Government, within a period of two years from the date he was so taken over to repatriate the said officer or servant to the service of Government. Upon such request by the University the State Government shall take back the said officer or servant in its service.