Chapter XI SUPPLEMENTARY PROVISIONS

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

Officers and employees to be public servants 57. Every officer 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 specified period, or for a specified work of the University, or who receives any remuneration by way of compensatory allowance or fee for any work done from the University Fund shall be deemed to be an officer 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.

58. [Deleted.] [58. Tribunal of Arbitration.] Deleted by Guj. 1 of 1988, s. 18, Sch., Sr. No. 5.

59. The University shall make such provision for the benefit of its officers, teachers and other servants in such matters as insurance, pension, provident fund or other benefits as it may deem fit, in such manner and subject to such conditions as may be prescribed by the Statutes.

[59A.

1. (1) Where the University has constituted a provident fund for the benefit of its officers, teachers and other employees under section 59, 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. (2) Nothing in this section shall apply to a provident fund established by the University to which the Employees' Provident Funds Act, 1952 applies.]

60.

1. (1) It shall be the duty of every officer, teacher and other employee of the University to ensure that the interests of the University are duly safegurded.
2. (2) If it is found that any damage or loss has been caused to the University by any unlawful act not done in good faith, on the part of any such officer, teacher or other employee, or by any wilful failure to act in conformity with the provisions of this Act, the Statutes, Ordinances, Regulations or Rules, or by any wilful neglect or default on his part, such damage or loss shall be liable to be recovered from him in accordance with the procedure prescribed by the Statutes.

61. Without prejudice to the provisions of section 60 or any other provisions of this Act, the Chancellor may, by order in writing, annul, suspend or modify any resolution, order or proceeding of any officer or authority of the University which in his opinion, is not in conformity with this Act, or the Statutes, Ordinances, Regulations or Rules: Provided that before making any such order, the Chancellor shall call on the officer or authority to show cause why such an order should not be made, and if any cause is shown within the time fixed by the Chancellor, he shall consider the same and decide, and his decision shall be final.

62. Every election to any authority of the Unversity made under this Act shall be made according to the system of proportional representation by menas of a single transferable vote by ballot in such manner as may be prescribed by the Statutes.

63.

1. (1) The Vice-Chancellor may by writing under his hand addressed to '[the State Government] resign his office.
2. (2) 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 form the date of the receipt of the letter by the Vice-Chancellor, whichever event occurs earlier.
3. (3) 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 Vice-Chancellor in the case of a member of the Court, and in the opinion of the Court in the case of a member of any other authority or body, involves moral turpitude.

64. 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 election, nomination, appointment or co-optation, as the case may be, of a member who shall hold office 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 occurred:

Delegation of powers 65. Subject to the provisions of this Act, and the Statutes, any officer or authority of the Univertiy may, by order, delegate his or its powers, except the power to make Statutes, Ordinances, Regulations and Rules, to any other officer or authority under his or its control, and subject to the condition that the ultimate responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating them.

66. No act or proceeding of any authority or other body of the University shall, at any time, be deemed to be invalid on the ground only that it is not duly constituted, or that there is a defect in its constitution or reconstitution, or that there is a vacancy in the membership thereof; and the validity of any such act or proceeding shall not be questioned in any court or before any authority or officer merely on any such ground.

1[67. Where any question arises as to --

1. (1) the interpretation of any provision of this Act, or of any Statue, Ordinance, Regulation or Rule, or
2. (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
3. (1) or clause (2), 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
4. (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.]

68. 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 for anything purporting to be done in pursuance of this Act and the Statutes, Ordinances, Regulations and Rules framed thereunder.

1[68A.

1. (1) As from the commencement of the Bhavnagar 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 Bhavnagar University Act, 1978" shall be construed as if it were a reference to "the Maharaja Krishnakumarsinhji Bhavnagar University Act, 1978", and
   • (ii) to the expression "The Bhavnagar University" shall be construed as if it were a reference to "Maharaja Krishnakumarsinhji Bhavnagar University".
2. (2) Any act done by, or any suit or other proceeding filed by or against the Bhavnagar University before the commencement of the said Act shall be deemed to have been done or, as the case may be, filed by or against Maharaja Krishnakumarsinhji Bhavnagar 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 specified 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 commencement of the said Act and includes any statute, ordinance, rule, bye-law, regulation, order, notification, scheme, form or other instrument having the force of law made, prescribed or issued under any such enactment.]