The Bhakta Kavi Narsinh Mehta University Act, 2015
Chapter XI SUPPLEMENTARY PROVISIONS
Chapter XI SUPPLEMENTARY PROVISIONS
55. Appointment of teachers and other employees
- (1) Subject to the provisions of this Act, the teachers, officers, and other employees of the University shall be appointed in such manner and with such designations and grades as may be prescribed in the relevant Statutes, Ordinances and Regulations.
- (2) The teachers, officers, and other employees of the University appointed under this Act shall be entitled to such salary and allowances, and shall be governed by such conditions of service and code of conduct as may be prescribed in the relevant Statutes, Ordinances and Regulations.
- (3) No person shall be appointed as a teacher of the University, affiliated college or, as the case may be, recognised institution, unless he fulfills the prescribed qualifications and only after following due selection procedure laid down for such post by the University Grants Commission, the State Government, the University or other statutory regulatory bodies, as specified in the relevant Statutes, Ordinances and Regulations.
- (4) Till the first Statutes, Ordinances, Regulations and Rules under section 69 are framed, relevant Government rules, norms as underlined by the different executive orders of the State Government as in force including the Gujarat Civil Services (Conduct) Rules. 1971 and the Gujarat Civil Services lDiscipline and Appeal) Rules, 1971 shall be applicable for managing the affairs of the University.
Chapter XI SUPPLEMENTARY PROVISIONS
56. Officers and employees to be public servant
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 an 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.
Chapter XI SUPPLEMENTARY PROVISIONS
57. Pension, insurance, provident fund of staff of University, etc
- (1) The University shall make provisions for the benefit of its officers, teachers and other employees in such matters as insurance, pension, and 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.
- (2) The governing body of any affiliated college and of a recognised institution shall make adequate provisions for the benefit of the members of the teaching and of other academic and non-teaching staff of such college or institution in matters of pension, insurance and provident fund or for other benefits as may be prescribed by the Statutes.
Chapter XI SUPPLEMENTARY PROVISIONS
58. Provident fund to be deposited in Government Treasury
- (1) Where the University has established a provident fund for the benefit of its officers, teachers and other employees under section 57, such fund shall, notwithstanding anything contained in any law for the time being in force, be deposited in the 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 employee 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 the Government employees shall, so far as may be, apply to the subscriber.
- (2) Nothing in this section shall apply to a provident fund established by the University to which the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, applies.
Chapter XI SUPPLEMENTARY PROVISIONS
59. Vacating of office
- (1) Any member of any authority or body of the University may resign from his office by a 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) Any member of any authority or body or the University shall cease to be a member on being convicted by a court or law or an offence, which in the opinion of the Executive Council, involves moral turpitude.
Chapter XI SUPPLEMENTARY PROVISIONS
60. Filling of casual vacancies
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.
Chapter XI SUPPLEMENTARY PROVISIONS
61. Liability for damage
- (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 safeguarded.
- (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 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.
Chapter XI SUPPLEMENTARY PROVISIONS
62. Proceedings not invalidated by vacancies
No act or proceedings of any authority or other body of the University shall be invalidated merely by reason of any vacancy in its membership.
Chapter XI SUPPLEMENTARY PROVISIONS
63. Disputes as to constitution of University authority or body
Where any question arises as to,-
- (i) the interpretation of any provision of this Act, or Statute, Ordinance, Regulation or Rule, or
- (ii) whether a person has been appointed as, or is entitled to be or ceases 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 (i); and
- (b) it shall be referred to the State Government if,-
- (i) it relates to a matter specified in clause (ii); or
- (ii) if twenty members of the Board so require irrespective of whether it relates to a matter specified in clause
- (i) or clause (ii), 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.
Chapter XI SUPPLEMENTARY PROVISIONS
64. Protection of acts and orders
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.
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