Bhavnagar University (Amendment) Act, 1991
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
Education197882 sections12 chapters
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
35. Affiliation
Statutory text
- (1) A college applying for affiliation to the University shall send a letter of application to the Registrar and shall satisfy the Executive Council and the Academic Council--
- (a) that the college will supply a need in the locality having regard to the type of education intended to be provided by the College, the existing provisions for the same type of education made by other colleges in the neighbourhood, and the suitability of the locality where the college is to be established;
- (b) that the college is to be under the management of a regularly constituted governing body;
- (c) that the strength and qualifications of the teaching staff and the conditions governing their tenure of office are such as to make due provision for the courses of instruction, teaching or training to be undertaken by the college;
- (d) that the buildings in which the college is to be located are suitable, and provision will be made in conformity with the Ordinances, for the residence in the college or in lodgings approved by the College, of students not residing with their parents or guardians and for the supervision and welfare of students;
- (e) that due provision has been made or will be made for a library;
- (f) that where affiliation is sought in any branch of experimental science, arrangements have been or will be made in conformity with the Statutes, Ordinances and Regulations for imparting instruction in that branch of science in a properly equipped laboratory or museum;
- (g) that due provision will, as far as circumstances may permit, be made for the residence of the Principal and some members of the teaching staff in or near the college or the place provided for the residence of the students;
- (h) that the financial resources of the college are such as to make due provision for its continued maintenance and efficient working; and
- (i) that the college rules fixing the fees, if any, to be paid by the students have not been so framed as to involve such competition with any existing college in the same neighbourhood as would be injurious to the interests of education;
- (j) that for recruitment of the Principal and members of the teaching staff of the college there is a selection committee of the college which shall include--
- (1) in the case of recruitment of the Principal, a representative of the University nominated by the Vice-Chancellor, and
- (2) in the case of recruitment of a member of the teaching staff of the college, a representative of the University nominated by the Vice-Chancellor and the Head of the Department, if any, concerned with the subject to be taught by such member;
- (k) that the college shall comply with the Statutes, Ordinances and Regulations providing for conditions of service including salary scales and allowances, of the teaching and other academic and non-academic staff of an affiliated college;
- (l) such other conditions as may be specified in the Statutes in accordance with the provisions of this Act: Provided that nothing in clause
- (j) shall apply to a Government college, a college maintained by Government or a college established and administered by minority whether based on religion or language.
- (2) The application shall contain an assurance that after the college is affiliated, any transference of management and all changes in the teaching staff and all other changes which result in any of the aforesaid requirements not being fulfilled or continued to be fulfilled shall be forthwith reported to the Executive Council.
- (3) On receipt of a letter of application under sub-section
- (1) the Executive Council shall--
- (a) direct a local inquiry to be made by a competent person or persons authorised by the Executive Council in this behalf in respect of the matters referred to in sub-section
- (1) and such other matters as may be deemed necessary and relevant;
- (b) make such further inquiry as may appear to it to be necessary;
- (c) give due consideration to the request, if any, made by the applicant for reconsideration of any of the conditions conveyed to him;
- (d) record its opinion after consulting the Academic Council on the question whether the application should be granted or refused either in whole or in part, stating the result of any inquiry under clauses
- (a) and
- (b) of sub-section (1): Provided that where the views of the Academic Council with regard to the affiliation of a college are not acceptable to the Executive Council, the Executive Council shall refer the matter again to the Academic Council, with or without its comments, and the Academic Council shall communicate again to the Executive Council its views with regard to the affiliation of the College.
- (4) The Registrar shall submit the application and all proceedings, if any, of the Academic Council and the Executive Council relating thereto to the State Government which shall after such inquiry as may appear to it to be necessary, grant or refuse the application or any part thereof.
- (5) Where the application or any part thereof is granted, the order of the State Government shall specify the courses of instruction in respect of which the college is affiliated and where the application or any part thereof is refused, the grounds of such refusal shall be recorded.
- (6) As soon as possible after the State Government makes its order, the Registrar shall submit to the Executive Council and the Academic Council a full report regarding the application, the action taken thereon under sub-sections
- (3) to
- (5) and of all proceedings connected therewith.
- (7) An application under sub-section
- (1) may be withdrawn at any time before an order is made under sub-section (4).
- (8) Every college, not being a college established and administered by a minority whether based on religion or language, which immediately before the commencement of this Act was affiliated to the Saurashtra University and is on such commencement affiliated to the University, shall as and when occasion first arises after such commencement for recruitment of the Principal and the teachers of the college, constitute or reconstitute its selection committee in conformity with the requirement mentioned in clause
- (j) of sub-section
- (1) as if the said college had been affiliated subject to the condition mentioned in the said clause (j).
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
36. Extension of affiliation
Statutory text
Where a college desires to add to the courses of instruction in respect of which it is affiliated, the procedure prescribed by section 35 shall, so far as may be, be followed.
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
37. Recognition of institutions of research and specialised studies
Statutory text
- (1) The Executive Council shall have the power after consultation with the Academic Council, to recognise as a recognised institution any institution of research or specialised studies other than a college.
- (2) An institution which desires to have such recognition shall send a letter of application to the Registrar and shall give full information in the letter of application in respect of the following matters, namely :--
- (a) constitution and personnel of the managing body ;
- (b) subjects and courses in regard to which recognition is sought;
- (c) accommodation, equipment, library facilities and the number of students for whom provision has been or is proposed to be made;
- (d) the strength of the staff, their qualifications and salaries and the research work done by them ;
- (e) fees levied or proposed to be levied and the financial provision made for capital expenditure on buildings and equipment and for the continued maintenance and efficient working of the institution.
- (3) Before taking the application into consideration the Executive Council may call for any further information which it may deem necessary.
- (4) If the Executive Council decides to take the application into consideration, it may direct a local inquiry to be made by a competent person or persons authorised by it in this behalf. After considering the report made as a result of such local inquiry and making such further inquiry as may appear to it to be necessary, the Executive Council shall, after obtaining the opinion of the Academic Council, grant or refuse the application or any part thereof. Where the application or any part thereof is granted, the Executive Council shall specify the subjects and courses of instructions in respect of which the institution is recognised and make a report to that effect to the Academic Council at its next succeeding meeting.
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
38. Where the application or any part thereof is refused, the grounds of such refusal shall be stated.
Statutory text
Approval of Institution
- (1) The Executive Council shall have the power after consultation with the Academic Council, to approve an institution as an approved institution for specialised studies, laboratory work, internship, research or other academic work approved by the Academic Council under the guidance of a single qualified teacher.
- (2) An institution which desires to have such approval shall send a letter of application to the Registrar and shall give full information in the letter of application in respect of the following matters, namely :--
- (a) the name, qualifications, experience and research work of the teacher under whom approved work is to be done ;
- (b) the nature of work or the subjects for which work is proposed to be done ;
- (c) accommodation, equipment, library facilities and the number of students for whom provision has been made or is proposed to be made ;
- (d) fees levied or proposed to be levied and the financial provision made for capital expenditure on buildings and equipment and for the continued maintenance and efficient working of the institution.
- (3) Before taking the application into consideration the Executive Council may call for any further information which it may deem necessary.
- (4) If the Executive Council decides to take the application into consideration, it may direct a local inquiry to be made by a competent person or persons authorised by it in this behalf. After considering the report made as a result of such local inquiry and making such further inquiry as may appear to it to be necessary, the Executive Council shall after obtaining the opinion of the Academic Council, grant or refuse the application or any part thereof. Where the application or any part thereof is granted, the Executive Council shall specify the subjects and courses of instruction in respect of which the institution is approved and make a report to that effect to the Academic Council at its next succeeding meeting.
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
39. Where the application or any part thereof is refused, the grounds of such refusal shall be stated.
Statutory text
Inspection of colleges and report
- (1) Every affiliated college, recognised institution and approved institution shall furnish such reports, returns and other information as the Executive Council after consulting the Academic Council, may require to enable it to judge the efficiency of the college or institution.
- (2) The Executive Council shall cause every such college or institution to be inspected from time to time by one or more competent persons authorised by the Executive Council.
- (3) The Executive Council may call upon any college or institution so inspected to take, within a specified period, such action as may appear to it to be necessary in respect of any of the matters referred to in sub-section
- (1) of section 35, sub-section
- (2) of section 37, or, as the case be, sub-section
- (2) of section 38.
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
40. Withdrawal of affiliation
Statutory text
- (1) The rights conferred on a college by affiliation may be withdrawn in whole or in part or modified if the college has failed to carry out any of the provisions of sub-section
- (1) of section 35 or the college has failed to observe any of the conditions of its affiliation or the college is conducted in a manner which is prejudicial to the interests of education.
- (2) A motion for the withdrawal or the modification of such rights shall be initiated only in the Executive Council. The member of the Executive Council who intends to move such a motion shall give notice of it and shall state in writing the grounds on which it is made.
- (3) Before taking the said motion into consideration the Executive Council shall send a copy of the notice and written statement mentioned in sub-Section
- (2) to the principal of the college concerned together with an intimation that any representation in writing submitted within a period specified in such intimation on behalf of the college will be considered by the Executive Council: Provided that the period so specified may, if necessary, be extended by the Executive Council.
- (4) On receipt of the representation or on the expiry of the period referred to in sub-section (3), the Executive Council, after considering the notice of motion, statement and representation, and after such inspection by any competent person or persons authorised by the Executive Council in this behalf, and such further inquiry as may appear to it to be necessary and after consulting the Academic Council, shall record its opinion in the matter: Provided that where the views of the Academic Council with regard to the withdrawal or modification of the rights conferred by affiliation are not acceptable to the Executive Council, the Executive Council shall, before passing such resolution, refer the matter again to the Academic Council, with or without its comments and the Academic Council shall communicate again to the Executive Council its views in the matter.
- (5) The Registrar shall submit the proposal and all proceedings, if any, of the Academic Council and the Executive Council relating thereto, to the State Government which, after such further inquiry, if any, as may appear to it to be necessary, shall make such order as it deems fit, and communicate the same to the Executive Council.
- (6) Where by an order made under sub-section
- (5) the rights conferred on any college by affiliation are withdrawn in whole or in part or modified the grounds for such withdrawal or modification shall be stated in the order.
- (7) The Executive Council may, on recommendation of the Academic Council, recommend to the State Government withholding or reduction of a grant to an affiliated college which, on a report by an inspection committee or otherwise, is found making persistent default in carrying out the conditions of affiliation.
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
41. Withdrawal of recognition
Statutory text
- (1) The rights conferred on an institution by recognition may be withdrawn or suspended for any period if the institution has failed to observe any of the conditions of its recognition or the institution is conducted in a manner which is prejudicial to the interest of education.
- (2) A motion for such withdrawal or suspension shall be initiated only in the Executive Council. The member of the Executive Council who intends to move such a motion shall give notice of it and shall state in writing the grounds on which it is made.
- (3) Before taking the said motion into consideration, the Executive Council shall send a copy of the notice and written statement mentioned in sub-section
- (2) to the head of the institution concerned, together with an intimation that any representation in writing submitted within a period specified in the intimation on behalf of the institution will be considered by the Executive Council: Provided that the period so specified may, if necessary, be extended by the Exectutive Council.
- (4) On receipt of the representation or on the expiry of the period referred to in sub-section (3), the Executive Council, after considering the notice of motion, statement and representation and after such inspection by any competent person or persons authorised by the Executive Council in this behalf, and after such further inquiry as may appear to it to be necessary and after consulting the Academic Council, shall decide whether the recognition, should or should not be withdrawn or suspended, and pass a resolution accordingly.
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
42. Withdrawal of approval
Statutory text
- (1) The rights conferred on an institution by approval may be withdrawn or suspended for any period by the Executive Council if the institution has failed to observe any condition of its approval or the work assigned to it is conducted in a manner which is prejudicial to the interest of education, or the teacher recognised by the University leaves the institution.
- (2) Before making an order under sub-section
- (1) in respect of any approved institution, the Executive Council shall, by notice in writing, call upon the institution to show cause within one month from the date of the receipt of the notice, why such an order should not be made. The period so given for showing the cause may, if necessary, be extended by the Executive Council.
- (3) On receipt of the explanation, if any, made by the institution in reply to the notice, and where no such reply is received, on the expiry of the period referred to in sub-section (2), the Executive Council shall, after consulting the Academic Council and after such inquiry, if any, as may appear to it to be necessary, decide whether the approval should or should not be withdrawn or as the case may be, suspended and make an order accordingly.
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