Bhavnagar University (Amendment) Act, 1991
Chapter XI SUPPLEMENTARY PROVISIONS
Chapter XI SUPPLEMENTARY PROVISIONS
56. Conditions of service
Save as otherwise provided by or under this Act, every salaried officer and teacher of the University shall be appointed under a written contract.
Chapter XI SUPPLEMENTARY PROVISIONS
57. The contract shall be lodged with the Registrar of the University and a copy thereof shall be furnished to the officer or teacher concerned.
Officers and employees to be public servants 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.
Chapter XI SUPPLEMENTARY PROVISIONS
58. Tribunal of Arbitration
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 Executive Council, 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.
Chapter XI SUPPLEMENTARY PROVISIONS
59. Pension, Insurance and Provident Fund
The University shall make such provisions 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.
Chapter XI SUPPLEMENTARY PROVISIONS
60. Officers responsible 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 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.
Chapter XI SUPPLEMENTARY PROVISIONS
61. Power to annul, suspend, etc. proceeding of officers and authorities
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.
Chapter XI SUPPLEMENTARY PROVISIONS
62. Election to be by system of proportional representation
Every election to any authority of the University made under this Act shall be made according to the system of proportional representation by means of a single transferable vote by ballot in such manner as may be prescribed by the Statutes.
Chapter XI SUPPLEMENTARY PROVISIONS
63. Vacating of office
- (1) The Vice-Chancellor may by writing under his hand addressed to the Chancellor resign his office.
- (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 from the date of the receipt of the letter by the Vice-Chancellor, whichever event occurs earlier.
- (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.
Chapter XI SUPPLEMENTARY PROVISIONS
64. 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 election, 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 elected, nominated, appointed or co-opted would have held it, if the vacancy had not occurred:
Chapter XI SUPPLEMENTARY PROVISIONS
65. Provided that, if the vacancy be of an elected member of the Court and occurs within six months preceding the date on which the term of office of such member expires, the vacancy shall not be filled.
Delegation of powers Subject to the provisions of this Act and the Statutes, any officer or authority of the University 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.
Chapter XI SUPPLEMENTARY PROVISIONS
66. Acts and proceedings not invalidated merely on the ground of defect in constitution, vacancy, etc
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 reconstruction, 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.
Chapter XI SUPPLEMENTARY PROVISIONS
67. Disputes as to constitutions of the University authority or body
If any question arises regarding the interpretation of any provision of this Act, or of any Statute, Ordinance, Regulation or Rule, or as to whether a person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University the matter may, on a 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 twenty members of the Court so require.
Chapter XI SUPPLEMENTARY PROVISIONS
68. The Chancellor shall, after taking such advice as he deems necessary, decide the question and his decision shall be final.
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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