The Gujarat University Laws (Amendment) Act, 1980

Short title Extent of amendment No. \,I, The maraja Sayajirao After section, 64A, the following uew Wnivorsity of Bnrods Act, 1949 section B~RU bo inserted, namo1y:- -(Baroda Aot I7 of 1949). % Offimra and employees to "64ilA. Every officer and employoo oi 'be publio servants. tho University shall bo deemed to bo a public servau t within the meaning of section 21 of the Indian Penal Code. Explanation.-For tho purposes of thia aeotion any porson who is appointed by the University for a specified period or for a epeoified work of tho University, or who rclceives my remuneration-by may of cornpen- =tory allowance or fee for any work done from. the Universjty Fund shall be deemed 'tdbe an ~fficer-or~ern~loyeo of the Univorsitg while he ia parforming, and in relation to all Wt~y rqlatab1e to the perfomce of, .the duties and functions conneoted with ~uoh appointment or work,". . . '2. ' The Gujrrrat Univqqi,ty Act, Aftor section 61A, the following new section ,1949 (Born. 60 of 1949Z sbaU .. be . inserted, namolyt O5wm and omploy?.y to "514. ETO~J! o$cer qd op~1ployy'of t$? be- publio so~+&ts. U 'verait'y sbd:"be ' @0rit$d % be 4 pu t lio &vant within the 'meaning of se&ion 21 qf.tg? WJ~P p%al %d?* Exfi&bn.--For tho purposes of Ghia wtion any pereon who is appointed by the

University for s pacified period, or Gor a

specified work of the University or who rewives any remuneration by way of corn- peflgatory allowance or fee for any work done from the University Fund ehall be d~md to b an o&r or eplgloyee of the University while he k perforwing, and. in relation to all mattera rehtable to the performancen of, the duties and funu- tione eonn&ed with ~uoh a,jpoht~pmt QI ~~tk."r 3. The Sardar Patel University Mter section 56, the following new A&, 1955 (Born. 40 of 1965), sectiou shall be inserted, namely:- Officers and employees to "56-A, Every o5cer and employee of the be public servants. University shall be decmed to be a public servant within the meaning of section 21 of the Indian Penal Code. Eq1anntion.-Tor tho purposes of this section any pcrson who is appointed by the University for a specified period or for a specified work of tho Univcrsity or who receives ally remunoration by may of compensatory allowance or fee for any work done froin the University Fund shall be deemed to be an officer or employco of the University while he is

performing, and in elation to all matters

relatable to the performanceof, the duties and functions connected with such appointrucnt or work.". 4, The South Gljnrat Uuivcr- After section 52, tho following new sitp Act, 1965 (Gaj. 3% of sectiorl shnl~ be inserted, namely:- 1965). Officers and employees to "52A. Every officer and employee of the be public servants. University shall be deemed to be a public servant within the meaning of section 21 . of the Indian Penal Code. BxpWion.-For the purposes of this sec- tion any person who is appointed by tho Univcrsity for a specified period or for a specified mork nf the University, or who receives any roml~nerntion by may of compensatory allowance or fee for any work done from the University Fund shall be deemed to be an officer or emplo- yee of the Uhivcrsity while he is perfor- ming, and in relatioil to all matters rela- table to the performance of, the dutiea and functions connected with suoh appointment or work.". .5. The Saurashtra University After section 62, the following new

• • Aot, 1965. (Guj. 39 of section &all be inserted, namely:- I 1966). i Officers and employees to be "62A. Every officer and employee of publ~c servants. the University shall be deemed to be s publio servant within the meaning of * aection 21 of the Indian Penal Code. UUJ. GOVT. GM., EX-, OECOBER 16, 198O/ASWNA 24 lM2 [PART IV j!hphlaaIh.--For the purposes of this motion auy person who is appointad by the Uni- vereiby for s apeaified period, or for a spe- oified work of the Univeraity, or who re- oeivea any remuneration by way of oom- porntory allowance or fee for any work dono from tho University Fund ahall be doemed to be an officer or employeo of the University while he ia performing, and in relation to all matters .relatable to the performance of, the duties and funotians aonneoted with suoh appointmoat or worka". 6. The Gujarrtt Ayurvcd After section 45, the following nelv section University Act, 1966 shall be inserted, namely:- (Guj. 40 of 1966). Officers and employees to "4Sd Every officer and employee of the Uni- be public servants. versity shall bc deemed to be a public acrvant within tho meaning of section 21 of the Indian Penal %ode. Eqhdim.-For the purposes of +hie 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 may of com-

pensatory allowance or fee for any work

done from tho University Fund shall be deemed to be an officer or employee of the University while he irc performing, and in relation to all matters relatable to the performnnce of, the duties and functions conneckd with auch appointment or work!'. 7. The Clujirat Agricultural After aection 42, the following new section University Act, 3960 shall be inserted, namely :- (Quj. 13 of 1969). Officera and emplbyew to "426. Every officer and employee of the b publio servants. University shall be deemed to be a publio servant within the meaning of section 21 of the Indian Penal We. : l&phn&h-For the pnrp_oaea of this a&m any pmon who is appointed by the Dni- versity for a ~peoified perid, or for a q~5ed work of the UuveraiQ, or who wim any remunmtion by way of om- pmmfo'p allowa~ca or fee for any work done feom the Unidty Ehnd shaU be deemed 60 be an offimr or employee of the Uni&Q while he ia performing, and in mhtioi to d matters relatable b the per- fmmtm of, the dntiee and functions me&d with 8uoh appoinfment or work.".

1. Short title and commencement I. ~his Aot may be called the Gujarat University Law~ (Amendment) short tIfIe A&, 1980.

2. Amendment of certain Acts Each of the Acts specified in the second column of the Schedule appended to this Act shall be amended in the manner and to the extent specified against it in the third column thereof.

3. Pending reference to Chancellor Where before the commencement of this Act, any reference is made by the vice-chancellor to the Chancellor under the relevant provision and such reference is pending before the Chancellor at the commencement of this Act the same shall be disposed of by the Chancellor as if this Act had not been passed. Explanation.—For the purposes of this section relevant provision means the provision relating to disputes as to constitution of university authority or body in any of the Acts specified in the second column of the Schedule.

4. Repeal and savings

1. (1) The Gujarat Universities Laws (Amendment) Ordinance, 1983 is hereby repealed.
2. (2) Notwithstanding such repeal anything done or any action taken under the Acts specified in the second column of the Schedule as amended by the said Ordinance, shall be deemed to have been done or taken under the said Acts as amended by this Act.

Sr. Short title No. Extent of Amendment 1. The Maharaja Sayajirao University of Baroda Act, 1949 (Baroda Act 17 of 1949). For section 60, the following shall be substituted, namely :- "Disputes as to constitution of University authority or body. 60. Where any question arises as to-

1. (1) the interpretation of any provision of this Act, or of any Statute, Ordinance 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 (1), and
   • (b) it shall be referred to the State Government if it relates to a matter specified in 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.". 2. The Gujarat University Act, 1949 (Born. L of 1949). For section 58, the following shall be substituted, namely:- "Disputes as to constitution of University authority or body. 58. Where any question arises as to-
3. (1) the interpretation of any provision of this Act, or of any Statute, Ordinance, Regulations or Rules, or
4. (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 (1), 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 mem- bers of the Court so require, irrespective of whether it relates to a matter specified in clause
5. (1) or clause (2), and the State Government shall after making such inquiry as it deems fit, (including giving opportunity of being heard where necessary) decide the question and its decision shall be final.". 3. The Sardar Patel University Act, 1955 (Born. XL of 1958). For section 59, the following shall be substituted, namely :- "Disputes as to constitution of University authority or body. 59. Where any question arises as to-
6. (1) the interpretation of any provision of this Act, or of any Statute, Ordinance or Rule, or
7. (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 (1), and
   • (b) it shall be referred to the State Government if-
     • (i) it relates to a matter specified in clause (2), or
     • (ii) if ten Fellows so require, irrespective of whether it relates to a matter specified in clause
8. (1) or clause (2), and the State Government shall after making such inquiry as it deems fit (including giving an oppor- tunity of being heard where ne- cessary) decide the question and its decision shall be final.". 4. The South Gujarat University Act, 1966 (Guj. 38 of 1965). For section 59, the following shall be substituted, namely:- "Disputes as to constitution of University authority or body. 59. Where any question arises as to-
9. (1) the interpretation of any provision of this Act, or of any Statute, Ordinance, Regula- tion or Rule, or
10. (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 (1), 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 Senate so require irres- pective of whether it relates to a matter specified in clause (1) or clause (2), and the State Government shall after making such inquiry as it deems fit (including giving an opportu- nity of being heard where necessary) decide the question and its decision shall be final.". 5. The Saurashtra University Act, 1965 (Guj. 39 of 1965). For section 69, the following shall be substituted, namely:- "Disputes as to constitution of University authority or body. 69. Where any question arises as to-
11. (1) the interpretation of any provision of this Act, or of any Statute, Ordinance, Regula- tion or Rule, or
12. (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 (1), 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 Senate so require, irre- spective of whether it relates to a matter specified in clause
13. (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.". 6. The Bhavnagar University Act, 1978 (Guj. 26 of 1978). For section 67, the following shall be substituted, namely:- "Disputes as to constitution of University authority or body. 67. Where any question arises as to-
14. (1) the interpretation of any provision of this Act, or of any Statute, Ordinance, Regula- tion or Rule, or
15. (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 (1), and
    • (b) it shall be referred to the State Government if-
      • (i) it relates to a matter specified in clause
16. (2) , or
    • (ii) if twenty members of the Court so require, irres- pective of whether it relates to a matter specified in clause
17. (1) or clause (2), and the State Government shall after making such inquiry as it deems fit (including giving an oppor- tunity of being heard where necessary) decide the question and its decision shall be final.". 1. Short title and commencement This Act may be called the Gujarat University Laws (Amendment) Act, 1980. 2. Amendment of certain Acts Each of the Acts specified in the second column of the Schedule appended to this Act shall be amended in the manner and to the extent specified against it in the third column thereof. 3. Repeal and savings
18. (1) The Gujarat Universities Laws (Amendment) Ordinance, 1981 is hereby repealed.
19. (2) Notwithstanding such repeal, anything done or any action taken under each of the Acts specified in the Schedule as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding Act, as amended by this Act.

(See section 2) Sr. Short title Extent of amendment No. 1. The Maharaja Sayajirao University of Baroda Act, 1949 (Baroda Act 17 of 1949.)

1. (1) In section 11,-
   • (a) in sub-section (5), in clause (a), for the words "thereafter report his action" the words "thereafter furnish information regarding his action" shall be substituted ;
   • (b) after sub-section (5), the following sub section shall be inserted, namely :-- "(5A)
   • (a) Subject to the provisions contained in sub-section
2. (5) where the Vice-Chancellor after taking such inquiry as he deems fit is of opinion that the execution of any order or resolution of an authority, specified in or declared under section 16, or the doing of anything which is about to be done or is being done by or on behalf of the University :-
   • (i) is inconsistent with the provisions of this Act or of any statute, ordinance, rule or regulation, or
   • (ii) is not in the interest of the University. or
   • (iii) is likely to lead to breach of peace, he may forward a copy of the order or resolution or, as the case may be, refer the doing of the thing, with a statement of reasons, to the authority which made the order or passed the resolution or proposes to do the thing for reconsideration by that authority as to whether the said order or resolution may not be rescinded, or revised or modified in the manner stated by him, or the doing of the thing be refrained from.
   • (b) Where the authority after reconsideration revises or modifies the order or the resolution in the manner stated by the Vice-Chancellor, then notwithstanding anything contained in clause
   • (e) such revised or modified order or resolution shall revive from the date of such revision or modification.
   • (c) Where the authority revises or modifies the order or resolution in such manner as is inconsistent with the manner stated by the Vice-Chancellor, the Vice-Chancellor shall refer the matter to the State Government for its decision.
   • (d) The State Government may, on such reference, beside or modify the order or resolution or direct that the order or resolution shall continue to be in force with or without modification permanently or for such period as it may specify : Provided that the order or resolution shall not be revised or modified or continued by the state Government without giving the concerned authority a reasonable opportunity of showing the cause against the order.
   • (e) The order, resolution or, as the case may be, the doing of thing, shall remain in abeyance from the date of the action of the Vice-Chancellor of forwarding the copy of order or resolution or of making reference under clause
   • (a) till the date of the order of the State Government under clause (d).".
3. (2) In section 24-
   • (a) in sub-section (1), in clause (m), for the words "to appoint examiners and fix their remunerations" the words "to fix remuneration of examiners" shall be substituted :
   • (b) after sub-section (3), the following sub-section shall be inserted, namely :- "(4) The exercise of the powers by the Syndicate under clause
   • (m) of sub-section (1), in so far as they relate to the determination of salaries, allowances and emoluments of the teachers and other employees of the University shall be subject to the approval of the State Government.".
4. (3) For section 49, the following section shall be substituted, namely :- "49.
5. (1) There shall be formed, every year a committee for each faculty, for the purpose of drawing up the list for appointments to University Examiners, consisting of-
   • (i) the Pro-Vice-Chancellor, Ex-Officio Chairman,
   • (ii) the Dean of the concerned faculty,
   • (iii) the Chairman of the Board of Studies, and
   • (iv) two members of the Board of Studies nominated by the Vice-Chancellor for the year.
6. (2) The list of Examiners prepared by the Committee shall be placed before the Vice-Chancellor for his approval who may either approve or modify the same for reasons to be recorded in writing.
7. (3) The procedure to be followed by the committee shall be such as may be prescribed by Statutes.". 1. Short title and commencement This Act may be called the Gujarat University Laws (Amendment) Act, 1980. 2. Amendment of long title Each of the Acts specified in the second column of the Schedule appended to this Act shall be amended in the manner and to the extent specified against it in the third column thereof. 3. Amendment of section 1 of Guj. 38 of 1965 Amendment of section 1 of Guj. 38 of 1965. 3. In the principal Act, in section 1, in sub-section (1), for the words and figures "the South Gujarat University Act, 1965", the words and figures "the Vir Narmad South Gujarat University Act, 1965" shall be substituted. 4. Amendment of section 2 of Guj. 38 of 1965 Amendment of section 2 of Guj. 38 of 1965. 4. In the principal Act, in section 2, in clause (15), for the words "the South Gujarat University", the words "the Vir Narmad South Gujarat University" shall be substituted. 5. Amendment of section 3 of Guj. 38 of 1965 Amendment of section 3 of Guj. 38 of 1965. In the principal Act, in section 3, in sub-section (1), for the words "The South Gujarat University", the words "The Vir Narmad South Gujarat University" shall be substituted. 6. Insertion of new section 60A in Guj. 38 of 1965 Insertion of new section 60A in Guj. 38 of 1965. In the principal Act, after section 60, the following new section shall be inserted, namely :- 60A.
8. (1) As from the commencement of the Gujarat Universities Laws (Second Amendment) Act, 2003 (hereinafter referred to as "the said Act"), any reference in any existing law or instrument or document -
   • (a) to the expression "the South Gujarat University Act, 1965" shall be construed as if it were a reference to "the Vir Narmad South Gujarat University Act, 1965", and
   • (b) to the expression "the South Gujarat University" shall be construed as if it were a reference to "the Vir Narmad South Gujarat University".
9. (2) Any act done by, or any suit or other proceeding filed by or against the South Gujarat 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 the Vir Narmad South Gujarat University. Explanation.- For the purpose of this section "existing law" means any enactment of a Legislature of any other competent authority in relation to matters specified in Lists II and III in the Seventh Schedule to the Constitution of India as in force in any part of the State of Gujarat immediately before the 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.". 7. Amendment of long title Amendment of long title. 7. In the Kachchh University Act, 2003, in the long title, for the words "the Kachchh University", the words "the Krantiguru Shyamji Krishna Verma Kachchh University" shall be substituted. 8. Amendment of section 1 of Guj. 5 of 2003 Amendment of section 1 of Guj. 5 of 2003. 8. In the Kachchh University Act, 2003, in section 1, in sub-section (1), for the words and figures "the Kachchh University Act, 2003", the words and figures "the Krantiguru Shyamji Krishna Verma Kachchh University Act, 2003" shall be substituted. 9. Amendment of section 2 of Guj. 5 of 2003 Amendment of section 2 of Guj. 5 of 2003. 9. In the Kachchh University Act, 2003, in section 2, in clause (17), for the words "the Kachchh University", the words "the Krantiguru Shyamji Krishna Verma Kachchh University" shall be substituted. 10. Amendment of section 3 of Guj. 5 of 2003 Amendment of section 3 of Guj. 5 of 2003. 10. In the Kachchh University Act, 2003, in section 3, in sub-section (1), for the words "Kachchh University", the words "the Krantiguru Shyamji Krishna Verma Kachchh University" shall be substituted. 11. Insertion of new section 80A in Guj. 5 of 2003 -1 "80A.
10. (1) As from the commencement of the Gujarat Universities Laws (Second Amendment) Act, 2003 (hereinafter referred to as "the said Act"), any reference in any existing law or instrument or document -
    • (a) to the expression "the Kachchh University Act, 2003" shall be construed as if it were a reference to "the Krantiguru Shyamji Krishna Verma Kachchh University Act, 2003", and
    • (b) to the expression "the Kachchh University" shall be construed as if it were a reference to "the Krantiguru Shyamji Krishna Verma Kachchh University".
11. (2) Any act done by, or any suit or other proceeding filed by or against the Kachchh 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 the Krantiguru Shyamji Krishna Verma Kachchh University. Explanation.- For the purpose of this section "existing law" means any enactment of a Legislature of any other competent authority in relation to matters specified in Lists II and III in the Seventh Schedule to the Constitution of India as in force in any part of the State of Gujarat immediately before the 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.".