MAHARAJA SAYAJIRAO UNIVERSITY OF BARODA (AMENDMENT) ACT,
1981 THE MAHARAJA SAYAJIRAO UNIVERSITY OF BARODA (AMENDMENT) ACT, 1981 [Act No. 05 of 1981] [03rd March, 1981] An Act further to amend the Maharaja Sayajirao University of
Baroda Act, 1949. It is hereby enacted in the
Thirty-second Year of the Republic of India as follows:-- (1)
This Act may be called the Maharaja Sayajirao University of Baroda
(Amendment) Act, 1981. (2)
It shall be deemed to have come into force on the 16th October,
1980. In the Maharaja Sayajirao
University of Baroda Act, 1949 (Baroda Act No. XVII of, 1949) (hereinafter
referred to as "the principal Act"), for section 10, the following
section shall be substituted, namely:-- "10. Vice-Chancellor. (1)
The Vice-Chancellor shall be appointed by the State Government
from amongst three persons recommended under sub-section (3) by a committee
appointed for the purpose under sub-section (2). (2)
(a) For the purposes of sub-section (1), the Chancellor shall
appoint a committee which shall consist of the following members, namely:-- (i)
two members (not being persons connected with the University or
with any affiliated or constituent college or any recognised institution) out
of whom one shall be a person nominated in the manner prescribed by the
Statutes by the Syndicate and the other shall be a person nominated in the
manner prescribed by the Statutes by the Vice-Chancellor of all the
Universities established by law in the State of Gujarat: Provided that in any case
where for any reason whatsoever a person is not nominated under this clause-- (a)
by the Syndicate, or (b)
by the Vice-Chancellors, it shall be lawful for the Chancellor to
nominate a person to be a member of the committee in any such case; (c)
one member to be nominated by the Chancellor. (b)?? The Chancellor shall appoint one of the
three members of the Committee as its Chairman. Provided that if it shall
at any time appear to the. State Government that the Chancellor has not
exercised any of the powers conferred on him under this sub-section within a
reasonable period, then the State Government may by an order require the
Chancellor to exercise the power within such period as may be specified in such
order and if the Chancellor fails to exercise the power within the period so
specified, it shall be lawful for the State Government to exercise such power. (3) The
Committee so appointed, shall, within such time and in such manner as may be
prescribed by the Statutes, select three persons whom it considers fit for
being appointed Vice-Chancellor and shall recommend to the State Government the
names of the persons so selected together with such other particulars as may be
prescribed by the Statutes: Provided that, as far as
possible, the Committee shall not select any such person who if appointed as
Vice-Chancellor would cease to held that office on account of attaining the age
of 65 years before completion of the term of three years. (4) The
Vice-Chancellor shall hold office for a term of three years and he shall be
eligible for re-appointment to that office for a further term of three years
only: Provided that no person
appointed as, the Vice-Chancellor, shall continue to hold his office as such
after he attains the age of 65 years. (5) The
emoluments to be paid to the Vice-Chancellor, and the terms and conditions
subject to which he shall hold office, shall be such as, may be prescribed by
the Statutes: Provided that such
emoluments or such terms and conditions shall not, during the currency of the
term of the holder of that office, be varied to his disadvantage without his
consent. (6) Where any
temporary vacancy in the office of the Vice-Chancellor occurs by reason of
leave, illness or other cause, and none of the offices of the
Pro-Vice-Chancellor and the Rector has been filled up one of the Deans
nominated by Chancellor for that purpose shall carry on the current duties of
the office of the Vice-Chancellor.". In the principal Act, in
section 32, after sub-section (1), the following sub-section shall be inserted
namely:-- "(1A)
Notwithstanding anything contained in sub-section (1), the Statutes in Schedule
IV shall, on the commencement of the Maharaja Sayajirao University of Baroda
(Amendment) Ordinance, 1980 (Guj. Ord. 18 of 1980), be deemed to be the
Statutes providing for matters for which provisions have been made in the said
Schedule: Provided that the Senate
shall be competent to amend, repeal or add to, any of these Statutes in the
manner hereinafter provided, at any time after the commencement of the said
Ordinance, subject however to the condition that no such Statute shall be
amended, repealed or added to, before the Vice-Chancellor is appointed for the
first time after such commencement.". In the principal Act, after
Schedule III, the following Schedule shall be added, namely:-- "SCHEDULE IV [See section 32(1A)] Statutes of the University 1. Definitions.-- In these Statutes-- (1)
"Act" means the Maharaja Sayajirao University of Baroda
Act, 1949 (Baroda Act No. XVII of 1949); (2)
"section" means a section of the Act; (3)
all words and expressions used herein and defined in the Act shall
have the meanings respectively assigned to them in the Act. 2. Procedure for the
appointment of the Vice-Chancellor.-- (1)
At least five months before the date of expiry of the term of the
Vice-Chancellor, the Registrar shall call a meeting of the Syndicate for the
purpose of nominating a member on the Committee to be appointed under
sub-section (2) of section 10 for recommending the panel of the names for the
Vice-Chancellor as required under sub-clause (i) of clause (a) of the said
sub-section (2). (2)
The Registrar shall, within 15 days from the date of the meeting
referred to in clause (1) convene a meeting of the Vice-Chancellors of the
Universities established by law in the Gujarat State for nominating a person on
the said Committee for recommending the panel as required under sub-clause (i)
of clause (a) of sub-section (2) of section 10. (3)
The Registrar shall, within 10 days from the date of the meeting
referred to in clause (2), communicate to the Chancellor the names of persons
nominated at the meetings referred to in clauses (1) and (2) and request him to
nominate a third person on the Committee and to designate one of them as the
Chairman and to communicate the appointment of the Committee, to its members. (4)
Within 30 days after the appointment of the Committee by the
Chancellor as mentioned in clause (3), the Registrar shall convene a meeting of
the Committee at the place and time fixed in consultation with the Chairman of
the Committee. (5)
The Registrar shall record the proceedings of the meeting and
shall submit to the State Government the names of the persons recommended by
the Committee alongwith the particulars specified in clause (6) with the
approval of the Chairman of the Committee, and the State Government shall
announce the appointment of the Vice-Chancellor at least one month before the
date of the expiry of the term of the Vice-Chancellor. (6)
The particulars of the persons recommended by the Committee shall
contain the following:-- (i)
The name with particulars of degrees, if any, and other academic
distinctions. (ii)
Place of residence. (iii)
Birth date. (iv)
Literary activities, if any. (v)
Administrative or teaching experience; if any. (vi)
Other particulars, if any e.g. public service, membership of
public institutions, and educational activities. (7)
?In relation to the
appointment of a person as the Vice-Chancellor in place of the person holding
the office of the Vice-Chancellor at the date of the commencement of the
Maharaja Sayajirao University of Baroda (Amendment) Ordinance 1980 (Guj. Ord.
18 of 1980), this Statute shall apply subject to the following modifications,
namely:-- (a)
In clause (1), for the words "At least five months before the
date of expiry of the term of the Vice-Chancellor" the words, brackets and
figures "Within one month
after the commencement of the Maharaja Sayajirao-University of Baroda
(Amendment) Ordinance, 1980" shall be substituted. (b) In clause
(5), for the words "at least one month before the date of the expiry of
the term of the Vice-chancellor" the words "as soon as possible"
shall be substituted.". The person who immediately
before the commencement of the Maharaja Sayajirao University of Baroda
(Amendment) Ordinance, 1980 (Guj. Ord. 18 of 1980) (hereinafter referred to as
"such commencement") holds office as the Vice-Chancellor under
section 10 of the principal Act shall,-- (a)
notwithstanding that he has not been appointed to such office in
conformity with the provisions of the said section 10 as substituted by this
Act or that his continuance in that office has been rendered inconsistent with
the provisions of sub-section (4) of the said section 10 as so substituted
continue to hold that office, after such commencement, subject to the other
provisions of the principal Act, as if this Act had not been enacted; and (b)
notwithstanding anything contained in sub-section (2) of section
10 of the principal Act, continue to hold that office till the day immediately
before the day on which another person is appointed as Vice-Chancellor under
the said section 10 as substituted by this Act. (1)
The Maharaja Sayajirao University of Baroda (Amendment) Ordinance,
1980 (Guj. Ord. 18 of 1980) is hereby repealed. (2)
Notwithstanding such repeal, anything done or any action taken
under the principal Act as amended by the said Ordinance, shall be deemed to
have been done or taken under the principal Act, as amended by this Act.
Preamble - MAHARAJA SAYAJIRAO UNIVERSITY OF BARODA (AMENDMENT)
ACT, 1981PREAMBLE