Maharaja Sayajirao University of Baroda Act, 1949

 
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[Baroda Act No. XVII of 1949]

[30th April 1949.]

Amended by the Baroda State (Application of Laws) Order, 1949. Adapted and modified by the Adaptation, of Laws Order, 1950. Amended by Bom. 52 of 1950.

Preamble

An Act to establish and incorporate a teaching and residential University at Baroda known as the Maharaja Sayajirao University of Baroda.

WHEREAS it is expedient to establish and incorporate a teaching and residential University at Baroda having also powers of affiliation for that purpose, the Government of Baroda is pleased to enact as follows:-

Chapter 1 - PRELIMINARY

Section 1 - Title

(a) This Act may be called "The Maharaja Sayajirao University of Baroda Act, 1949".

(b) This section shall come into force at once.

(c) The Government may, by notification in the Official Gazette, direct that all or any of the remaining provisions1 of this Act shall come into force on such date or dates as may be specified in the notification.

Footnote:

  1. Sections 2 to 4 and 6 to 71 were brought into force from 30th April 1949 and section 6 was brought into force from 1st April 1950 (Vide Baroda Government L.R.O. Notification No. 41/1949, dated the 30th April 1949 and G.N., P. & S.D., No. 9003, dated the 15th March 1950).

    Section 2 - Definitions

    In this Act, unless there is anything repugnant in the subject or context,-

    (a) 'Act' means the Maharaja Sayajirao University of Baroda Act, 1949;

    (b) 'affiliated college' means a college affiliated under sections 5 and 36;

    (c) 'constituent college' means a University college or an affiliated college made constituent under section 42;

    (d) 'Fellow' means a member of the Senate, whether ex-officio, nominated or elected under the provisions of this Act, but does not include an Honorary Fellow;

    (e) 'Government' means 1 [2 [the Government of Gujarat]];

    (f) 'hostel' means a unit of residence for students maintained or recognized by the University under this Act;

    (g) 'Head of department' means a professor or teacher principally responsible for instruction, training or research in a subject, or group of subjects, which is called 3 [a University department];

    4 [(ga) 'intermediate college' means a constituent or affiliated college other than a degree college;

    (gb) 'prescribed' means prescribed by Statutes or Ordinances;]

    (h) 'Principal' means the Head of a college by whatever name or style described;

    (i) 'recognised institution' means any institution for instruction, training or research in specialised studies other than constituent or affiliated college, and recognised as such by the University;

    (j) 'registered graduate' means a graduate registered under the provisions of this Act;

    5 [(ja) 'secondary school' means a high school which has been recognised as a full fledged high, school by the 6 [Director of Education,]7 [Gujarat State], or by an officer authorised by him in this behalf;

    (jb) 'secondary teachers' means such class of teachers imparting instruction in secondary schools as may be declared to be secondary teachers by the Statutes;]

    (k) 'Statutes' and 'Ordinances' mean, respectively, the Statutes and Ordinances made under this Act and for the time being in force;

    8 [(l) 'teacher' means a professor, a reader, a lecturer, imparting instruction or giving training or guidance in research in the University, a University college, an affiliated college or a recognised institution, or any other person declared or recognised to be a teacher by the Statutes;]

    (m) 'teachers of the University' means teachers appointed or recognised by the University for imparting instruction on its behalf;

    (n) 'University' means the Maharaja Sayajirao University of Baroda; (o) "University Area' means the area specified in Schedule I;

    (p) 'University college' means a college transferred to the University under section 69, or a college which the University may hereafter establish or maintain under this Act; or a college which the University may take over and maintain under this Act;

    (q) 'University Department' means any department 9 [for studies or research] maintained by the University.

    10 * * * * *

    Footnotes:

  2. The words "the Government of Bombay" were substituted for the words "the Government of Baroda or any other authority that takes its place" by the Baroda State (Application of Laws) Order, 1949, clause 10.

  3. These words were substituted for the words "the Government of Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

  4. These words were substituted for the words "a department in a college" by Bom. 52 of 1950, section 2(a).

  5. These clauses were inserted, Bom. 52 of 1950, section 2(b).

  6. These clauses were inserted by Bom. 52 of 1950, section 2(c).

  7. These words were substituted for the words "Director of Public Instruction" by Bom. 18 of 1933, section 3, schedule-II.

  8. These words were substituted for the words "Bombay State" bythe Gujarat Adaptation of Laws (Stateand Concurrent Subjects) Order, 1960.

  9. This clause was substituted for the original by Bom. 52 of 1960, section 2(d).

  10. Those words were inserted, Bom. 52 of 1960, section 2(e).

  11. The words and figures beginning with the words "and includes" and ending with the words "for research" were deleted, Bom. 52 of 1960.

    Section 3 - Incorporation of the University

    (1) The Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor,1***** the first Fellows of the Senate and the first members of the Syndicate of the University, and all persons who may hereafter become such officers, or Fellows, or members, so long as they continue to hold such office or fellowship or membership, are hereby constituted a body corporate by the name of the "The Maharaja Sayajirao University of Baroda".

    (2) The University shall have perpetual succession and a common seal and shall sue and be, sued by the said name.

    (3) The University shall be competent to acquire and hold property, both movable and immovable, to lease, sell, mortgage or otherwise transfer any movable or immovable property belonging to, vested in, or acquired by the University, for any purpose 2[of the University, to raise loans upon the security of its assets;] and to contract, and do all other things for the purposes of this Act:

    3[Provided that the power to raise loans upon the security of its assets shall be exercised after obtaining previous permission of the State Government.]

    Footnotes:

  12. The words "If any, the Rector, if any" were deleted by Gujarat 1 of 1982, section 2.

  13. These words were substituted for the words "of the University" by Gujarat 40 of 1983, section 2, Schedule, Serial No. 2(1) (i).

  14. This proviso was added vide Gujarat 40 of 1983, Serial No. 2(1) (ii).

    Section 4 - Powers of the University

    Subject to such conditions as may be prescribed by or under the provisions of this Act, the University shall have the following powers, namely:--

    (1) to provide for instruction, teaching and training in such branches of learning and courses of study as the University may, from time to time, think fit or prescribe, and to make provision for research and for the advancement and dissemination of knowledge;

    (2) to make special provision for the spread of university education among classes and communities which are educationally backward;

    (3) to organize, control and co-ordinate the programme of teaching and research and other activities of the University, whether carried on in constituent colleges or in University Departments or in recognised institutions and to organise common laboratories, libraries, museums and other equipment for teaching and research;

    (4) to establish, maintain and manage 1 [colleges, departments or practising schools and institutions attached to colleges, departments or schools for the purpose of practical work, experiment, research or preparatory instruction];

    (5) to grant such diplomas to, and to provide such lectures, instruction and training for persons not being enrolled students of the University as the University may determine by the Statutes and Ordinances;

    (6) to institute professorships, readerships, lecturerships and any other posts required by the University and to appoint or recognise suitable and qualified persons for such posts;

    (7) to 2 [institute and, confer] degrees, 3 [4 [diplomas certificates and] other academic distinctions on persons who have carried out a prescribed course of study, research or training, unless exempted therefrom in the manner prescribed by the Statutes and Ordinances, and have passed such tests or examinations as may have been prescribed;

    (8) to confer 5 [honorary degrees] and other academic distinctions on persons who may have distinguished themselves, in any branch of learning, or by eminent public service 6 [,in the manner laid down by the Statutes];

    (9) to withdraw or cancel degrees, diplomas, certificates or other distinctions from persons on whom the University may have conferred such degrees, diplomas, certificates or other distinctions, in accordance with such procedure as may be prescribed by the Statutes;

    7 [(10) to hold either examinations or tests or both as prescribed by the Ordinances;

    (11) to affiliate or recognise educational institutions;]

    (12) to inspect colleges and recognized institutions and to take measures to ensure that proper standards of instruction, 8 [training or research] are maintained in them;

    (13) to hold, accept and manage trusts and endowments, and to utilise the proceeds or income thereof in such manner as may have been provided in a deed of trust or donation, or regulated by Statute, or defined by agreement by the University;

    (14) to control and co-ordinate the activities of, and give financial aid to affiliated colleges and recognised institutions;

    (15) to institute and award fellowships, travelling fellowships, scholarships, studentships, exhibitions, medals and prizes;

    (16) to control the conduct and discipline of students of the University, to provide for and to supervise and control their residence, and to make...

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