42. Disputes as to constitution of authorities and bodies.— If any question arises as to whether any
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 shall be referred to the Central Government, and the decision of that
Government thereon shall be final.
43. Power of Central Government to make rules in respect of matters relating to Governing
Body.—(1) The Central Government may, after previous publication, make rules to carry out the
purposes relating to Governing Body.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the manner of filling vacancies among the members of the Governing Body;
(b) the disqualifications for being chosen as, and for being a member of the Governing Body;
(c) the circumstances in which, and the authority by which, members may be removed;
(d) the meetings of the Governing Body and the procedure for conduct of business;
(e) the travelling and other allowances payable to members of the Governing Body; and
(f) the manner in which functions of the Governing Body may be exercised.
44. Acts and proceeding not to be invalidated by vacancies, etc.—No act of the Governing Body
or any other body set up under this Act or the Statutes, shall be invalid merely by reason of—
(a) any vacancy in, or defect in the constitution thereof; or
(b) any defect in the election, nomination or appointment of a person acting as a member
thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.
45. University to be public authority under Right to Information Act.—The provisions of the
Right to Information Act, 2005 (22 of 2005) shall apply to the University, as if it were a public authority
defined in clause (h) of section 2 of that Act.
46. Power of Central Government to review work and progress made and to hold
enquiries. — (1) The Central Government may, from time to time, appoint one or more persons to review
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the work and progress of the University, including colleges and institutions administered by it, and hold
enquiries thereof and to submit a report thereon in such manner as the Central Government may direct.
(2) Upon receipt of any such report, the Central Government may, after obtaining the views of the
Governing Body thereon through the Vice-Chancellor, take such action and issue such directions as it
considers necessary in respect of any of the matters dealt with in the report and the University shall be
bound to comply with such directions.
47. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against
any officer or other employee of the University for anything which is in good faith done or intended to be
done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances made thereunder.
48. Residuary provisions. — (1) The Governing Body shall have the authority to deal with any
matter pertaining to the University and not specifically dealt with in this Act.
(2) The decision of the Governing Body on all such matters shall, subject to revision by the Central
Government, be final.
49. Power of Central Government to issue directions.—The University shall carry out such
directions as may be issued to it from time to time by the Central Government for the efficient
administration of this Act.
50. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions
or give such directions not inconsistent with the provisions of this Act, as appears to it to be necessary or
expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of the period of two
years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.
51. Laying of rules, Statutes, Ordinances and notifications.— (1) Every rule, Statute or Ordinance
made and every notification issued under this Act shall be published in the Official Gazette.
(2) Every rule, Statute or Ordinance made and every notification issued under this Act, shall be laid,
as soon as may be after it is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more successive sessions, and
if, before the expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule, Statute, Ordinance or notification or both
Houses agree that the rule, Statute, Ordinance or notification should not be made, the rule, Statute,
Ordinance or notification shall thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule, Statute, Ordinance or notification.
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52. Transitional provisions. — (1) The existing Board of Governors, Finance Committee and other
committees functioning in the Raksha Shakti University, Gujarat shall continue to function till such time
the University constitutes the authorities or committees under the provisions of this Act.
(2) The existing officers of the Raksha Shakti University, Gujarat such as, Vice-Chancellor, Registrar
or Finance Officer, shall continue to function till such time the officers are appointed under the provisions
of this Act.
53. Repeal of Gujarat Act 14 of 2009.—(1) The Raksha Shakti University Act, 2009 is hereby
repealed.
(2) Notwithstanding such repeal,—
(a) all appointments made, orders issued, degrees and other academic distinctions conferred,
diplomas and certificates awarded, privileges granted, or other things done under the Raksha Shakti
University Act, 2009, shall be deemed to have been respectively made, issued, conferred, awarded,
granted or done under the corresponding provisions of this Act and, except as otherwise provided by
or under this Act or the Statutes, continue in force unless and until they are superseded by any order
made under this Act or the Statutes; and
(b) all the proceedings of selection committee or any other authority, if any, for the appointment
or promotion of teachers and other employees that took place before the commencement of this Act
and all actions of the concerned authorities in respect of the recommendations of such selection
committee or authority, if any, where no orders of appointment on the basis thereof were passed
before the commencement of this Act shall, notwithstanding that the procedure for selection has been
modified by this Act, be deemed to have been valid but further proceedings in connection with such
pending selections shall be taken in accordance with the provisions of this Act and be continued from
the stage where they stood immediately before such commencement, except if the concerned
authorities take a decision to the contrary.
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