Section 49 of The Gujarat Agricultural University Act, 1969 — The Chancellor shall, after taking such advice as he deems necessary, decide the question and his decision shall be final

Bare section text

Official Legislative Text

Protection of acts and orders 49. 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 or other employees for anything done or purported to be done in pursuance of this Act and the Statutes and regulations framed thereunder.

Educational Study Layer

Summary

Section 49 establishes legal protection and finality for acts and orders done in good faith.
The Chancellor's decision on referred questions is final after taking necessary advice.
All acts and orders passed in good faith by the university or its bodies are final.
No lawsuit or damage claim can be brought against the university, officers, or employees for good-faith actions taken under this Act.

Practical examples

1Following a dispute over Academic Council nominations, the Chancellor issues a final decision after consulting counsel. A defeated candidate attempts to sue the Vice-Chancellor in civil court for damages. Under Section 49, because the Vice-Chancellor acted in good faith under the Act and the Chancellor's ruling is final, the civil suit is barred.

2During an emergency flood, a campus Director orders urgent repairs to protect research equipment, incurring unbudgeted expenses. An auditor threatens legal action against the Director. Under Section 49, because the Director acted in good faith to carry out statutory duties, he is protected from personal lawsuits or damage claims.

FAQ

1. Are university officers protected from lawsuits under Section 49?

Yes, under Section 49 of this Act, no suit or claim for damages can be instituted against officers or employees for actions done in good faith under the Act.

2. What makes an action final under Section 49?

Under Section 49 of this Act, all acts and orders done and passed in good faith by the university or its authorities are final.

3. Can someone sue the university for damages caused by an official act under Section 49?

No, under Section 49 of this Act, claims for damages are explicitly barred if the act was done in good faith under the Act.

Practice Quiz

Q1.Under Section 49 of this Act, what protection is granted to university employees who act in good faith while performing their statutory duties?

Q2.Under Section 49 of this Act, what key condition must be present for an officer's act or order to be protected from legal suits?

Q3.Under Section 49 of this Act, combined with Section 48, if the Chancellor decides a dispute after taking advice, can a party sue the university in civil court over that decision?

Q4.Under Section 49 of this Act, which entities are protected from damage claims when acting in good faith?

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