Section 57 of The Gujarat Agricultural University Act, 1969 — Removal by State Government of difficulty

Bare section text

Official Legislative Text

57. If any difficulty arises as to the first constitution or reconstitution of any authority of the University under this Act or otherwise in first giving effect to the provisions of this Act, the State Government, as occasion may require, may by order do anything which appears to it necessary for the purpose of removing the difficulty.

Educational Study Layer

Summary

Section 57 empowers the State Government to step in whenever practical or administrative difficulties arise during the initial implementation of the Act.
It specifically applies to problems faced during the first constitution or reconstitution of any university authority.
It also covers any unforeseen obstacles in first giving effect to any provision of the Act.
To resolve the issue, the State Government can issue an order doing anything it considers necessary to remove the difficulty.
This provision gives the State Government broad executive flexibility to ensure the university starts operating smoothly without legislative delays.

Practical examples

1During the initial formation of the Academic Council in 1970, a conflict arises because two candidate categories overlap, making it impossible to hold elections under the draft rules. On 10 November 1970, the State Government issues an executive order specifying temporary nomination procedures so the Academic Council can be constituted. Under Section 57 of this Act, this order is valid because it removes an obstacle in the first constitution of a university authority.

2When transferring administrative records from an existing college to the new university, no specific officer is designated to sign property transfer documents during the transition phase. On 5 January 1971, the State Government passes an order authorizing the interim Registrar to sign all pending transfer deeds. Under Section 57 of this Act, the State Government has the power to issue such orders to solve practical difficulties in first giving effect to the Act.

FAQ

1. Who has the power to remove practical difficulties when implementing the Act under Section 57?

Under Section 57 of this Act, the State Government has the power to remove any difficulty that arises when first giving effect to the Act or constituting university authorities.

2. What kind of difficulties can be resolved using Section 57?

Under Section 57 of this Act, the provision applies to difficulties arising in the first constitution or reconstitution of any university authority, or any general difficulty in first giving effect to the provisions of the Act.

3. How does the State Government exercise its power under Section 57?

Under Section 57 of this Act, the State Government exercises this power by issuing an order doing anything it deems necessary to remove the specific difficulty.

4. Does Section 57 require the Vice-Chancellor to petition the court to fix implementation problems?

Under Section 57 of this Act, the State Government can act directly by issuing an order as the occasion requires, without requiring court proceedings.

Practice Quiz

Q1.Under Section 57 of this Act, during the first constitution of the Board of Management, a gap in the transitional rules prevents the election of farmer representatives. Which authority can issue an order to remove this difficulty?

Q2.Under Section 57 of this Act, in which of the following situations can the State Government exercise its difficulty-removal power?

Q3.Under Section 57 of this Act, how does the State Government enact a fix when a transitional obstacle occurs?

Q4.Under Section 51 and Section 57 of this Act, suppose an ambiguity in administrative procedures delays the initial transfer of management of a constituent college. Which power allows the State Government to resolve this administrative deadlock?

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