1
GUJARAT ACT NO. 24 OF 2005.
THE CENTRE FOR ENVIRONMENTAL PLANNING AND
TECHNOLOGY UNIVERSITY ACT, 2005.
I N D E X
Sections C O N T E N T S Page
No.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. 1
2. Definitions. 2
CHAPTER II
ESTABLISHMENT
3. Establishment and incorporation of
University.
3
4. Objects of University. 4
5. University open to all irrespective of
sex, religion, class, creed or opinion.
5
6. Powers and functions of University. 5
CHAPTER III
OFFICERS OF UNIVERSITY
7. Officers of the University. 7
8. Chairman of University. 8
9. President. 8
10. Director. 9
11. Registrar and his powers and duties. 10
12. Deans. 10
CHAPTER IV
AUTHORITIES OF UNIVERSITY
13. Authorities of University. 11
14. Governing Body. 11
15. Powers and functions of Governing
Body.
11
16. Constitution of Board of Management
of University.
17. Powers and functions of Board of
Management.
18. Term of office and vacancies amongst
the members of Board.
19. Constitution of Executive Council, its 14
2
powers and duties.
20. Constitution of Academic and Research
Council, its powers and duties.
14
21. Constitution of Finance and
Development Committee, its powers
and duties.
CHAPTER V
FINANCE
22. Funds of University. 16
23. Permanent Endowment Fund. 17
CHAPTER VI
ACCOUNTS, AUDIT AND
ANNUAL REPORT
24. Accounts and audit. 17
25. Annual report. 18
CHAPTER VII
SUPPLEMENTARY PROVISIONS
26. Dismissal, removal, reduction and
termination of service of staff of the
University.
27. Returns and information. 19
28. Power of State Government to issue
directions.
19
29. Acts and proceedings not to be
invalidated by vacancies.
30. Protection of action taken in good faith. 19
31. Officers and employees to be public
servants.
19
32. Affiliation. 20
33. Transfer and completion of courses of
students of institutions of CEPT..
20
34. Removal of difficulties at the
commencement.
35. Filling up of casual vacancies. 20
CHAPTER VIII
REGULATIONS OF UNIVERSITY
36. Regulations. 20
CHAPTER IX
TRANSITORY PROVISIONS
37. Appointment of first President. 22
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38. Appointment of first Director. 22
39. Transitory provisions for first Board of
Management, first Executive Council,
first Academic and Research Council,
first Finance and Development
Committee and first Registrar..
40. Transitory provisions for officers and
employees.
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The following Act of the Gujarat Legislature, having been assented to
by the Governor on the 1st April, 2005 is hereby published for general
information.
S.S. PARMAR,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 24 OF 2005.
(First published, after having received the assent of the Governor
in the “Gujarat Government Gazette ”, on the 1st April, 2005).
AN ACT
to establish and incorporate a teaching and non-affiliating University for
imparting education in the related fields of the architecture, design,art,
environmental planning and technology in the State of Gujarat, to be
known as the Centre for Environmental Planning and Technology
University, Ahmedabad and for the matters connected therewith and
incidental thereto.
WHEREAS there exist the Centre for Environmental Planning
and Technology Trust and the Centre for Environmental Planning and
Technology Society;
AND WHEREAS the said Trust runs four institutions viz.
School of Architecture, School of Planning, School of Building Science
and Technology and School of Interior Design;
AND WHEREAS the said institutions run by the Centre for
Environmental Planning and Technology Trust have been affiliated to
the Hemchandracharya North Gujarat University;
AND WHEREAS in the interest of the education and the said
institution it is considered necessary to establish and constitute a
teaching University in the related fields of the architecture, design,
Environmental Planning and Technology ;
It is hereby enacted in the Fifty- sixth Year of the Republic of
India as follows:-
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CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Centre for Environmental
Planning and Technology University Act, 2005.
(2) It extends to the whole of the State of Gujarat.
(3) This section shall come into force at once and the remaining
provisions shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint; and different dates
may be appointed for different provisions and any reference in any
provision to the date of commencement of this Act shall be construed as
the reference to the date of coming into force of that provision.
2. In this Act, unless the context otherwise requires,-
(a) “Academic and Research Council” means the Academic and
Research Council constituted under section 20;
(b) “appointed date” means the date on which the Act shall come
into force;
(c) “Board” means the Board of Management of the University
constituted under section 16;
(d) “Chairman” means the Chairman of the University;
(e) “Dean” means the Dean of the Faculty appointed under section
12;
(f) “Director” means the Director of the University appointed under
section 10;
(g) “Executive Council” means the Executive Council constituted
under section 19;
(h) “Finance and Development Committee” means Finance and
Development Committee constituted under section 21;
(i) “Governing Body” means the Governing Body of the University
constituted under section 14;
(j) “Institutions” means School of Architecture, School of Planning,
School of Building Science and Technology and School of
Interior Design;
(k) “prescribed” means prescribed by the regulations;
Short title, extent
and commencement.
Definitions.
6
(l) “President” means the President appointed under section 9;
(m) “Registrar” means Registrar of the University appointed under
section 11;
(n) “Regulations” means the regulations of the University made
under section 36;
(o) “CEPT Society” means the Centre for Environmental Planning
and Technology Society, Ahmedabad, registered under the
Societies Registration Act, 1860;
(p) “CEPT Trust” means the Centre for Environmental Planning
and Technology Trust, Ahmedabad registered under the
Bombay Public Trusts Act, 1950;
(q) “University” means the Centre for Environmental Planning and
Technology University established and incorporated under
section 3.
CHAPTER II
THE UNIVERSITY
3. (1) (a) There shall be established and constituted in and for
the State of Gujarat a University to be known as “the Centre for
Environmental Planning and Technology University, Ahmedabad.”
(b) The first Chairman, the first President, the first Director,
the first Deans, the first Registrar of the University and the first
Members of the Board, the Executive Council, the Academic and
Research Council, the Finance and Development Committee and all
other persons who may hereafter become such officers or members, so
long as they continue to hold such office or membership are hereby
constituted a body corporate by the name of the Centre for
Environmental Planning and Technology University (hereinafter in this
Act referred to as “the CEPT University”).
(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 or otherwise transfer any
movable or immovable property which may vest in or be acquired it for
the purposes of the University, to raise loans on the securities of its
assets and to contract and do all other things necessary for the purposes
of this Act :
Provided that the power to raise any such loan shall be exercised
after obtaining previous permission of the State Government.
XXI of 1860.
Bom. 29 of 1950.
Establishment and
incorporation of
University.
7
(4) The headquarters of the University shall be at Ahmedabad,
Gujarat .
4. The objects of the University, in general, shall be to conduct
educational, training, distance and continuing education programmes at
diploma and degree levels and at post-graduate levels including doctoral
level and carry on research and consultancy in the areas of developed
and natural environment for the human society and related disciplines
including arts, science and culture and in particular, shall be,-
(i) to establish a Centre of Excellence in its areas of
relevance and attract the best talents at national and
international level;
(ii) to undertake educational, research and development
activities and to become a Resource Centre in the service
of the society and the profession by developing data-
bases and reference in design, planning, technology,
services and management and develop curricula, syllabi
and all related facilities for the conduct of the same, and
for its recognition and approval from National and
International Accreditation Boards or Agencies for the
purposes of employment or further education;
(iii) to establish close linkage with profession and industry
at the national and international level and to make
teaching, training, and research at the University relevant
to the needs of the society;
(iv) to impart the students holistic value based education
and concerns about societal issues in its areas of
relevance and equip them to deal successfully with a
variety of challenges and opportunities;
(v) to develop physical facilities and services in terms of
buildings, equipments, materials and support systems for
effective teaching of courses and programmes, and for
conduct of research and all other related activities;
(vi) to raise financial resources by contributions, donations,
grants or loans from Government agencies, industries and
private individuals, for the effective functioning of the
educational, research, publications and related functions
of the University;
(vii) to establish campuses to pursue the objects of the
University within or without the country;
(viii) to conduct distance education through various media
including electronic media and virtual class- rooms;
Objects of
University.
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(ix) to undertake publication activities to document and
disseminate course material, research findings and other
related matters pertaining to the developed and natural
environment;
(x) to develop collaborative programmes with the like-
minded institutions within and without the country
having similar interests in the fields of research, course
development, sharing of faculties, exchange of faculties
and students and such other fields.
5. (1) No person shall be excluded from any office of the
University or from membership of any of its authorities or from
admission to any degree, diploma or other academic distinction or
course of study on the ground of sex, race, creed, caste, class, place of
birth, religious belief, profession or political or other opinion.
(2) It shall not be lawful for the University to impose on any person
any test whatsoever relating to sex, race, creed, caste, class, place of
birth, religious belief or profession or political or other opinion in order
to entitle him to be admitted as a teacher or a student or to hold any
office or post in the University or to qualify for any degree, diploma or
other academic distinction or to enjoy or exercise any privileges of the
University or any benefaction thereof.
6. (1) Subject to the provisions of this Act, the University shall
exercise the following powers and perform the following duties, namely
:-
(i) to administer and manage the University and such
campuses, within or without the country for research, education,
training and instruction as are necessary for the furtherance of
the objects of the University;
(ii) to conduct and to prescribe course and curricula and
provide for flexibility in the education system and delivery
methodologies including electronic and distance learning;
(iii) to confer degrees, diplomas or grant certificates and
other academic distinctions or titles on persons as the University
may determine, and to withdraw or cancel any such degree,
diploma, certificate or other academic distinction or title in the
manner prescribed by the regulations;
(iv) to confer honorary degrees or other distinctions in the
manner prescribed by the regulations;
University open to
all irrespective of
sex,
religion, class, creed
or opinion.
Powers and
functions
of University.
9
(v) to establish specialised study centres or other units for
research and instruction as are, in the opinion of the University,
necessary for the furtherance of its objects;
(vi) to collaborate or associate with, advise and to develop
and maintain linkages with educational or other institutions in
any part of the world having objects wholly or partially similar to
those of the University, through exchange of teachers and
scholars and generally in such manner as may be conducive to
their common objects;
(vii) to fix, demand and receive or recover fees and such
other charges in accordance with guidelines issued by the State
Government, the University Grants Commission and the All
India Council for Technical Education;
(viii) to prescribe qualifications for the admission to the
courses offered by the University and admit the students as per
the guidelines issued by the State Government in this regard for
the courses offered by the University, in such manner as may be
prescribed by the regulations;
(ix) to create academic, technical, administrative,
ministerial and other posts and to make appointments thereto;
(x) to supervise and control the residence and regulate the
discipline amongst the students of the University and to make
arrangements for promoting their health, general welfare and
cultural activities;
(xi) to appoint persons as professors, associate professors,
assistant professors, readers, lecturers or otherwise as teachers
and researchers of the University;
(xii) to regulate and enforce discipline amongst the
employees of the University and to provide for such disciplinary
measures as may be prescribed by the regulations;
(xiii) to receive funds from industry, national and
international organisations and from any other source as gifts,
donations, benefactions, bequests and by transfers of movable
and immovable properties under the intimation of the State
Government;
(xiv) to purchase or to take on lease or accept as gifts or
otherwise any land or building or works which may be necessary
or convenient for the purposes of the University on such terms
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and conditions as it may think fit and proper, and to construct or
alter and maintain any such building or works;
(xv) to sell, exchange. lease or otherwise dispose of movable or
immovable property of the University, on such terms as it may
think fit and proper without prejudice to the interests and
activities of the University:
Provided that the University shall not sell, exchange,
lease or otherwise dispose of movable or immovable property
granted by the State Government without prior approval of the
State Government or without compliance of the terms and
conditions on which the State Government has given approval;
(xvi) to raise and borrow money on bond, mortgages, promissory
notes or other obligations or securities founded or based upon all
or any of the properties and assets of the University or without
any securities upon such terms and conditions as it may think fit
and to pay out of the funds of the University all expenses
incidental to the raising of money, and to repay and redeem
money borrowed :
Provided that the such power shall be exercised after
obtaining previous approval of the State Government and as per
the directions, if any, of the Central Government in this regard;
(xvii) to invest the funds of the University in or upon such securities
and transpose any investment from time to time in such manner
as may be prescribed by the regulations;
(xviii) to delegate all or any of its powers to the President or the
Director or any committee or sub-committee constituted by any
authority of the University or to any one or more members of the
Board of the University or to any officer of the University; and
(xix) to do all such other acts and things as the University may
consider necessary, conducive or incidental to the attainment or
enlargement of all or any of the objects of the University.
(2) The University shall function as a non-affiliating University
established under this Act.
CHAPTER III
OFFICERS OF UNIVERSITY
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7. The following shall be the officers of the University, namely:-
(a) the Chairman,
(b) the President,
(c) the Director,
(d) the Deans,
(e) the Registrar, and
(f) such other officers in the service of the University, as may be
declared by the regulations, to be the officers of the University.
8 . (1) The Chairman of the Board of Trustees of the CEPT Trust
shall be the Chairman of the University.
(2) The Chairman shall, by virtue of his office, be the head of the
University and shall, when present, preside over at the meetings of the
Board and at any convocation of the University and in his absence, the
President shall preside at such meetings of the Board and convocation.
(3) The Chairman shall have, subject to the provisions of this Act,
power to cause an inspection or review, to be made by such person or
persons as he may direct, of the University, its buildings, libraries,
equipments and systems and processes and of any institution or center or
campuses maintained by the University and also of the examinations,
teaching, research and other work conducted or done by the University
and cause an inquiry to be made in the like manner in respect of any
matter connected with the administration and finance of the University.
(4) The Chairman shall exercise such other powers and perform such
other duties as may be assigned to him by this Act or under the
regulations.
9 . (1) The President shall be a person of eminence having
distinguished himself in the areas of design, planning, environment and
technology. He shall be a person of vision and subscribe to the
objectives and philosophy of the University and shall be interested in
academics.
(2) The President shall be appointed by the Chairman :
Provided that until the first President is appointed by the
Chairman, the first Director shall be the President of the University.
(3) The President shall hold office for a term of five years and shall
be eligible for re-appointment to that office for a further term of five
years.
Officers of
University.
Chairman of
University.
President.
12
(4) The Chairman shall appoint a Committee consisting of three
members, out of whom -
(i) one shall be the Member of the Ahmedabad
Education Society;
(ii) one shall be the expert from academics in the field
of environmental planning and technology ; and
(iii) one shall be the expert from the profession or
industry in the field of environment and
technology;
who shall prepare a panel of three suitable persons suitably ranked for
the office of the President. The Chairman shall select one person from
the panel and appoint him as the President of the University. The
Chairman shall have the authority to ask the panel for additional names,
if it does not find any one from the panel of names submitted as suitable
for the office of the President.
(5) The President shall be the Chairman of,-
(i) the Executive Council;
(ii) the Finance and Development Committee.
(6) The President shall preside over the convocation of the
University in the absence of the Chairman.
(7) The President shall appoint the Deans of various Faculties of the
University in consultation with the Director.
(8) The President shall carry out such other functions as may be
assigned to him by the Chairman or the Board.
10. (1) The Director shall be appointed by the Board from
amongst the Deans by rotation.
(2) The term of office of the Director shall be for a period of five
years.
(3) The Director of the CEPT Trust shall be the first Director of the
University.
(4) The emoluments and other terms and conditions of service of the
Director shall be such as may be prescribed by the regulations :
Provided that the Chairman shall determine the terms and
conditions of service of the Director until it is prescribed by the
regulations.
Director.
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(5) The Director shall, -
(i) exercise general supervision of the management and
control the affairs of the University;
(ii) ensure implementation of the decisions of the
authorities of the University;
(iii) be the Chairman of the Academic and Research
Council;
(iv) be responsible for imparting of instructions and
maintenance of discipline in the University; and
(v) exercise such other powers and perform such other
duties as may be assigned to him under this Act or the
regulations or as may be delegated to him by the Board or
the President, as the case may be.
11. (1) The Registrar shall be appointed by the President, in such
manner and on such terms and conditions as may be prescribed by the
regulations, and shall be the whole time officer of the University.
(2) The Registrar shall exercise the following powers and perform
the following duties, namely:-
(i) he shall be responsible for the custody of records,
common seal, the funds of the University and such other
property of the University;
(ii) he shall place before the Board and other authorities all
such information as may be necessary for transaction of
their business;
(iii) he shall be responsible to the Governing Body, the
Board, the President and the Director for the proper
discharge of his functions;
(iv) he shall, subject to the superintendence of the Director,
be responsible for the administration and services of the
University and make all other arrangements necessary for
conducting the examinations and be responsible for the
execution of all processes connected therewith;
(v) he shall attest and execute all the documents on behalf
of the University; and
(vi) he shall exercise such other powers and perform such
other duties as may be assigned to him under this Act, the
regulations or as may be delegated to him by the Board or
the Director.
12. (1) The Deans shall be appointed by the President in
consultation with the Director, from amongst the Faculties of the
University.
Registrar and
his powers and
duties.
Deans.
14
(2) The term of office of the Dean shall be for a period of three
years.
(3) The Deans shall assist the Director in managing the academic
and other affairs of the University and shall exercise such powers and
discharge such duties as may be prescribed by the regulations or as may
be entrusted by the Director.
CHAPTER IV
AUTHORITIES OF UNIVERSITY
13. The following shall be the authorities of the University, namely
:-
(a) the Governing Body,
(b) the Board,
(c) the Executive Council,
(d) the Academic and Research Council,
(e) the Finance and Development Committee, and
(f) such other authority, as may be declared by the regulations, to be
the authority of the University.
14. (1) The Governing Body shall consist of those members who
are from time to time the trustees of the CEPT Trust.
(2) The Chairman shall be the Chairman of the Governing
Body.
(3) The Registrar shall be the non-member Secretary of the
Governing Body.
15. (1) Subject to the provisions of this Act, the Governing Body
shall be responsible for framing the broad policy in relation to matters of
the University.
(2) The Governing Body shall have the power to obtain information
from the Board of Management the annual accounts, audited report and
the annual report of the University.
(3) Where the Governing Body desires any information or
explanation or any other thing in relation to the affairs of the University,
it shall be lawful for it to require information, explanation or any other
thing from the concerned authority of the University and may give
directions to authorities of the University as it thinks fit.
Authorities of
University.
Governing
Body.
Constitution
of Board of
Management
of
University.
Powers and
functions of
Governing
Body.
15
16 . (1) The Board of Management of the University shall consist
of the following members, namely:-
(i) the Chairman of the Governing Body;
(ii) the President;
(iii) the Director;
(iv) one expert academician to be nominated by the
Chairman in consultation with the President;
(v) one representative of the profession or
industries to be nominated by the Chairman in
consultation with the President;
(vi) one eminent personality from the fields of art,
literature, humanity and science to be nominated
by the Chairman in consultation with the
President;
(vii) one Dean of the University by rotation to be
nominated by the President in consultation with
the Director;
(viii) one person to be nominated by the University
Grants Commission;
(ix) one person to be nominated by the All India
Council for Technical Education (AICTE);
(x) the Secretary to Government, Higher and
Technical Education, Government of Gujarat;
(xi) the Secretary to Government, Urban
Development and Urban Housing Department,
Government of Gujarat;
(xii) the Director of Technical Education, Gujarat
State.
(2) The Chairman of the Governing Body shall be the Chairman of
the Board.
(3) The Registrar shall be the non-Member Secretary of the Board.
17 . (1) Subject to the provisions of this Act, the Board shall be
responsible for the general superintendence, direction and control of the
affairs of the University and shall exercise the powers of the University,
and may delegate such power to the Executive Council and the President
for more efficient management of the University.
(2) The Board shall have powers to review the acts of the Executive
Council, Academic and Research Council and the Finance and
Development Committee and other authorities.
(3) Without prejudice to the provisions of sub-sections (1) and (2),
the Board shall have the following powers, namely:-
Powers and
functions of
Board of
Management.
16
(i) to take decisions on question of
policy relating to the administration and working of the
University;
(ii) to institute courses of study at the
University;
(iii) to make regulations;
(iv) to constitute Executive Council
and Academic and Research Council;
(v) to constitute Finance and
Development Committee;
(vi) to consider and approve the
annual report and the annual accounts of the University;
(vii) to invest moneys and funds of
the University and take decisions on the
recommendations of the Finance and Development
Committee;
(viii) to create or abolish posts of
teachers, officers and other employees of the University;
(ix) to appoint such committees as it
considers necessary for the exercise of its powers and the
performance of its duties under this Act;
(x) to appoint members of the
Committees subject to the regulations made under this
Act;
(xi) to delegate any of its powers to
the Executive Council, President, Director, Deans,
Registrar, or any other officer or authority of the
University or to a committee appointed by it; and
(xii) to exercise such other powers
and perform such other duties as may be conferred or
imposed upon it by this Act or under the regulations for
achieving the objects of the University.
18. (1) The term of office of the nominated member of the Board
shall be for a period of three years.
(2) An ex-officio member shall continue so long as he holds the
office by virtue of which he is such member.
(3) When a person becomes a member of the Board by virtue of his
office he shall cease to be such member, if he ceases to hold that office.
(4) When a person is nominated as a member of the Board, he shall
cease to be such member if his nomination as such is withdrawn by the
nominating body or person, as the case may be.
(5) A member of the Board shall cease to be a member, if he, -
Term of office and
vacancies amongst
members of Board.
17
(a) tenders his resignation and such resignation is accepted;
or
(b) becomes of unsound mind and stands so declared by a
competent court; or
(c) becomes undischarged insolvent; or
(d) has been convicted of an offence involving moral
turpitude.
(6) A member of the Board may, by writing addressed to the
Chairman, resign his office and such resignation shall take effect on the
date it is accepted by the Chairman.
(7) Any vacancy in the Board shall be filled in by nomination of a
person by the relevant authority and the person so nominated shall hold
office for so long as the member in whose place he is nominated would
have held office had the vacancy not occurred.
(8) The member shall be eligible for re-nomination for a further term
of three years.
19. (1) The Executive Council shall consist of the following
members, namely :-
(i) the President of the University who shall
be the Chairman of the Executive Council;
(ii) the Director;
(iii) the Deans.
(2) The Registrar shall be a non-member Secretary of the Executive
Council.
(3) Subject to the provisions of this Act and the regulations, the
Executive Council shall have the following powers and perform the
following duties, namely :-
(i) to administer and manage the University
including various centre, campus and cell of the
University;
(ii) to finalise and implement academic calendar to
include examination schedules, holidays, vacations and
such other matters;
(iii) to regulate expenditure, management of finance
including grants and such other matters;
(iv) to create and maintain infrastructure facilities
and amenities of the University;
(v) to award fellowships, scholarships, prizes,
medals and such other awards;
Constitution of
Executive
Council, its
powers and duties.
18
(vi) to ensure discipline and make provisions for
welfare of students, officers and employees, overall
security measures, student activities, campus
development, campus maintenance and allied matters;
(vii) to plan, encourage and monitor execution of
research projects, consultancy activities, conduct of
seminars, training programmes and workshops;
(viii) any other powers delegated by the Board.
(4) The term of the office of the members of the Executive Council
shall be for a period of three years.
20. (1) The Academic and Research Council of the University
shall consist of the following members, namely :-
(i) the Director of the University, who shall be the
Chairman;
(ii) the Deans;
(iii) the Heads of Departments of all post-graduate
programmes;
(iv) one expert academician from each discipline of
the University to be nominated by the Board;
(v) one expert professional from each discipline to
be nominated by the Executive Council.
(2) The Registrar shall be the non-member Secretary of the Council.
(3) The term of office of the nominated members shall be for a
period of three years.
(4) The Academic and Research Council of the University shall have
the following powers and perform the following duties, namely :-
(i) to develop perspective plan for academic
development of the University;
(ii) to develop academic and research policies of the
University and to exercise control and have
superintendence over the maintenance and improvement
of standards of instructions, education and evaluation;
(iii) to approve new programmes and to approve
changes or modifications in existing programmes;
(iv) to receive reports of the Boards of Studies and
make suitable recommendations in academic matters of
programmes;
(v) to recommend to the Boards of Studies, the
Deans and the persons in charge of various academic
programmes to make suitable changes in the programmes
including methods of assessment;
Constitution of
Academic and
Research
Council, its
powers and
duties.
19
(vi) to initiate or approve research programmes
including collaborative research;
(vii) to initiate or approve collaboration with other
educational institutions;
(viii) to encourage and develop joint inter-
disciplinary programmes;
(ix) to exercise such other powers and perform such
other duties as may be conferred upon it by the
regulations.
21. (1) The Finance and Development Committee shall consist
of the following members, namely :-
(i) the President shall be the Chairman of the Committee;
(ii) the Director;
(iii) the Deans;
(iv) one member of the Board to be nominated by the
Chairman in consultation with the President;
(v) one expert to be nominated by the Chairman in
consultation with the President;
(2) The Registrar shall be the non-member Secretary of the
Committee.
(3) The term of office of the nominated members shall be for a
period of three years.
(4) The Finance and Development Committee shall exercise the
following powers and perform the following duties, namely:-
(i) to examine the annual accounts and annual
budget estimates of the University and advise the
Board thereon;
(ii) to review the financial position of the
University from time to time;
(iii) to make recommendation to the Board on
financial policy matters of the University;
(iv) to make recommendations to the Board on
proposals involving raising of funds, receipts and
expenditure;
(v) to lay-down guidelines for investment of surplus
funds;
(vi) to make recommendations to the Board on all
proposals involving expendit ure for which no
provision has been made in the budget or for
which expenditure in excess of the amount
provided in the budget has been incurred;
Constitution of
Finance and
Development
Committee, its
powers and duties.
20
(vii) to examine all proposals relating to revision of
pay-scales, up-gradation of the scale and those
items which are not included in the budget, before
they are placed before the Board;
(viii) to exercise such other powers and perform such
other duties as may be conferred or imposed upon
it by the regulations;
(ix) to consider and approve plans of development
of the University;
CHAPTER V
FINANCE
22. (1) The University shall establish a fund to be called the
University Fund.
(2) The following shall form part of, or be paid into, the University
Fund :-
(i) all moneys received from the CEPT Trust;
(ii) income of the University from all sources
including income from fees and charges;
(iii) all contributions or grants received from the
State Government, the Central Government, the
All India Council for Technical Education,
University Grants Commission or any other
agency;
(iv) loans, gifts, donations, endowments,
benefactions, bequests or transfers;
(v) all moneys received by the University from the
collaborating industry in terms of the provisions
of the Memorandum of Understanding between
the University and the industry for establishment
of sponsored chairs, fellowships and
infrastructure facilities of the University; and
(vi) all moneys received by the University in any
other manner or from any other source;
(vii) any sum borrowed from the banks with the
permission of the State Government.
(3) All funds of the University shall be deposited in such banks or
invested in such manner as the Board may decide on recommendation of
the Finance and Development Committee.
(4) The funds of the University shall be applied towards the
expenses of the University including expenses incurred in the exercise
of its powers and discharge of its functions in such manner, as may be
prescribed by the regulations.
Funds of
University.
21
23. The CEPT Trust shall place funds at the disposal of the
University to be called the Permanent Endowment Fund of a sum of
rupees one crore or a sum required for meeting the full operational
expenditure of the University for three years, in long term interest
bearing securities issued or guaranteed by the Central Government or
the State Government.
CHAPTER VI
ACCOUNTS, AUDIT AND ANNUAL REPORT
24. (1) The University shall maintain proper accounts and other
relevant records, and prepare an annual statement of accounts, including
the income and expenditure of account and the balance sheet, in such
form and in such manner as may be prescribed by the regulations.
(2) The accounts of the University shall be audited every year and in
any case within six months from the date of closing of the financial year
by the auditor who shall be a Chartered Accountant as defined in the
Chartered Accountant Act, 1949 or a firm of Chartered Accountants
appointed by the Board.
(3) The accounts of the University certified by the auditor or the
firm so appointed or any other person authorised in this behalf together
with the audit report thereon shall be placed before the Board and the
Board may issue such instructions to such authority of the University in
respect thereof as it deems fit and the authority shall comply with such
instructions.
(4) The University shall adopt a proper system of internal checks
and balances and control in respect of finance, accounts and audit as
may be prescribed by the regulations.
(5) The accounts of the University shall be audited by an internal
auditor who shall be appointed by the Board to ensure concurrent audit
of all books of accounts, and such periodic internal audit reports shall be
placed before the Board for its consideration.
(6) The accounts relating to grant-in-aid instituting together with the
audit report shall be placed before the Board and shall also be submitted
to the State Government.
(7) The State Government may conduct the test audit or full audit of
the accounts of the University by the auditors appointed by the State
Government, when it requires so to do.
Accounts and
audit.
Permanent
Endowment
Fund.
XXVII of 1949.
Annual
report.
22
25. (1) The University shall prepare each year the annual report
for the financial year containing such particulars as the Board may
specify and shall be submitted to the Board on or before such date as
may be prescribed by the regulations. The Board shall consider such
report and may pass resolutions thereon and the Executive Council shall
take such action in accordance with the resolution. The action taken by
the Executive Council and if no action is taken, the reasons for taking no
action shall be communicated to the Board at its meeting.
(2) The copy of the annual report alongwith the resolution of the
Board thereon shall be submitted to the State Government.
CHAPTER VII
SUPPLEMENTARY PROVISIONS
26. (1) No member of the teaching, other academic and non-
teaching staff of the University shall be dismissed or removed or
reduced in rank except after an inquiry in which he has been informed of
the charges against him and given a reasonable opportunity of being
heard in respect of those charges.
(2) An appeal from an order of dismissal, removal or reduction
under sub-section (1) or of termination shall lie to the President within
ninety days from the date of the communication of such order and the
decision of the President in such appeal shall be final.
27. The University shall furnish to the State Government, the
University Grants Commission and other statutory authorities such
reports, returns, statements and other information as may be required by
them from time to time.
28. (1) The State Government shall have power to issue directions to
the University, from time to time, as may be required for compliance of
the provisions of this Act and the regulations.
(2) Without prejudice to the provisions of sub-section (1), the State
Government may issue directions, when it requires, in regard to the
following matters, namely :-
(i) fees and charges;
(ii) raising of funds and borrowing money;
(iii) creation of posts and appointments;
(iv) revision of pay-scales and up-gradation of scales.
Returns and
information.
Power of State
Government to
issue directions.
Dismissal,
removal,
reduction and
termination of
service of staff of
University.
23
29. No act or proceeding of the Board or any authority of the
University or any committee constituted under this Act or by the
regulations shall be invalidated merely by reason of, -
(i) any vacancy in its membership or any defect in the
constitution thereof, or
(ii) any irregularities in its procedure not affecting merits of the
case.
30. No suit or other legal proceedings shall be instituted against or
no damages or compensation shall be claimed from, the University, the
Director, the authorities or officers of the University or any other person
in respect of anything which is done in good faith or purporting to be
done in pursuance of this Act or regulations made thereunder.
31. Every officer, teacher and other employees of the University
shall be deemed to be a public servant within the meaning of section 21
of the Indian Penal Code.
Explanation.- For the purposes of this section, any person, who is
appointed by the University for a specified period or for a specified
work of the University or, who receives any remuneration by way of
compensatory allowance or fee for any work done from the University
Fund, shall be deemed to an officer or employee of the University while
he is performing and in relation to all matters relatable to the
performance of the duties and functions connected with such
appointment of work.
32. Notwithstanding anything contained in section 41 of the
Hemchandracharya North Gujarat University Act, 1986, the rights
conferred on the institution to the Hemchandracharya North Gujarat
University as a College are hereby withdrawn as if it were an order of
the State Government under the said section 41.
33. Any student of such institutions who immediately before the date
of commencement of this Act studying or was eligible for any
examination of the Hemchandracharya North Gujarat University shall be
transferred to the University and permitted to complete his course in
preparation of such examination and the University shall provide for
such period and in such manner as may be prescribed by the regulations
for the instructions, teaching, training and examinations of such students
in accordance with the courses of study of the Hemchandracharya North
Gujarat University.
Acts and
proceedings
not to be
invalidated
by vacancies
Protection of
action taken
in good faith.
Transfer and
completion of
courses of
students of
institutions of
CEPT.
45 of
1860.
Officers and
employees to be
public servants.
Affiliation.
22 of 1986.
24
34. If any difficulty arising in giving the effect to the provisions of
this Act, the State Government may, by order published in the Official
Gazette, make such provisions not inconsistent with the provisions of
this Act as may appear to be necessary for removing the difficulty :
Provided that no such order shall be made after the expiry of the
period of three years from the commencement of this Act.
35. Save as otherwise provided in this Act, when any vacancy occurs
in the office of a member (other than an ex-officio member) of any
authority or other body of the University before the expiry of the term of
office of such member, the vacancy shall be filled up, as soon
conveniently as may be, by nomination, appointment or, as the case may
be, co-option of a member who shall hold office so long only as the
member in whose place he has been nominated, appointed or co-opted,
would have held it, if the vacancy had not occurred.
CHAPTER VIII
REGULATIONS OF UNIVERSITY
36. (1) Subject to the provisions of this Act, the Board shall have
power to make regulations consistent with the provisions of this Act to
provide for the administration and management of the affairs of the
University.
(2) In particular and without prejudice to the generality of the
foregoing powers, such regulations may provide for all or any of the
following matters, namely :-
(i) the powers and functions to be exercised and
discharged by the Chairman of the Board and the
President;
(ii) the constitution, powers and duties of the authorities,
bodies and other committees of the University established
under this Act, the qualifications and disqualifications for
membership of such authorities, bodies and other
committees, term of office of the membership thereof and
other matters connected therewith;
(iii) the degrees, diplomas, certificates and other academic
distinctions and titles which may be conferred or granted
by the University and withdrawal or cancellation of any
such degrees, diplomas, certificates and other academic
distinctions and titles and the requirements thereof;
(iv) the academic programmes, collaboration with
universities and collaborative programmes, setting up
centres and campuses within and without the country,
distance education, research, consultancy, training and
continuing education;
Removal of
difficulties
at the
commencement.
Regulations.
Filling up of
casual
vacancies.
25
(v) the creation of posts of Professors, Associate Professors, Assistant
Professors, Readers, Lecturers, Researchers or equivalent academic
designations or posts, officers and employees of the University, and the
appointment of persons to such posts including the qualifications requisite
therefore;
(vi) the fees and other charges which may be paid to the University for the
courses, training, facilities and services provided by it;
(vii) the preparation of budget estimates and maintenance of accounts;
(viii) the terms and conditions of appointments, salaries and allowances,
contractual services, rules of discipline and other conditions of the service
of the President, the Director and other officers, teachers and employees of
the University;
(ix) the powers and duties of the President, the Director and other officers,
teachers and employees of the University;
(x) the matters relating to discipline of students, hostels and halls of
residence including control thereof;
(xi) constitution of pension and provident fund;
(xii) all other matters which is to be or may be prescribed by this Act and the
regulations.
(3) All regulations made under this section shall be laid for not less than thirty days
before the State Legislature as soon as possible after they are made and shall be subject to
the rescission by the State Legislature or to such modification as the State Legislature
may make during the session in which they are so laid or the session immediately
following.
(4) Any rescission or modification so made by the State Legislature shall be
published in Official Gazette, and shall thereupon take effect.
CHAPTER IX
TRANSITORY PROVISIONS
37. Notwithstanding anything contained in section 9, a person who holds the post of
Director of the Centre for Environmental Planning and Technology Trust immediately
before the appointed date shall be the first President.
38. Notwithstanding anything contained in section 10, the first Director shall be
appointed by the President.
39. Notwithstanding anything contained in this Act,-
(i) the Governing Council of the Centre for Environmental Planning and
Technology Trust functioning immediately before the date of the
commencement of this Act, shall be deemed to be the first Board of
Management of the University and shall function as Board until such Board is
constituted under this Act;
Appointment of
first President.
Appointment of
first Director.
Transitory
provisions for
first Board of
Management,
first Executive
Council, first
Academic and
Research
Council, first
Finance and
Development
Committee, and
first Registrar.
26
(ii) the Executive Council of the Centre for Environmental Planning and
Technology Trust functioning immediately before the appointed date, shall be
deemed to be the first Executive Council of the University and shall function
as Executive Council until such Council is constituted under this Act;
(iii) the Academic and Research Council of the Centre for Environmental Planning
and Technology Trust functioning immediately before the appointed date,
shall be deemed to be the first Academic and Research Council of the
University and shall function as Academic and Research Council until such
Council is constituted under this Act;
(iv) the Finance and Development Committee of the Centre for Environmental
Planning and Technology Trust functioning immediately before the appointed
date, shall be deemed to be the first Finance and Development Committee of
the University and shall function as Finance and Development Committee
until such Committee is constituted under this Act;
(v) the Deputy Registrar of the Centre for Environmental Planning and
Technology Trust functioning immediately before the date of the
commencement of this Act, shall be deemed to be the first Registrar of the
University and shall function as the Registrar of the University until the
Registrar is appointed under this Act;
(vi) the existing regulations of the Centre for Environmental Planning and
Technology Trust shall, in so far as they are not inconsistent with the
provisions of this Act, shall apply till regulations are made under this Act.
40. (1) All officers and employees employed in the existing CEPT Trust
immediately before the appointed day shall, subject to the provisions of this
Act, be deemed to be the officers and employees of the University and shall
exercise such power and perform such duties as are conferred upon it by or
under this Act.
(2) They shall receive salaries and allowances and be subject to the same conditions
of service to which they were entitled or subject to immediately before the
commencement of this Act until any other provisions are made in accordance with this
Act :
Provided that the conditions of service applicable immediately before the
appointed day to any officer or employee shall not be varied to his disadvantage except
with the previous approval of the State Government.
(3) The teachers, officers and employees of the University referred to in sub-section
(1) who are covered under the pensions and provident fund scheme of the State
Transitory
provisions for
officers and
employees.
27
Government shall be deemed to be continued to be governed by the said scheme of the
State Government.
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