Extra No. 1 ©
Qtbe d9ujarat d9obernment d9a,ette
EXTRAORDINARY.
PUBLISHED BY AUTHORITY
LVIII) WEDNESDAY, FEBRUARY 1, 2017/MAGHA 12, 1938 Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART IV
Acts of Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
TI1e following Act of the Gujarat Legislature, having been assented to by the Governor on the 31" January, 2017 is hereby published for general information.
K.M. LALA,
Secretary to the Government of Gujarat, Legis lative and Parliamentary Affairs Department.
GUJARAT ACT NO. 1 OF 2017.
(First published, after having received the assent of the Governor, in the "Gujarat Government Gazette'~ on the 1st February, 2017).
AN ACT
to establ ish and incorporate a Council to be known as the Gujarat State Higher Education Council and for the matters connected therewith or incidental thereto.
WHEREAS the University Grants Commiss!ou and Rashtriya Uchhatar Shiksha Abhiyan, 20 J 3 have recommended that State level plarming and co-ordination of higher education sbaU be done through the State Council for Higher Education;
AND WHEREAS, it is expedient to establish a State Higher Education Council which would be a supreme body for higher education and shall be responsible for planned and co-ordinated development of higher education in the State and for advising the State Government in the matters relating to higher education and to oversee its development with perspective plaruling and monitoring.
It is hereby enacted in the Sixty-seventh Year of the Republic offndia as follows:-
EX.N-1 1-1
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Short title, extent and con1me11(ement.
GUJARAT GOVERNMENT GAZETTE, EX. 01-02-2017 (PART IV
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Gtuarat State Higher Education Council Act, 2016.
(2) It extends to the whole of the State of Gujarat.
(3) [t shall come into force on such date as the State Govemment may, by notification, in the Official Gazelte, appoint. Definitions. 2·.In this Act, unless the context othenvise requires,- (a)"Chairperson" means the Chairperson of the Executive Committee appointed tmder section 10;
(b )"college" means any college or any institution maintained or approved by, or affiliated to, any University and providing courses of study for admission to the examination of the University;
(c)"Council" means the Gujarat Stale Higher Education Council constituted under section 3;
(d)"Executive Committee" means the Executive Committee of the Council constituted under section 9;
(e)"Fund" means the Gujarat State Higher Education Council Fund established under section 18;
(f)"h.igher education" means an education, whether professional, technical or otherwise, and includes research studies, leading to the award of a degree or diploma or certificate by a University or an institution approved by the University or the State Government;
(g)"institution" means an academic institution of higher education and research, not being a college, associated with and admitted to privileges of a University or maintained by a University;
(h)"institution of b igher education" means an institution conducting any course of study in higher education, approved as such by the State Government;
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PART IV ]
102 of 1956. Guj. 8 of2009. 3 of 1956. GUJARAT GOVERNMENT GAZETTE, EX. 01-02-2017 (i)"Medical Council of India" means the Medical Council constituted under the Indian Medical Council Act, l 956; G)"member" means a member of the Governing Council or, the Executive Committee, as the case may be;
(k)"prescribed" means prescribed by rules made under this Ac t;
(!)"President" means the President of the Governing Council; (m)"Private Universi ty" means a University established under the Gujarat Private Universities Act, 2009; (n)"regulations" means the regulations of the Council made under section 28;
( o )"rules" means the rules made under section 27;
(p) "University" means any University in the State establ ished or incorporated by an Act of tlie Gujarat Stale Lcgi~lalurc; (q)"University Grants Commission" means the Commission established wider section 4 of the Universi ty Grants Commissi(m Act, 1956.
CHAPTER II
ESTABLISHMENT AND INCORPORATION OF
COUNCIL
3. (1) The State Government may, by notification 111 the Qfficia/ Gazelfe, with effect on and from such date as may be specified, constitute a Counci l for the purposes of this Act to be called " the Gujarat State I ligher Education Council".
(2) The Council shall be a body corporate by the name aforesaid having perpetual succession and a common seal and shall be entitled to acquire, hold and dispose.of property, to enter into contracts and to do al l other things necessary for the purposes of this Act and shall by its name sue and be sued.
(3) The headquarters of the Council shall be at Ahmedabad or at such other place as the State Government may notify in this behalf.
1-3 Constitotior1. incor1)or11tion tu1d htadquartt:rs of Council.
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1-4
Coruposition of Governing:
Count~i l. GUJARAT GOVERNMENT GAZETTE, EX. 01-02-2017 ( PART IV
4. (\)The Council shall consis.t of the following members, namely:-
A.Ex-officio 1l1embers:
the Chief Minister : President;
the Minister (Education) : Vice-President;
the Minister of State (Education) : Co-Vice-President; the Chairperson of the Executive Committee;
(i)
(ii)
(iii)
(iv)
(v) the Secretary to the Government of Gttjarat, Education Department ;
(vi) the Secretary to the Government of Gujarat, Finance Department;
(vii) the Secretary to the Government of Gt!iarat, Legislative and Parliamentary Affairs Department;
(viii) the Secretary to the Government of Gujarat, Health and Family Welfare Department;
(ix) the Secretary to the Government of Gujarat, Industries and Mines Department;
(x) the Secretary to the Government of Gujarat, Labour and Employment Department;
(xi) the Secretary to the Government of Gt!jarat, Sports, Youth and Cttltttral Activities Department;
(xii) the Commissioner, Higher Education, Gujarat State;
(xiii) the Commissioner, Teclmical Education, Gt\jarat State;
(xiv) the Commissioner, Medical Education and Research, Gtijarat State;
(xv) the Chairman, University Grants Commission, New Delhi or his nominee not below the rank of Joint Secretary;
B.OtlzerMembers:
(i) not more than five Vice-Chal.lcellors of the Universities, to be nominated by the State Government in consultation with the Joint Board of Vice-Chancellors (JBVC);
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PART IV] GUJARAT GOVERNMENT GAZE1'l'E, EX. 01-02-2017
(ii) one Provost of the Private Universities, to be nominated by the State Government in consultation with the Private University Forum;
(iii) not more than two eminent scholars, to be nominated by the State Government from the institutes of national importance situated in the State of Gujarat;
(iv) not more than five eminent persons, to be nominated by the State Government from the fields of Arts, Science, Commerce, Law, Engineering, Management, Medical, Journalism, Films and Television, Theatres, Sports, Public Administration, Finance, etc.;
(v) three eminent academicians, to be nominated by the State Government from the Universities or affi I iated colleges, who have completed more than 15 years of service~
(vi) the Member-Secretary appointed by the State Government.
(2) The term of the members other than the ex-officio members shall be three years .
(3) If it is not possible for an ex-officio member to attend the meeting of the Council, he may nominate an officer not below the rank of the Deputy Secretary, or the Deputy Director, as the case may be.
5. ( l) A person shall be disqualified for being appointed or nominated or continued to be a member of the Counci l, if he,-
(a) is of unsotmd mind and has been so declared by a competent comt;
(b) has been adjudged by a competent couJt to be of unsound mind;
(c) has been adjudicated as an llll-discharged insolvent;
(d) bas been convicted by a court of law for any offence involving moral turpitude, wbicb in the opinion of the 1-5
Di sq u:tlifications.
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1-6
Rtmo,111 of mtmbtrship.
GUJARATGOVERNMENTGAZElTE, EX. 01-02-2017 State Govcmmcnt renders him unfit to be a member of the Council;
(e) direc!ly, or indircctl)', by himself or his partner has any share or interest in any work done by order of, o r in any contrnct entered in to on behalf of the Council.
(2) In case of any dispute or doubt as to whether a person is disqualified under sub-section ( ! ), the decision of the State Government shall be final.
6. (I) If. at any time, it appears to the State Government that a member has proved himself to be unfit to hold office or has been guilty of misconduct or neglect which in the opinion of the State Government renders his removal from the membership of the Council as expedient, the State Government may, ofter g iving such member a reasonab le oppo1iunity of showing cause as to why he should not be removed as a member of the Counci l, remove him as such and on such removal, such member shall cease ro be a member of tbe Counci I.
(2) The Chairperson or any other officer shall not be removed except by an order of the State Government passed on 1he ground of wi lful omission or refusal to carry out 1he provisions of this /\cl or rules or regulations made thereunder, o r for abuse of the powers vested in him, oiler consideration of the report of an inquiry ordered hy the State Governmcm in this bchulr. Before termination of 1hc appointment of the delinquent officer, he shall be provided an opportunity of being heard.
Obi«" or 7.The objects of the Council shall be as under, oamely:-
Counc:il.
(I) to develop a comprehensive, long term and inclusive educational plan;
(2) 10 develop co-ordinative methods for planning and co- ordination of higher education in the State and orhcr regulatm)' bod ies, etc.;
[PART IV
6
PART IV) GUJARAT GOVERNMENT GAZElTE, EX. 01-02-2017
(3) to carry out effective monitoring of the academic/adminis trative/financial performance of the Universities and affiliated colleges and to recommend remedial measures for better performance:
( 4) to make recommendations for the planned and co- o rdinated development of higher education in the Stute;
(5) to maintain a databank on higher education and conduct research and evaluation s tudies;
(6) to fulfil the needs of the future developments; to control unplanned and emplaned expansion and channelize higher education in desirable direction, on tl1e basis of the socio-economic need and academic requirement;
(7) to foster sharing of resources amongst the Universities, benefits from synergy across institution, lead academic and governance reforms at the institutions, maintain a data bank oo higher education and conduct research and evaluation studies;
(8) to decide criteria and make recommendations to the State Government for necessary funding to the Uni versities;
(9) to decide criteria and make recommendations to the State Government for scholarship, free-ships as well as aid to economically distressed students and scholars to establish equity among different backward social groups; ( I 0) to decide and suggc~l measures and recommem.lations to the State Government for refonns in higher education keeping in view expected changes in distant future with clear vision of education; ( 11) to make recommeodations for planned and co-ordinate development of curriculum and courses, to prepare global level experts in various disciplines in higher education in consultation with the Universities; 1-7
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Fune I ions of Council.
GUJARAT GOVERNMENT GAZETTE, EX. Ol-02-201 7
(12) to make recommendations for development of innovations, skills, development, media expc11s, software and other modern knowhow in education, teclmology leading to higher education to global competition i11cluding cxpo11 or educational services like so(iwarc, films, etc.;
(13) to prepare blueprint for institutional developrnenr like fi lm, media inculcators' science park, centre of excellence or institutions in higher education to face global competition with excellence;
(14) to bring to the notice of the State Government, the educational activities carried out in the State by any agency in the form of franchise, coaching centre, counselling centre, students gu idance centre or under any name whatsoever. if such agency carries such activities in an unauthorised and illegal manner without approval of the concerned regu latory bodies and also in case such agencies or institutions provide the fake degrees, diplomas or certificates which have not been authorised by the UGC or the concerned regulatory body:
(15) to suggest the measures so that the Universities in the State can achieve the worl d level bench mark in excellence.
8. (I) It sball be the general duly of the Council to co-ordiuate and determine standards in institutions for higher education or research and scientific and technical institutions in accordance with the guidelines issued by the University Grants Commission or the State Government, from time to time.
(2) The functions of the Council shall be as follows, namely: -
[PART IV
8
PART IV ) GUJARAT GOVERNlvlENT GAZETTE, EX. 01-02-2017
I. Planning and Co-ordination functions:
(i) to prepare consolidated programmes in the sphere of higher education in the State in accordance with the guidelines that may be issued by the University Grants Commission from time to time, and to assist in their implementation, keeping in view the overall priorities and perspectives of higher education in the State;
(ii) to assist the University Grants Commission in respect of determination and maintenance of standards of higher education and suggest remedial action wherever necessary;
(iii) to evolve perspective plans for development of higher education and future vision in lhe State;
(iv) to forward the development programmes of the Universities and colleges to tbe State Government and the University Grants Commission alongwith its comments and recommendations;
(v) to monitor the progress of implementation of such developmental programmes;
(vi) to promote co-operation and co-ordination of the educational institutions among themselves and explore the scope for interaction with industry and other siake holders;
(vii) to formu late the principles in accordance with the guidelines of the State Government for approval and sanction 'of new educational institl.1tions;
(viii) to suggest ways and means of augmenting additional resources for higher education in the State. Jl. Academic functions:
(i) to encourage and promote innovations in curriculum development, restructuring and updating of syllabi with 1-9
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t - 10 GUJARAT GOVERNMENT GAZETTE, EX. Ol-02-20 17 skill development, innovations in Universities, colleges and institutions of higher education;
· (ii) to promote and co-ordinate programmes of Universities and colleges and set up a monitoring system and its implementation;
(iii) to devise methods and steps to 1111prove 01e standard of examinations conducted by the Univers ities and affiliated colleges and suggest necessary reforms;
(iv) to develop programmes for effective academic co- operation and interaction between the facu lties in the Universities and colleges and also facilitate mobility of teachers and students in and outside the State;
(v) to encourage sports, games, physical education and cultural activities in the Universities and colleges;
(vi) to encourage extension activities and promote interaction between Universities and industries through eflective consultancy in special areas relevant to the Universities and regional planning and skill development;
(v ii) to prepare an overview report on the working oJ the Universities and colleges in the State and furn ish a copy of the report to the University Grants Commission;
(viii) to identify centres of excellence in the Universities and provide national and international lfokage for the growtl1 of science and technology;
(ix) to administer and release research funds, if any, received from the national and international funding agencies;
(x) to work in liaison witl1 the All India Council for Technical Education (AICTE) in relation to technical education;
[ PART TV
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PART IV] GUJARAT GOVERNMENT GAZETTE, EX. 01-02-2017
(xi) to advise the State Government or any University, college or institution of higher education on any other matter relat ing to higher education and research which they may refer to the Council.
ill. Advisory fun ctions:
The Council shall advise,-
(i) in determining the block maintenance grants to the Universities and institutions of higher education, by evolving suitable guidelines for such grants and monitoring its utilization;
(ii) on setting up a State Centre for Scientific Research and to co-ordinate the research activities amongst the Universities;
(i ii) on the statutes, ordinances and regulations of the Universities and suggest modifications to maintain uniformity in the administration without prejudice to the autonomy for the academic pursuits;
(iv) regarding necessary amendments in the laws relating to Universities including the laws relating to the establishment of new Universities;
(v) for instituting prestigious awards to outstanding scientists, academicians and technologists for their contributions;
(vi) to identify and administer innovative programmes for sustainable growth through self-generating funds from services such as consultancy to i.ndustries, institutions and nationa.1 and international organisations and tq create and help intellectual property rights;
(vii) on perform such other functions necessary for promoting excellence in higher education and scientific research; 1-11
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1-12 GUJARAT GOVERNMENT GAZEITE, EX. 01-02-2017 (vii i) to develop progranunes, academic seminars, training programmes, capacity building, national and international conferences, as well a$ to hold group discussion of scientists and scholars towards framing higher education policy of State Government;
(ix) to suggest criteria or rules for recruitment of teachers, officers, principals and other employees;
(x) to suggest criteria, rules regarding various promotions, for college teachers, principals, university teachers in accordance with the regulations and guidelines of the UGC, or t he State Government policy.
[ PART IV
Constitution or 9.There shall be constituted an Executive Committee for the
Executive Comn1 ittce. Chairperson of CxecuCive
Cor11n1illt-C.
Council. 10.( l)There shall be a Chairperson of the Executive Committee who shall be appointed by the State Government from amongst three persons recommended under sub-section (4) by a committee appointed for the purpose under sub-section(2).
(2) For Lhe purposes of sub-section ( I), the State Government shall appoint a committee consisting of three eminent academicians with proven record and integrity.
(3) The State Government shall appoint one of the th ree members of the committee as its Chairman.
(4) The committee so appointed shall within a period of one month from its appointment select three persons whom it considers fit for being appointed as the Chairperson and shall recommend to the State Government the names of the persons so selected together with such other particulars a~ it deems fit
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PART IV] GUJARAT GOVERNMENT GAZETfE, EX. 01-02-2017
(5) The Chairperson shall be appointed, from amongst the persons so recommended, who are eminent educationalists and have achieved distinction and excellence in the field of higher education with proven record of their contribution.
(6) The Chairperson shall be the chief administrative and academic head and overall in-charge of the affairs of the Council. l le shall have the authori ty to superintend, monitor and to oversee the overall functioning of the Executive Committee.
(7) The term of the Chairperson shall be three years.
(8) The qualifications, powers and functions, tenns and conditions or the service of the Chairperson shall be such as may be prescribed.
11.The Executive Committee of the Council shall consist of the following members, namcly:-
(i) the Chairperson; Ex-officio Members:
(i) the Commissioner, Higher Education, Gujarat State;
(ii) the Commissioner, Technical Education, Gujarat State;
(iii) the Commissioner, Medical Education and Research. Gujarat State;
Other Members:
(i) not more than eight Vice-Chancellors, out of which three shall be from Sectorial Universities, who shall be nominated by the State Government m consultation with the Joint Board of Vice-Chancellor~ (JBYC);
(ii) one Provost, to be nominated by the State Government in consultation with the Private University Forum;
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Con1 position of [xecuth:e Con1mittee.
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1-14 GUJARAT GOVERN.NffiNT GAZETTE, EX. 01-02-2017 (ii i) one eminent scholar, lo be nominated by the State Government from the ins titutes of national importance situated in the Gujarat State;
(iv) nol more than five eminent persons, to be nominated by the State Government from the fie.Ids of Arts, Science, Commerce, Law, Engineering, Management, Medical, Joumalism, Films and Television, Theatres, Sports, Public Administration, Finance, etc.;
(v) three academicians, to be nominated by the State Government from amongst University teachers, senior principals or affiliated college teachers who have completed more than ten year of service.
(2) The term of the members other than the ex-officio members shall be three years.
(3) If it is not possible for an ex-officio member to attend the meeting of the Counci l, he may nominate an orlicer not below the rank of the Deputy Secretary or, the Deputy Director, as the case may be.
Powm • nd functions 12. The Executive Committee shall have the following powers
of Executive
Comm;ttee. and functions, namely:-
( i) to take decisions on behalf of the Council. subject to the concurrence of the Council in al l matters with policy implica1 ions:
Pwvided that 111 urgent and unavoidable
circumstances, the Executive Committee may take decisions subject to ratification by (he Council;
(ii) to incur such expenses as are necessary to ful fi l the objectives set out in this Act and carrj' out all decisions taken by the Com1cil;
(iii) to present before the Council the armual academic and financial audit reports of the Council for its approval;
[PART IV
14
PART lV] GUJARAT GOVERNMENT GAZETTE, EX. 0 1-02-2017
(iv) lo prepare the State Higher Education Plan (Perspective Plan, Annual Plan and Budget Plan);
(v) to provide State Institutions inputs for creating their plans and implementing them;
(vi) to co-ordinate between apex bodies, regulatory institutions and the State Government;
(vii) to advise the State Government on strategic investments in higher education;
(vii i) to advise the universities on statutes and ordinances formulation;
(ix) to determine the methodology for timely transfer of State's share of funds to institutions;
(x) to disburse funds to State Universities and colleges on the basis of the State Higher Education Plan and transparent norms;
(xi) to monitor the implementation of State lligher Education Plan;
(xii) to create and maintain the Management Information Systems;
(xiii) to compile and maintain periodic statistics at State and Institlltional Level;
(xiv) to evaluate State Institutions on the basis of norms and Key Performance Indicators (KP£s) developed under RUSA;
(xv) to ensure timely submission of Utii izarion Certificates from Institutions;
(xvi) to suggest means for faculty quality enhancement initiatives;
(xvii) to suggest the ways for upgrading the quality of examinations and examination reforms;
(xviii) to maintain the quality of curriculum; 1-15
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1-16 GUJARAT GOVERNMENT GAZETTE, EX. 01-02-2017
(xix) to promote innovations in research;
(xx) to protect the autonomy of State Institutions;
(xxi) to suggest accreditation refom1s;
(xxii) such other powers, functions and duties as may be prescribed.
Meetings or 13. (I) The Council shall meet, as often as may be necessary,
Council. Procctdings of Council 11ot to be invalidated by iofir1u itics. P O\\' er of State Governn1ent to give directions.
at such time and place and observe such ru les of procedure · for transaction of business at such meetings as ma.y be prescribed by the regulations, but it shall meet at least twice a year.
(2) T11e meetings of the Council shall be convened by the Member-Secretary on the advice of the Chairperson of the Executive Conunittee.
(3) The quorum of the meeting of the Council shall be one- third of the total members of the Council.
(4) The decisions at the meetings shal l be made by simple majority of the members present and voting.
14. The Council shall have power to act, notwithstanding any vacancy in the membership or any defect in the constitution thereat: and the proceedings of the Council shall be valid notwithstanding that some person, who was not entitled io be a member had attended proceedings of the meeting, voted or otherwise taken part in the proceedings of the Council.
15. On the recommendation of the Council •. or suo-moto, the State Government may direct, any University with such modification as may be necessary, to implement the refonns in such manner as may be specified therein. Notwithstanding anything contained in any law for the time being in force, it shall be obligatory on the part of the University to implement the directions given by the State Government and to report the
[ PART JV
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PART IV] GUJARAT GOVERNMENT GAZETTE, EX. 01-02-2017 action taken to the Stale Government and the Council accordingly. The Council shall review from time to time the compliance by the Universities, of the direction given by the State Government.
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16. If a casual vacancy occurs m the office of any member, Filling up of
casu!tl
either by reason of his death, resignation, removal or otherwise, vacancie1. such vacancy shall be filled up by the State Government by nomination or appointment, as the case may be, and such member shall hold office only for the remainder of the term for which the person in whose place he was nominated or appointed:
Provided that such vacancy shall be filled in by a
person from the same category from which such vacancy has arisen.
17. The Council may associate with itself in such manner and for such purpose, any person whose assistance or advice it may desire in carrying out its functions. A person associated with the Council for such purpose shall have a right to take patt in the discussions relevant to tJ1at purpose but shall not have a right to vote at a meeting of the Council and shaJl not be a member for any purpose. The Council may associate with it any member of Medical, Engineering, or Agriculturnl Univers ities with a view to developing co-ord ination amongst the Universities.
CHAPTER III
FINANCE
18. (1) There shall be established a fund to be called the "Gujarat State Higher Education Council Fund" which shall include all sums which may, from time to time, be paid to it by the State Government and all other receipts includ ing any sum from the Central Government, the University Grants Commission or any other authority, institutions or person.
Ten1porary associ:1(ion of persons \\'ith Council.
Fund of Council.
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Annu!ll bud=tt
GUJARATGOVERNMENTGAZETI'E, EX. 01-02-2017 [PART IV
(2) The Slate Government may pay to the Council every financial yea r such sums as may be considered necessary for the fonctioning of the Council and for the discharge of its responsibilities and duties.
(3) All expenditure incurred by the Council under or for the purposes of this Act shall be defrayed from and out of !he Fund of the Council and any surplus remain ing, after such expenditure has been met, shall be invested in such manner as may be prescribed.
19. The Council shall prepare, in such fonn and at such time each year, as may be prescribed. a budget in respect of the next financial year showing the estimated receipts and expenditure and a copy thereof shall be forwarded to the State Government. Annu• l 20. (I) The accounts of the Council shall be maintained in such
RCC()unl$ and !tudit. manner and in such form as may be prescribed. The Counci l sha ll prepare an annual statement of accounts in such form 11s may be prescribed.
(2) The account.~ of the Council shall be audited at least once in every financial year by such auditor as the State Government may appoint in !his behalf.
(3) The audi tor appointed under sub-section (2) shall. for !he purposes of aud it, have such powers as rnay be prescribed.
(4) The Chairperson shall cause the audit report to be printed and forward the printed copy thereof. to each member of the Council and shall place such report before Lhe Council for its c01"i~crat;o:1 :,1 its next meeting.
(5) The Council shall take appropriate action forthwith to rcc!ify any defect or irregularity that may be pointed out in the audit report under !he intimation to the State Government.
(6) The accounts of the Council as certi fied by the auditor together with the audit report alongwith the remarks of the Council thereon shall be forwarded to the State Government within a month.
(7) The State Government may, by order in writing, direct the Council to take such actions as may be specified in order to
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PART IV) GUJARAT GOVERNMENT GAZETTE, EX. 01-02-2017 rectify, within such time as may be specified therein, the defects, if any, disclosed in the audit report, and the Council shall comply with such di rections.
(8) The State Government shall, as soon as may be a!ler the receipt of the annual accounts together with the audit report under sub-section (6), cause the same to be laid before the Legislative Assembly of the State.
CHAPTER IV
MISCELLANEOUS PROVISIONS
21.The Council shall, as soon as may be, after the end of each financial year, prepare and submit to the State Government, before such date and in such form, as may be prescribed, a properly documented report giving an account of its act ivities during the previous year and the report, shall also give an account of the activities. if any, which are likely to be undertaken by the Council in the next financial year. The State Government shall cause every such report to be laid before the Legislative Assembly of the State as soon as may be after its receipt. A copy of the annual report shall also be forwarded to the University Grants Commission.
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Ann\1al rt port.
22.( I) The State Government shall have the right to cause an Inspection and
inspection to be made, by an officer not below the rank of the inqui•y. Secretary to the Government authorized by it, of the Council and also to cause an inquiry to be made into the functions performed by the Council in respect of any matter entrusted to it. The State Government shall in every case give notice to the Council of its intention to cause such inspection or inquiry to be made and the Council shall be entitled to be represented thereat. The officer making the inspect ion or inquiry shall submit his report to the State Goverrunent on the basis of inspection or inquiry so made.
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1-20 GUJARAT GOVERNMENT GAZETTE, EX. 01-02-2017 [PART IV
(2) The State Government shall communicate to the Com1cil its views with reference to the results of such inspection or inquiry and may, advise the Council upon the action to be taken.
(3) The Council shall, within such time as the State Government may fix, report the action, if any, which is proposed to be taken or has been taken, upon such advice. ( 4) The State Government may, where action has not been taken by the Council within a reasonable time to its satisfaction, issue such directions as it may th ink fit at, and the Council shall comply with such directions forthwith .
Re\'ision. 23. lhe State Government may either suo-moto or on an application made to it, call for and examine the records of any order passed or decisions taken by the Council under the provisions of this Act, for the purpose of satisfying itsel f as to the legality or propriety of such order or decision or as to the regularity of procedure and pass such order with respect thereto as it may deem fit:
Protection of at::ts done in good faith.
Provided that no such order shall be made except after giving the Council or the person likely to be affected thereby a reasonable opportunity of being heard.
24.No suit, prosecution or other legal proceedings shall lie against the Council or any member or officer or employee of the Counci l for anything which is done or intended to be done in good faith or action taken in pursuance of this Act or any rules or regulations made thereunder.
Staff of 25. The Counci 1 shall, with the prior approval of the State
Council.
Govemment appoint such officers and staft~ as · it deems necessary, for the discharge of its functions under this Act. The terms and conditions of service of the officers and staff of the Council shall be such as may be specified in the regulations to be framed by the Council.
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PART IV] GUJ/\RA T GOVERNMENT GAZETTE, EX. 01-02-20 17 45 ofl860.
26.The President, Vice- Pres ident, members, officers and siaff of the Council, the Chairperson of the Executive Committee and the members thereof shall be deemed, when acting or purporting to act in pursuance of any of the provisions of th is Act or any rules or regu lations made thereunder shall be deemed to be public servants within the meaning of section 2 1. of the Indian Penal Code.
27.(l) The State Government may, by notification in the Official Gazette, make rules not inconsistent with this Act, for carrying out the purposes of this Act.
(2) Tn particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely:-
( a) prescribing qualifications, powers and functions, terms and conditions of the service of the Cliairperson under sub-section
(8) of section IO;
(b) prescribing other powers, functions and duties of the Executive Committee under clause (xxi) of section 12; ( c) prescribing the manner for investment of surplus fund of the Counci l under sub-section (3) of section 18;
(d) prescribing the form and time limit within which the Council shall prt:part: the iuuwal budget under section 19;
(e) prescribing the manner and the form for maintenance of accounts of the Counci l; and the form of annual statement of accounts under sub-section (I) of section 20;
(f) prescribing the powers of the auditor under sub-section (3) of section 20;
(g) prescribing the fonn of annual report and date of suhmiss ion thereof to the State Government under section 2 1;
(3) A ll rules made under this section shall be laid for not less than thirty days before the state Legislature as soon as possible 1-2 1
Mcm~crs snd
.st.'lff' of
C-0unc.il to be
publie .
.$ervanls.
Po"·er to n1akc
rulti.
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1-22 GUJARAT GOVERNMENT GAZETTE, EX. 01-02-2017 [ PART IV after they are made and shall be subject to the recess ion 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 recession or modification so made by the State Legislature shall be published in the Official Gazelle, and shall thereupon take effect.
Power to mal
regul:1tions.
Government, make regulations not inconsistent with the provisions of this Act and rules made thereunder for carrying out all or any of the purposes of this Act.
Power to remove 29. If any difficulty arises in giving effect to the provisions of this
difficulties.
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 a period of two years from the commencement of th is Act.
GOVt RN/\11.;.i'iT C~"iTRAL P Kt:SS, G:.\NDHlNAGAR.
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