-·- -- --- - --- - -·-·----- - --- --- -- - --· -- ·-· -- -- Ext ra No. 15 REGISTERED No. C/GNR/2
©
-=iii~
-Qf;be ~ujarat ~obernment ~a?ette
EXTRAORDINARY
PUBLISl-IED BY AUTHORITY Vol. L] FRIDAY, J ULY 31, 2009/SRAVANA 9, 1931 Separate paging is given to this Part in order that it 1113} be filed as a Separate Compillltioo.
PART IV
Acts of Guja rat Legislatu re aod Ordinances promulgated and Regulations made by the Governor.
The following Act of the Gujarat Legislature, having been a<\sented to by the Governor on Lhe 29d' July, 2009. is hereby published for general infonnation.
H.D. VYAS,
Secn."lar)' to the Government of Gujarat.. Legislative and Parliamenlllr) Affuirs CA.-panment. Gt:JAR.\T ACT :'110. 14 OF 2009.
(Fir..1 published, after ha.,,ing received the a<;.<;ent of the Governor, in the
"Guiarat Government Gazelle," on the 31" July, 2009).
AN ACT
to establish and incorporate a University to be known as the Raksha Shakti University in the State of Gujarat and for maners connected therc"'ith or incidental thereto.
It is hereby enacted in the Sixtieth Y car of the Republic of India as follows:-
I.
CHAPTER 1
PRELL~NARY ( I) This Act may be called the Raksba Shakli t;niversity Act, 2009.
(2) It shall come into force oo such date as !he State Government may, by notification in the Official Gazelle, appoint. IY·Ex., IS· I 15-1
Sbon ril~ aod
commmcemtoL
1
15-2 GL'JARA T GOVlRt\'>18' T GA7EITE, EX .• 31-7-2009 ,PART-IV
Definition,, 2 . In this Act, unless the context otherwise requires,-
(i) " Academic Council" mcru1s the Academic Council of the University constituted under ~cclion 16:
(ii) .. Board" means the 13oard of Governors of the University constituted uncer :
(iii) "IX.ins" r.'lC!allS the 0¢ans of the Univ<.'l'Sity appointed under ,,.;ction 24; (i\) -Director of Research and Development~ me:in.~ the D:rector of Research and Development of the University appointed under section
21:
(v) "Directors" means the Di rectors of the Institute~ of the l lnivcrsity appomtc
I ') ,VJ "Dirccto· General" means the Din.>ctor GencrJI of th:: Uni,ers11y appoint~-d under :><:ction 8;
(\ii) -Deputy Director (.;cncrar means the Deput) Director General of the Unhcr::.ity appointed under section 20.
(vii i) "Financc Committee" means the Finance Committee of the University con~ti tutcd under section 18:
(ix ) "prcscrilx
(x) "Registrar" means the Registrar of !he Uoivcr::.it~ appointed under s.:i:tion ::?::?:
(xi) "Regulations" means thc regulallons of the University madc under section 36;
(x ii) "University" mean~ the Raksha Shakti University establish.:d and incorporated under section 3.
CHAPTER II
Ul"ilVERSITY Es'2blislonxnc 3. (I) Thc:re shall be C!itablisbed a lJniversity by the name of the ··Raksha and
inoorpo•••loa Sbakti L:niversit} ··.
ofUuA·eniry.
(2) The Director General, the Deputy Director General, the Board, the Academic Council, the Directors, Director of Research and Development, the
2
PART-IV) GUJARAT GOVERNME1'T GAZETTE. EX., J 1-7-2009 Deans. th~· Registrar and all otI:cr persons who may hereafter become such officers or members so long a:; they continue to hold such office or membership, hereby constitute a body corporate by the name of the '·Raksha Shakti Univcrsi:y".
(3) rne University shall be a body corporate by the name as aforesaid. having perpetual succession and common seal with power. subject to the provisions of the Act. to acquire and hold property, to contract and shall, by the said name sue or be sucJ.
(4) In all suits and other legal procc.:dings by or against the University, the pleadings shall be ~igned and verified by the Registrar and all processes in such ~uiL" and proceeding~ shall be i:ssued to, and scn·t:d on. the Rcgistr.
"· I he headquart.:rs of the University shall be at such place as the State n udq .. rtcn Government may, by notification in the Oflicial Gazelle. s pecify.
or University.
S. ·1 he objccL" of the Uni versi~ shal be as follows. namely:- ObJ«U or
(i) to develop an instirution m Security Science and Management for bringing lnn•,..i1y. about exce llence in all functions of security forces;
(ii) to facilitate research in all matters of internal security;
(iii) to extend the benefit of knowledge and skills ,~;th regard to law enforcement agencies thereby contributing to the development of individuals and society;
(iv) to pro,idc facilities to teachers and students for learning process so that indh-idual attention is provided to the students with the objective of promoting scholarship and excellence;
(v) to develop and conduct teaching methodology for security forces thereby encouraging innovation in training;
(vi) to encourage and develop ideas and values enshrined in the Constitution of India to bring about improvement in the working of police and other security forces;
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15-4 GUJARAT GOVER:-IMEJ\'TGAZETIE, EX., 31-7-2009 [PART-IV
(vii) to develop respect for the rule of law and faith in equitable administration;
(viii) to institute career oriented courses through continuing education and practice;
(ix) to carry out research work and organize programmes for bctler interaction of security forces with people;
(x) lo prepare youths of the State for becoming effective and efficient security personnel and to conduct courses and award degrees, diplomas and certificates for the said purpo.<>e;
(xi) such other objects. not inconsistent with the provisions of thb Act which the State Govemment may, on application by the University, by notification in the Official Gazelle, specify in this behalf.
(I) No person shall he excluded from any oflice of the University or Univcrioity 6. open to all
irrespective of from mcmber~hip of imy of its authorities, bodies or committees, or from
sex, rcligiou,
class, creed or admission to any degree, diploma or other academic distinction or course of study
opinion.
Powers and functions or University. on the sole ground of sex, r76acc, creed, caste, class, place of birth, religious belief or political or other opinion.
(2) It shall not be lawful for the Cniversity to impose on any person any test whatsoever relating to sex, race, creed, caste, class, place of birth, religious belief or profession of 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 privilege of the University or any benefaction, thereof.
7. Subject to the provisions of this Act, the University shall exercise the following powers and perform the following functions, namely:-
(i) to administer and manage the University and to establish such institutes and centres for research, education and instruction as are necessary for the furtherance of the objects of the University;
4
PART-IV] Cil:JARAT GOVER.'-'1\l=.:-.1 GAZETTE, EX~ 31-7-2009
(ii) to provide for instmction, training and research in such branches of kno" ledge or learning pertaining to police service and police science;
(iii) to prescribe courses and curricula and provide for flexibility in the educ:ition systems and delivery methodologies including electronic and distance learning;
(iv) to hold examinations and confer degrt.-es, diplomas or grant certificates and other ac:idemic Jistinctions or titles on person:; subject 10 such conditions as the University may detcnninc, and to withdraw or cancel any such degrees. diplomas. certificat.:s. or other academic distinctions or titles in the manner as may be prescribed;
(v) 10 confer honorary degrees or other di~tinctions in the manner as may be prescribed;
(vi) to c~tablish such special centres, specialized study centres or other units for research and development as are. in the opinion of the University. necci.sary for the furtherance of its objects;
(vii) to providi.: for printing, IX.-production and publication of research and other worJ... and to organize exhibitions, workshops, seminars. conferences. CIC;
(viii) to sponsor and undertake. research in all aspects of functions, behavioural science. technology and alfa.'CI arc3S in relation to investigation, detection and prevention of cnmes and rehabilitating the victims of crimes for making police objectively result oriented;
(ix) to collaborate or associate with any educational institution "ith like or similar objects;
(x) to develop and maintain linkages with educational or other institutions in any pan of the world having objects wholly or partially sunilar to those of the University, through exchange of teachers, students and scholars and generally in such manner as may be conducive to tbi:ir common objects;
(xi) to develop and maintain relationships with teachers, rcsearc.bers and experts in the domains of investigation and detection of crimes and IV-Ex., IS-2
15-5
5
15-6 GUJARAT GOVERNMENT GAZETTE, EX., 31-7-2009 [PART-IV furthering the cause of criminal justice system for achieving the objects of the University;
(xii) to regulate the expenditure, and to manage the finance mid to maintain accounts of the University;
(x iii) to receive grants, subventions, subscriptions, donations and gifts for the purpose of the University and consistent with the o~jects for which the University is established and to enter into any agreement with the Central Government. the State Government, the University Grants Commission or other authorities or bodies for receiving any grants;
(xiv) to receive funds from the industries or from any other sources as gifts, donations. benefactions or bequests and by transfers of movable and immovable properties for the purposes and objects of the University;
(xv) to establish, maintain and manage halls and hostels for the residence of students and accommodation for faculties, officers and employees of the University and the guest houses;
(xvi) to supervise and control the residence and regulate the discipline of srudcnts of the University and to make arrangements for promoting their health and general welfare and cultural activities;
(xvii) to fix, demand and receive or recover fees and such other charges a<; may be prescribed;
(xviii) to institute and award fellowships, scholarships, prizes, medals and other awards;
(xix) to purchase or to take on lease any land or building or works which may be necessary or convenient for the purpose of the University on such terms and conditions as it may think fit and proper and to construct, a lter and maintain any such buildings or works;
(xx) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, on such terms as it may think fit, consistent with the interest, activities and objects of the University a fter taking prior permission of the State Government;
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······· ....... . .. ... .. .,_ ........ ·······~··· .... -··-··- PART-IV} GUJARATGOVERNMTh'TGAZE' TE, EX .• 31-7· 2009
(xxi) to dr:iw and accept, to make and endorse, to discount and negotiate Government promissory notes and other promissory notes, bills of exchange. ch.:ciues or other negotiable 1ru.'trumenL-;:
(xxii) to rais.: and borrow moneys on bonds, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the propcrti~ illld assets of the t:ruversity or "'ithout an} securiti~ and upon such terms and conditions as it may think fit and to pay out of the funds of th..: University, al l expenses incidental to the raising of moneys. to repay and r..:
(xxiii) to irivcst the funds of the University in or upon such securities and transpose any investment from time to time in such mar.rn:r as it may deem :i; in the interest ot L' nivcrsity:
(xxiv) to execute conveyances regarding tr.insfers, mortgages, leases, licenses, agree merits and other conveyance in respect of the propert). mo, able or immovabh: nciuding Government securities bdonbing to th..: IJniv~it)· or to be acquired for the purpose of the University after taking prior pem1ission or the State Government;
(x..~v) to admit the students for the courses offered by the Uni\crsity m th..:
prescribed manner;
(xxvi) to create academic, technical. administrative. ministerial and other posts and to make appoinunenL'\ thereto;
(xxvii) to rcgulat..: and enforce discipline among the employees of ihe Uniycrsity and to provide for such disciplinary measures as may be prescribed:
(xxviii) to institute professorships. associate professorships. assistant professorships, readerships, lectureships, endowed professorship, honorary professorships, adjunct professorships. emeritus professors and any other teaching, academic or research poSL' and to prescribe quaJi{jcations for them;
JS--
7
l 5-8 GUJARAT GOVERNMENT GAZETTE, EX., 31-7-2009 [PART-IV
(xxix) to appoint persons as Directors, Director of Research and Development, Deans, Professors, Associate Professors, Assistant Professors, Readers, Lecturers, Adjunct Professors, Registrar, or otherwise as teachers and researchers of the University;
(xxx) subject to the provisions of this Act and the regulations, any officer or authority of the University may, by order, delegate his or its powers (except the power to make regulations) to any other officer or authori ty under his or its control and subject to the condition that the ultimate responsibility for the exercise of the power so delegated shall continue to rest in the officer or authority delegating them;
(xxxi) to do all ~uch other acts and things as the University may consider necessary, conducive or incidcmal to the altainmcnt or enlargement of all or any of the objects of the University.
Director 8.
General.
(I) The Director General of the University shall be appointed by the State Government.
(2) The Director General shall be appointed from amongst the persons who:-
(i) have served in any State/Central Police Department/ Organiwtion or Military/Para Military Forces or have been connected wi th the training of State or Central Police Force or Mil itary or Para Military Forces with proven record;
(ii) have not attaioed the age of sixty-five years on the date of nomination or re-nomination.
(3) The Director General shall hold office for a period of three years and shall be eligible for re-appointment for a further period of three years. ( 4) The other terms and conditions of the Director General shall be such as may be determined by the State Government.
(5) The Director General may resign from his office by writing under his hand addressed to the State Government and such a resignation shall take effect from
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PART-NJ GUJARAT GOVcRJ-.'MENTGAZErrE, EX .. 31-7-2009 15-9 the date of acceptance by the State Government.
9. (I) Tht: Director General shall have. subject to the pro,;sions of this Act. Po,.•rs and
duttes or power to cause an inspection or review to be made by such person or persons as Director d . f th , . . . . b "!din h I J"b . . d Gtner:iL he may 1rcct. o c university. its ut gs. ostt: s. 1 ranes. cqwpmcnts an ~stems and proccsse:; and of any inS1itution or centre maintained by the
University. and also of the examinations. teaching. research and other work
conducted or done by the universiry and to cause an inquirt 10 be made in like
manner in re!>pect of any matter connectoo v.ith the administration. academic
affairs and finance of the t.:ruvcrsity.
(2) Without prejudice to the generality of th.: foregoing pro' i:;ions, the Director General ~hall -
(i) be the chief executive and ac:idemic officer of the University. He shall preside ov.:r the meetings of the Roard, Academic Council and the Finance Committee;
(ii) eru.ure implementation of the decisions of the authorities of the University;
(iii) be rcsp0n~iblc for imparting of instructions and maintenanci.: of discipline in the t.:niversity. and
(iv) exercise such other p0wers and perform such other duties as may be assigned to him by or under this Act or the regulations or as may be delegated to him by the Board or by the State Government.
(3) Where any matter is of urgent nature requiring immediate action and the same cannot be immediately dealt with by the authority or body of the University empowered under this Act to deal with it, the Director General may take such action as he may deem fit and shall forthwith report the action so taken by him to the authority or body of the University who or which. in the ordinary course, would have dealt with the matter:
Provided that if such authority or other body is of the opinion that such action ought not to have been taken by the Director General, it may refer the JV-Ex., 15-3
9
15-10 Gl JARAT GOVERNMcNT GAZETTE, EX., 31-7-2009 [PART-IV matter to th\.! Board which may either confirm the action taken by the Director General or annul the same or modify it in such manner as it thinks fit, and thereupon the action shall cease to haw efTccts or. as the case may be. shall take effect in such modified form so however such modification or annulment shall be without prejudice to the validity of any thing previously donc by or under the order of the Director General.
(4) Where the exercise of the power by the Director Gcncml under sub- section (3) involves the appointment of any person, such appointment shall be confirmed by the i:ompe:ent authority empowered to approve ~-uch appointment in accordance with the provisions of this Act and the regulation~. not later than six month> f'mm the
Authorities JO.
of
University.
Officers of 11.
University.
CHAPTER Ill
AUTHORITIES AND OFFfCERS OF ~IVERSITY
The following shall be the authorities of the University, namely :-
(i) the Board of Governor:;;
(ii) the Academic Council;
(iii) the finance Committee; and
(iv) such 01hcr authorities as may be declared by regulations to be the authorities of the university.
The following shall be the officers of the University, namely:-
(i) The Director Genera I.
(ii) The Deputy Director General,
(iii) The Director of Research and Development,
(iv) The Directors, ( v) The Deans,
(vi) The Registrar, and
10
PART-JV) GlJJARAT GOVERNMENT GALETTE, LX., 3 l -7-2009 15-11
(vii) such other persons in the service of the University as may be d~-.:larcd b~ regulations. to be the officers or the lmiversiry
12. ( l) lb.: Board of Governors of 1he Universiiy ~hall consist of the Board of following members, namely;-
(i) the Vi rector General, who shall be the Chairman of the Board;
(ii) the Deputy Dm:ctor General;
(iii) !he Director of Research and Development:
(i~) one Director of !he t:nivcrsity. by rolation. 10 be nominat..:d by the Director General;
(v) onc Police Officer, not bclow the rank of the /\
(vi) an officer of the Home Department. not below the rank of the Secretary to Government, to be nominated by the State Govcrnment, ex-officio;
(vii) an officer of the Education Department, not below the rank of the &-crciary to Government. :o be nominated by the S1a1e Government. e:x-cfficw;
(viii) the Head of the Directorate of NCC in Gujarat, ex-officio;
(ix) one of the Vice-Cbanccllors/Dircctors General of any of the Universities located in Gujaral to be nominated b} the Siate Government;
(x) lhrec members from amongst persons wbo ha,·e worked in !he Siatc/C.:ntral Police Depanment!Organization or Military/Para Miliiary Forces or from amongst persons connected with the tmining of Stnte or Central Police Force or Military or Para Military Forces. to be nominated by the State Government.
(2) The Registrar shall be the Secretary of !he Board.
Governors.
11
15-12 GUJARAT GOVERNMENT GAZETTE, EX., 31-7-2009 [PART-JV Powers Of 13. ( I) The Chairman shall preside at the meetings of the Board and at the Chairman
of Board. convocation of the University.
(2) The Chairman shall exercise such other powers and perform such other functions as may be assigned to him by or under this Act or the rcgL1lations. Powers and 14. (!) Subject to the provisions of this Act, the Board shall be responsible function of I · d d · · d h I f "" · f Board. for the genera supcnntcn cnee, 1rectton an t e contro o auairs o the University and shall exercise all the powers of the University. and shall have the power to review the acts of the Academic Council and the Finance Committee
and other committees or authorities of the University.
(2) Without prejudice to the provisions of sub-section (I), the Board shall have the following powers and functions, namely:-
(i) to take decisions on question of policy relating to the administration and working of the University;
(i i) to institute courses of study at the University; (i ii) to make regulations;
(iv) to consider and approve the annual report and the annual budget of the University for every financial year;
(v) to invest moneys ai1d funds of the University and to take decisions on the recommendations of the Finance Conunittee;
(vi) to publish or finance the publication of studies, treaties, books, periodicals, reports and other literature from time to time and to sell or arrange for the sale as it may deem fit;
(vii) to create or abolish posts of teachers and officers and employees of the University;
(viii) to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this Act;
(ix) to appoint the Directors of the University;
(x) to delegate any of itS power to the Director General, Deputy Director General, Directors, Deans, Registrar or any other officer,
12
PART-IV] GUJARAT GOVERNMENT GAZETTE, EX., 31 -7-2009 employee or any authority of the University or to a committee appointed by it; and
(xi) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by or under this Act or the regulations. and such other powers for achieving the objects of the University.
15-13
15- (I) Save as otherwise provided in this section, the term of a nominated Term of office and
member of the Board shall be three years from the date of his nomination. vacancies
among
members of
(2) An ex-o.ffic10 member shall continue so long as he holds the office by Board. virtue of which he is the member of the Board.
(3) Any vacancy in the Board, of a member other than ex-officio member occurring before the expiry of the prescribed period shall be filled in the same manner as providt:d in section 12 and such a member shall hold office for the remainder of the term of the member in whose place he is nominated.
(4) A member shall be eligible for re-nominaLion for the next term.
(5) A member may resign from his office by writing under his hand addressed to the Chairman and his resignation shall take effect from the date it is accepted by the Chairman.
16. (l) The Academic Council of the University shall consist of the Academic ti LI · be I Council. o owing mem ·rs, name y:-
( i) the Director General. who shal l be the Chairman of the Academic Council;
(ii) the Deputy Director General;
(iii) two academicians or professionals, to be nominated by the State Government;
IV ·Ex., 15-4
13
1S-14 Gt:JARAT GOVERNMENT GAZETTE, EX., 31-7-2009 [PART-JV
(iv) two academicians or professionals connected ""•th thi.: service or tra r.mg of po!ice, miEtary or paramilitary force:.. to be nominated by thi.: Swte Government;
(v) Lhe Director of Research and Development;
(vi) thi.: Directors:
('ii) om: profes_"<)r from each discipline of the Unive:-i.11y. by ro:aiion. to he nominated by the Oircaor General.
(2) The Rcgistnu ~hall be the Secretary of the Academic Counci l.
(3) 11te te:n1 of offo:e of the members nominated undcr c!au, ... -s (iii). (iv) and
(vii) of sub-~'(.1ion (I) s!tall be thr<.>t: years. Power.; and 17. Subject to the provisions of this Act and the regulations, the Academic !'unction' of
Academic Council of tht: University shall excrciw the following powers and perform Coun
Fi.nanf't
Commintt. follo"ing functions. nam.:ly:-
(i) to exercise control o~cr the academic policies of the University and be responsible for the maintenance and improvement of standards of i~truction. education and evaluation in the University:
(ii) to consider m:mers of general academic interest e11her on i~ own initiative or on a reference from the faculry of :he t:niver..ity or the Board and to take appropriate action thereon:
(iii) to recommend to the Board, such regulations as arc consistent with this Act regarding the academic functioning of the lJ niversity incl1:ding discipline of students; and
(iv) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by the regulations.
18. (I) '11te Finance Comminee shall consil>t of the following members. namely:-
(i) the Director General. who shall be the Chainnan of the Comminee;
(ii) the Deputy Director General;
(iii) the Director of Research and Development;
14
PART-1V1 15-15 ('.!)
'~) ,_,
(iv) 1wo members of the Board (on.: of them shall be a Government nomir.ec: on the Board) 10 be nomi.nated by the Board.
(v) 1hc Directors;
(vi) one expert in the field of (inancc. to be nomimm:d by the State Government;
(vii) one professor. by rotation. to be nominated by the Board. 1ne Re;;i~trar sh:!ll he the Secrctar) of the Comminec. The h:nn of officc of the member.. nominated under clalll>C:; (i' l. (,·i) and
(vii) shall be thn.-e years.
19. Subject to the other provision$ of this Act, the Finance Committee shall Powers and exercise the following powers and perfonn 1he following fonction$, namcly:-
(i) to cxamin,; the annual accounts and annual budget estimates of the University and to advise the Board thereon:
(ii) to re,·ie" from um~ to time the financial position of the University;
(iii) to make n.-commendations to the Board on all financial policy matters of the Uni,ersity;
(iv) 10 make recommendations to the Board on all proposal:; involving raising of funds, receipts and expenditure;
(v) to provide guideline~ for investmem of surplus funds;
(vi) to make recommendations to the Board on all proposals involving expenditure for which no provision has been made in the budget or for which expenditurc in excess of the amount provided in the budget needs to be incurred:
(vii) to examine all proposals relating to the revision of pay-scale:>, upgradation of the scales and those items which are not included in the budget prior to placing before the Board: and
(viii) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by the regulations.
functions or Finance
Coin n1ittee.
15
15-16 GUJARA'I GOVERNME).!T GAZETTE. EX., 31-7-2009 [PART-IV l>
Dir«:tor Central.
20. (I) The Deputy Director General of the University shall be appointed by the State Government by deput:ltion or by transfer from amongst serving police officers of G .1jarat, not belov. the rank of the Inspector General of Police.
(2) The Deputy Din.'Ctor General shall.
(i) be principal coordinating officer of the University and exercise such powers and perfor.n such duties as lll..t) he entrusted b) general or special order by the Director General. (ii} in absence of the Dil\.'Ctor General. or in the event of his being unable 10 perfonn the duties of his office, di~charge all the functions and duties of the Director General.
(iii) preside over. in absence of lbe Director Geo..:r.tl. the meetings of Academic Council, Finance Committee and such other authorities. Oiroctoror 21. {I) The Director of Research and Development shall be appointed by R~~tarth and
Do•lopinuL the Director Geneml ""ith the approval of the Board.
(2) He shall be a renowned researcher having out-standing published research work in reputed ~aliooal or International Journals.
(3) The qualifications and oilier tenns and conditiore; of SCTVice of th.:
Director of Research and Development shall be such as may be prescribed by the regulation(
(4) He shall assist the Director General in managing the re$earch and development related academic, administrative and other affairs of the institute.
(5) He shall exercise such powers and perform such functions as may be
prescribed or entrusted to him by the Director General.
Registrar. 22. (1) The Regisuar shall be appointed by the University in such manner :
and on such terms and conditions as may be prescribed.
16
PART-IV] GUJARAT GOVERNMENT GAZEITE, EX., 31 -7-2009 15-17
(2) The Registrar shall exercise the fo !lowing powers and pcrfonn 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 of the University, all such information and documents as may be necessary for transaction of its business;
(iii) he shall be responsible to the Director General for the proper discharge of his functions;
(iv) he shall be responsible for the administration of the University and conduct the examinations and make all other arrangementS necessary thereof and be responsible for the execution of all processes connected therewith;
(v) he shall attest and execute all documents on behalf of the University;
(vi) he shall verify and sign the pleadings in all suits and other legal proceedings by or against the University and all processes in such suits and proceedings shall be issued to and served on the Registrar; and he shall exercise such other powers and perfonn such other duties as may be assigned to him by or under this Act, the regulations or as may be delegated to him by the Board or the Director General.
23. (I) The Directors of the institutes shall be appointed by the Director · D;rccrors. General with the approval of the Board in such manner and on such terms and . conditions as may be prescribed.
(2) The Directors shall assist the Di.rector General in managmg the academic, administrative and other affairs of the institutes and shall exercise such powers and perform such functions as may be prescribed or entrusted to them by the Director General.
IV-Ex .. l 5-5
17
- -·- -······· ..... -···. ·······- ........-.. . .. 15-18 GUJARAT GOVER.\'ME\'T GAZETIE, EX .. 3 J-7-2009 [PART-IV Onns. 24. (J) The Deans shall be appointed by the Director General from
Perm:lncnt
Endo.,ment t'uod of Uni>ersit). amongst the facultic~ of the Univers1!y.
(2) The Deans shal' as.'ist the Director General and respective Directors of the institutes or centres in managing the academic and other affairs of the University omd shall excre1:;c ~uch po.,1•e::1> a.,d perform such functions a.~ may be prescribed or entrusted to them by the l)irector General and the Director.
CHAPTER TV
Fl NANCE
25. The State Government shall place funds at the disposal of the \;nivcrsity lo be called the Pem1ancnt Endowment Fund of sum of twenty crorc:s of rupees or such sum. n.-quirc:d for meeting the full operational expenditure of the University, whichever is more. for a period of five years in lhc form of long tenn interest bearing S<.."Curitics issued or guaranteed by the Central Government or the Stale Govcnuncm.
Paym
co,crnmcot lo
l;niversity.
of money and in such manner as may be considered necessary for the exercise of powers and discharge of its functions b)' lhe University by or under thi~ Ac1. fund of 27. (I) The lJruversity shall 1..-stablish a fund to be called the ·t,nivcrsity Univcrsit}.
Fund' consisting ot:-
(i) any contribution or grants or loans by the State Government and the Central Government;
(ii) the income of the Un;vcn;ity from all sources including income from fees and charges;
(iii) the moneys received by the Uni\'ersity by 1.vay of grants, loans, gifts, donations, benefactions, bequests or transfer endowments and other gr:ints, if any;
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PART-IV) (jlJJJ\RA T GOVERi'\/ME~T GAi'Ern .. tX .. 31-7-2009
(iv) the moneys received by the Uni vcrsity from the collaborating industries in terms of the provisions of the :'v!cmorandum of Understanding entered between the University and the Industry, for establishment of sponsored chairs. fcllo"ships or infrastructure facilities of the University; and
(v) the mom:ys received by the University in any other manner or from any other source.
(2) l\11 funds of the University shall be deposited in such banks or invested in such manner as the Board may decide on the recommendation of the Finance Committ1.-.:.
(3) Th.: funds of the University shall be applied towards lb.: cxp.:nses of the University including expenses incurred in the exercise of its power~ and discharge of its functions by or under this Act.
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28. (I) The University shall maintain proper accounts and other relevant A ccount< and audit
records and prepare an Annual Statement of Accounts, including the income and expendirurc account and the balance sheet. in such form and in such manner as may be prescribed.
(2) The University shall adopt a proper system of internal checks and balances and control in the discharge of its financial, accounting and auditing ftrnctions as may be prescribed by the Regulations;.
(3) The accounts of the university shall be audited every year hy an Auditor, who shall be a Chartered Accountant as defined in the Chartered Accountant Act, XXXVlll
or 1949. 1949 or a firm of Chartered Accountants, to be appointed by the Board.
(4) The accounts of the University certified by the person or firm so appointed or any other persons authorized in this behalf together with the audit report thereon shall be placed before the Board and the Board may issue such instructions 10 the University in respect thereof as it deems fit and the University shall comply with such instructions.
19
15-20 Gt.:JARA T GOVERNMENT GAZEITE, EX., J 1-7-2009 [PART-IV
Ptnsioo, lnsurnncc
and l>rovid•nt Fund.
A
pro
(S) The accounts of the University shall be audited by an internal auditor who shall be a Chartered Accounl3llt or a finn of Chartered Accountants 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 review.
(6) The t;niversity shall prepare for each year an annual report o f its activities of the previous year containing such particulars as the Board may specify and submit lhe same in the form of annual report to the Board on or before such date as may be prescribed, for review and approval.
(7) The copy of the annual report and annual audit report along .,.;th the resolution of the Board thereon shall be submitted to the State Government and it shall be laid, as soon as may be after it is received, before the State Legislature.
29. ( I) The Univcn;ity shall, "\\-ith the approval of the Board.. constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be prescribed, such schemes of pension, provident fund and insurance as it may deem fit and also aid in establ ishment and support of the associations. institutions. funds, truStS and con,.eyancc calculated to the benefit of the officers, teachers. employees of the University.
(2) Where any such provident fund has been constituted. the provisions of the Provident Funds Act, 1925 shall apply to such fund as if it were a Government 1' or 1925. Provident Fund.
CHAPTER V
SUPPLEMENTARY PROVISIONS
30. No act or proceeding of the Board or any authority of the University or any committee constituted under this Act or by regulations shall be invalided on the ground merely of the existence of any vacancy in or defect of, in the constitution of such Board, authority or comminee of the University.
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PART-IV] GUJARAT GOV!;RNMTh'T GAZETTE. £;,'(., 31 -7-~009 15-21
31. Notwithstanding anything contained in any olher State law for the time Conftrmrnt or being in force, the University shall have powers to coufor degrees. diplomas and grant certificates and confer honorary degrees and other academic di,tinctions and title:; as appro\ ed by the Board.
degrees, diplom2s and graot or
cutiftt"alt~ by LDI''ffSi().
32. The lJnivcrsity shal l furnish to the State Government, University Grants Returns and
Commission and other Statutory authorities, such reports, returns. statement~ and information other information as may be required by them from time to time.
33. Every officer, teacher ao
empto)~to
~public
scn·anb.
34. (I) No officers or employees or members of the teaching, non-teaching Di•minal,
rr:moval,
and other academic staff of the Universit~ shall be dismissed or removed or ntlart•on •• termi~uoa of
reduced in rank except after an inquiry in which Ile has been informed of the .. l'Vi«s orsurr charges again:.1 him and given a reasonable opponunity of being heard in respect of those charges.
(2) An appeal against an order of dismissal, removal or reduction in rank under sub-section (I) or of termination of service shall be made to the Director General \\ithin ninety days from the date of communication of such order and the decision of the Director General in such appeal shall be final.
35. The State Government shall have powers to issue directions from time to time a~ may be required for compliance of the provisions of this Act, the IV ·Ex., 15.Q
Power> of State
Government to
give directions.
21
. ·-· ······ ..... . ..... '.. .. . . .. 15-22 GUJARAT GOVERNME"IT GAZETIE, EX .. 31-7-2009 [PART-rv rcgul:uion made thereunder .md any other law for the time being in force and the Univcr,ity shall be bound to comply .,.;th such direction. Powers to 36. ll ) SuhJc<.:t to the provisions of this Act, the Roard shall have in make
Rejlulation>- addition 10 all othc:r pm'vcrs vested in it, the power to make regulations to provide for the admtni.trat1on and management of the affairs of the L rn\'ersit) .
(2) Jn parncular and without prejudice to the gencralit} of the foregoing powers. such regulation:. may provide for all or any of the following matters. namely:-
{ i) the summoning and holding of meetings of the authori1ies of the L.nivcr.;ny. other than the first meeting of the Board and the quorum and conduct of business at such meeting:
(ii) the powers and functions to be exercised and discharged by the Director GcnerJI;
(iii) the constitution, power.; and duties of the authorities. bodies and other committces of the l !ni\'er<;it). the qua.ifications and disqualifications for membership of such authoriti.:s. terms of office of the membership. appointment and removal of tm:mbcr thereof and other mnni:rs connected therewith;
(i\') the procedure to be followed by the Board and any committee or other body constituted by or under this Act or by the regulation in the conduct of the business, exercise of the powers and discharge of 1hc functions~
(v) the procedure and criteria to be followed in establishing courses of study and admission of students;
(vi) the procoourc to be followed for enforcing discipline in the L;niversity;
(vii) the managemen1 of the properties of the University;
(viii) the degrees. diplomas, certificates, and other academic distinctions and titles which may be conferred or granted by the University and
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PART-IV] GLJARAT GOVERNME'..'T GAZETTE. EX .• 31-7-2009 withdrawal or cancellation of any such degree, diplomas, certificates ar.d other academic distinctions and titles and the requirements thereof;
(ix) the conduct of examinations including the term oC office and appointment of examiners;
(x) the creation of posts of Directors. Professors. Associate Profc;sors, Assistant Professors, Readers. Lecturers or equivalent academic designations or posts. ofliccrs and employees of the Univcr:;ity. and the appointment of person~ to such posts including the requisite qualifications thereof;
(xi) the fees and other charges to h(! paid to the University for the courses, training. facilities and services provided by it;
(xii) the maimer and conditions for constirution of insurance, pension and provident funds and ~uch other schemes for the bt!nefits of officers, teachers and employees of the University;
(xiii) the terms and conditions for association of the l.;niversity with other institutions:
(xiv) the preparation of budget estimates and maintenance of accounts;
(xv) the mode of execution of contracts or agreements by or on behalf of the University;
(xvi) the classification and procedure for appointment of officers, employees and other staff of the University;
(xvii) the terms, and conditions and tenure of appointment. salaries :ind allowances, contractual services, rules of discipline and other conditions of service of the Oircctor of Research and Development, Director, other officers, teachers and employees of the University;
(xviii) the terms and conditions governing deputation of teachers. officers and employees of the University;
(xix) the powers and duties of·thc Director of Research and Development, Directors and other officers, teachers and employees of the University;
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. __ ..... --·· ..... . ••••• •• • " .,., •·• •T••••··-· ·• • 15-24 GLJARA T GOVER~MENT GAZEITE. EX., 31-7-:009 LP ART-IV
(xx) the tenns and conditions governing fellowsh ips. scholarships, stipends. medals and prizes;
(xxi) the authentication of the orders and the decisions of the Board; (xx ii) the matters relating to hostels and halls of residence and housing for iaculues. offic.:r.. and employees and guest house including disciplinary control thc:rein; and
(xxiii) all othc:: matter> which b> this Act are to be or may be p~ribed. Appoinu~.cn1 37. Notwithstanding anything contained in section 22. the first Registrar shall or Fn-.1
Rei:istrar. be app<>imed b) the State Go\•errunent as soon as practicable after the Trao.i1ory
pro"isions..
commencement of the Act for a period not exceeding three years and on such condi~ons a~ the State Government thinks fit
38. ;-/otwithstan
l:ndemitity. 39. '\o sun. prosecuuon or other legal proceedings shall lie against and no Power of
State
Covernmcnt
damage shall be claimed from the Univer~iry, tbe Director General, the Directors, the authorities or officers or employees of the University or an} other person in respect of anything which is done in good faith or purp0rting to be done m pursuance of this Act or any regulations made thereunder.
40. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazelle, make such 10 r~mon . . . . 'th th . . f thi A be
difficoltics. proV1s1ons not 10cons1stent WI e proVJSlODS o s ct, as may appear to necessary for removing difficulties:
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PARl-IVl Gl;JARAT GOVER~;1.1ESTGAlETII:... EX .. 3 -7-2009 Provided that no such order shall be made under this section after the expiry of two year~ from the date of commencement oflhis /\ct.
(2) Ev<.:ry order made under this section shall be laid. as soon as may be after it is made. before the State Legislature.
IV-Ex., 15-7
15-25
25
26