Extra No. 17 ©
~""'"" tEbe d9ujarat d9obernment 49a;ette
Vol. LIX]
EXTRAORDINARY
PUBLISHED BY AUTHORITY
MONDAY, OCTOBER 8, 2018/ASVINA 16, 1940 Separate 1»ging is given to this Part in order that it may be filed as a Separate Compilation.
PART JV
Acts of Gujarat Legislature and Ordinances promulgated and Regulations m,1cJe by the Governor.
Th.e following Act of the Gttjarat Legislan1re, having been assented to by the Governor on the 6" October, 2018 is hereby published for general information.
K. M. LALA,
Secretary to the Government of Gujarat, Legis lative and Parliamentary Affairs Department. GUJARAT ACI' NO. 16 OF 2018.
(First publ ished, after having received the assent of the Governot', in the "Gujara1 Government Gazelle''. on the 81h October, 20 I 8).
AN ACT
10 provide for establishment and incorporation of Bio1ech110/ogy University in !he Slate o/Gujarar and 1he mailers connecled therewith and incidental thereto.
It is hereby enacted in the Sixty-ninth year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1 . (I) This Act may be called the Gujarat Bioteclu1 0Jogy University Act, Short title and 2018. ('On11ncncenle11t, (2) h shall come into force on such date as the State Government may, by notification in the Official Gazelle, appoint. IV-Ex.-17 17-1
1
17·2 GUJARAT GOVER.l'JMENT GAZE1TE, EX. 08-10-20 18 [PART rv Defin itio ns. 2. Jn this Act, unless the context otherwise requires: -
E$tablishment and incorporation of Univer$ity.
(i) "Academic Council" means the Academic Council of the University constituted under section 15;
(ii) "Advisory Council" means the advisory council of the University constitu ted under section 17;
(iii) "Board" means the Board of Governors of the Uni versity constituted under section 12;
(iv) "Chainnan" means the Chairman of the University appoimcd under section IO;
(v) "Cotl1 percnt Atithority" means any person who is legally delegated or invested authority or power to perform designated functions in relation with the affairs of the University;
(vi) "Dean" means the Deans of the University appointed under section 26;
(vi i) "Di rector" mean the Directors of the University, o r of the Institutes or of the schools or of the Centers of the Universit)' appointed under section 25;
(vi ii) "Director Genernl" means the Direct<>r General of the University appointed under section 2 J;
(ix) "Finance Committee" means the Finance Committee of the University constituted under section 19;
(x) "prescribed" means prescribed by regulations;
(xi) "Registrar" means the Registrar of tbe University a1,pointed under section 24;
(xii) "Regulations" means the regulations of the University made under section 18;
(xi ii) "State Government" means the Government of Guj arat;
(xiv) "Student of the University" means a person enrolled in tbe University for studying for a degree, diploma or Olhcr academic distinction tmder the provisions of this Act;
(xv) "University" means the Gujarat Biotechnology University established and incorporated under the provisions of this Act;
CHAPTER IT
THE UNIVERSITY
3. ( l) l11ere shall he established a University by the name of the
"Gujarat Biotechnology University".
(2)The Chainnan, Director General, the Board, tl1e Academic Council, the
Advisory Council. the Oirectors, the Deans, the Regisa·ar and all other person!; '"h<.> 1nay here.after beco1ne such officers or n\e1nbers thereof so Jong as they
continue l <> hold such office or membersh ip, hereby constitute a body corporate b)' the n•me of the" Gujarat Biotechnology University''. (3)The University shall be a bod)' corporate by the name as aforesaid, having perpetual succession and common seal with power, subject to the provisions of this Act, to acquire and hold and dispose of propert)', to contract and shall, by the said name sue or be sued.
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PART lY] GUJARAT GOVERNMENT GAZETTE. EX. 08-10-2018
(4) In all suits and othel' legal prnceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedi11gs shall be issued lo, and be served on, the Registrar.
(5) The University shall be competent to raise loans on the securities of its assets and to contract and do all other things necessary for the purposes of this Act:
Prnvided that the, power to raise any such loan shall be exercised afte1· obtaining the previous permission of the State Government. 17-3
4. The headquarters of the university shall be at such place as the Headquarters of State Government may, by notification in the Official Gazelle, specify. un;vers;iy.
5. The University shall be deemed to be established and Objectsof incorporated for the following objects, namely: un;versity. ( i) lo create schools, centers and institutions of excellence for imparting State of the art product focused, research based, education and skill in the field of biotechnology and allied
sciences;
(ii) to create capabilities for developing world-class infrastructure, intellectual prope11y base and skill sets for education, ll'aining, research, product development and technology commercialization in biotechnology and allied
sciences;
(iii) to develop innovative methods for applied and translational research, teaching and skill at various levels of educational accomplishment so as to set high standards of practice based education in biotechnology and allied sciences;
(iv) to address the societal challenges of the State and the nation and to develop linkages with institutions of national and global repute and to create templates and models of coll aboration for interdisciplinary study and research to solve developmental problems using the tools and teclmiques of biotechnology and allied sciences;
( v) to create a platfo1111 for developing industry linkages delivering research solutions to society by catalyzing translational opportunities;
(vi) to function as a leading resource center for knowledge and development in the areas of biotechnology and allied sciences;
(vii) such other objects, not inconsi~tent with the provisions of tb.is Act which the State Government may, on application by the University, by notification in the Official Gazelle, specify in this behalf.
3
17-4
University open to all ir1espcctiv(' of s~x.
religion, class, creed, nationality or
opinion.
GUJARAT GOVERNMENT GAZETTE, EX. 08-10-2018 [PART IV
6. (1) No person shall be excluded from any office of the University or from membership of any of its authorities, bodies or committees, or from admission to any degree, d iploma or other academic distinction or course of study on the sole ground of sex, race. creed, caste, class, nationality, place of birth, religious belief or political or other opinionor any of them.
(2) It shall 1101 be lawful for the University to impose on any person any (est whatsoever relating to sex. race, creed, caste, class, nationalit)', place of bi1th, religious belief or profession of political or other opinion in order to ent itle 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 pri vilegc of the University or any benefaction thereof.
(3) No bequest. donation or transfer of any property shall be accepted by Un iversity which in the opinion of the Board, involves conditions or obligations opposed to the spirit and objects of the University. Powers and 7. Subject to the provisions of this Act, the University shall fun<1ions of exercise the following powers and perform the following ftmctions,
University. namely: ...
(i) to administer and manage the University and to establish such institutes, schools and centers for research, education and instfllctiort ns nre necessary for the fu1iheronce of the objects of the University;
(ii) to provide for instruction, training and research in areas and subjects pertaining to biotechnology and all icd sciences; (i ii) to develop innovative methods in teaching, research and development, and training in order to achieve international standards of such education, trainir\g, research and development;
(iv) to prescribe courses and curricula and provide for flexibility in the education systems and delivery methodologies including electronic and distance learning;
(v) to hold examinations and confer degrees, diplomas or grant certificates and other academic distinctions or titles on persons subject to such conditions as the University may determine, and to withdraw or cancel any such degrees, diplomas, certi ficaccs, or other academic distinctions or titles in the manner as may be prescribed;
(vi) to confer honorary degrees or other distinctions in the maimer as may be prescribed;
(v ii) to establish such special centres, schools, special ized study centres or other units for research and development as are, in
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PART IV J GUJARAT GOVERNMENT GAZETTE, EX. 08-10-20! 8 the opinion of the University, necessary for the fu1therance of its objects;
(vi ii) to provide for printing, reproduction and publication of research and other work and to organize exhibitions, workshops, seminars, conferences, etc.;
(ix) to sponsor, obtain sponsorship and unde11ake research in all aspects of bio1cchnology and allied sciences;
(x) to collaborate or associate with any educational or other institution with like or similar functions or activities; (x i) to develop and maintain linkages with educational or other institutions in any part of the world having funct ions or activities wholly or partially similar to those of the University, tlU'ougb exchange of teachers, students and scholars mid generally in such manner as may be conducive to their common objects;
(xii) to regulate the expenditure, manage the finances and to mai111.ain account~ of the University;
(xiii) to receive grants, subventions, subscriptions, donations and gifts for the purposes of tbc University and consistent with the objects for which the University is established and to enter into any agreement with the Central Goverrunent, the State Government, the University Grants Commission or other authori.ties or bodies for receiving any grants;
(xiv) to receive funds from the industries or from any other sources as g ifts, 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 hoste ls 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 residences and regulate the d iscipli ne of studcn1s 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 as may be prescribed;
(xvi ii) to institute and award fellowships, scholarships, prizes, medals and other awards;
(x ix) to purchase or to take on lease any land or building or works which may be necessary or convenient for the purpose of the Univcrsit)' on such terms and conditions as it may think fi t and proper and to construct, alter and maintain any such buildings or works;
17-5
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17-6 GUJARAT GOVERNMENT GAZETTE, EX. 08-10-2018 [ PART rv
(xx) to sell, exchange, lease or otherwise dispose of all or any portion of the properlies of the University, movable or immovable, on such terms as it may think fit, consistent with the interest, act ivities and objects of the University after taking prior permission of the State Governrncnt;
(xxi) to draw and accept, to make and endorse, to discotmt and negotiate Government promissory notes and other promissory notes, bills of exchange, cheques or other negotiable instrumen~;
(xxii) to raise and borrow moneys on bonds, 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 and upon such tenns and conditions as it may think fit and to pa)' out of the funds of the University, all expenses incidental to the raising of moneys, to repay and redeem any money borrowed after taking prior permission of the State Government;
(xxii i) to invest the funds of the University in or upon such securities and transpose any in vestment from time to time in such manner as it may deem fit in the interest of University;
(xxiv) to execute conveyances regarding transfers, mm1gages, leases, licenses, agreements and other conveyance in respect of the property, movable or immovable including Govcnunent securities belonging to the University or to be acquired for the purpose of the University after taking prior permission of the State Government;
(xxv) to admit the students for the courses offered by the University in the prescribed rnaru1cr;
(xxvi) to create academic; technical, administrative, ministerial and other posts and to make appointments thereto;
(xiwii) to regulate and enforce discipline among the employees of the University and to provide for such disciplinary measures as may be prescribed;
(xxviii) to institute professorships, associate professorships, assistant profossorships, readerships, lectureships, endowed
professorship, honorary professorships, adjunct professorships, emeritus professors and any other teaching, academic or research posts and to prescribe quali fications for them;
(xxix) to appoint persons as Directors, Deans, Professors, Associate Professors, Assistant Professors, Readers, Lecturers, Adjunct Profossors, Registrar, or otherwise as teachers, researchers and other categories of employees as decided by the competent
authority;
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PART IV] GUJARATGOVERNMENTGAZEflE. £X. 08-10-2018
(xxx) to develop and maintain relationships with teachers, researchers and experts in the domains of development of tecluiologies related to Biological Sciences or involving Biological Sciences for achieving the objects of the University;
(xxxi) to enter into partnerships, agreements, arrangements, service deli very agreements with other national or inte rnational Universities or Institutes of repute for faculty exchange or for collaborative research or, for service agreement for academic instructions as service for knowledge, ski II development, research and innovation subject to prior approval of the Government of Gujarat;
(xxxii) to enter in to partnerships, agreements, arrangements, service delivery agreemencs with industry or corporations for sponsored or contract research, and for commercialization and further development of technologies subject to such intellectual prope1ty sharing arrangements as may be prescribed by general or special regulations by the Board;
(xxxi ii) to set up and operate, or acquire on rental basis or through lease infrastructure and research and development related facilities for the needs of the students and the faculties for the fu11herance of the objectives of the University;
(xxxiv) to set up and operate incubation centers for startups, technology development cell, research park providing colocation research and development facilities for industry and corporations and other institutes;
(xxxv) to setup and operate animal houses, green houses, plant herbaria, veterinary and medical facilities, bio·banking, gene banking, biosafety facilities, and olher incidental facilities to support high tech biotechnology translational and product focused ed ucation and research;
(xxxvi) 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.
CHAPTER UI
AUTHORITIES AND OFFICERS OF UNIVERSITY
Aothotities of 8. The following shall be the authorities of the University, namely: - th• Univrnity. (i) the Chairman;
(i i) the noard of Goven1ors;
(iii) the Academic Council;
(iv) the Advisory Council;
(v) the Finance Committee; and 17-7
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17-S GUJARAT GOVERNMENT GAZETTE, EX. OS- l0-2018 [PART IV
(vi) such other authorities as may be specified by regulations to be the authorities of the University.
Officers of the 9. The following shall be the officers of the University, namely: - Univc
(ii) the Directors
(iii) the Deans
(iv) the Registrar, and
(v) such other persons associated with the functions of the University as may be speci fled by regulations, to be the officers of the University .
Chairman. 10. ( I) The Chairma11 of the University shall be appointed by the State Govemn1ent, who shall be an eminent educationalist or technologis t or scientist or industrialist or administrator; and be associated with education, phila1 tbropy, research and development, industry or business development or adminis tration in the State services. corporations or public bodies.
(2) The Chairman shall hold office for a period of three years and shall be eligible for re-nomination.
(3) The other terms, cond itions and process o f appoincmcnt o f chc Chaim1an shall be such as may be decided by the State Government.
(4) Where a vacancy in the office of the Chairman occurs on account of death, resignation or otherwise, the State Government shall appoint as soon as possible, a suitable person to be the Interim Chairman of the University for such period as may be decided in such order in accordance with the provision of sub-section ( I).
(5) The Chairman may resign from hi s office by writing under his hand addressed to the State Goverrunem and such resignation shall take effect from the date of acceptance by the State Govermnent. J 1. (I) The Chairman shall preside over the meetings of the Board and at the convocation of the University.
(2) The Chairman shall exercise such other powers and perform such other duties as may be assigned to him by or under this Act or regulations made thereunder.
(3) The Chairman shall have, subject to the pwvisions 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, hostels, libraries, equipments and systems and processes and of any institution or center or
Powers of Chairman.
8
PART IV l GUJARAT GOVERNMENT GAZETTE, EX. 08-10-2018 17-9
Powers and functions of Board.
school maintained by Lhe University, and also of the examinations, teaching, research and other work conducted or done by the Univcr,;ity and to cause an inquiry to be made in like maruJer in respect of any maner C01UJected with the administration, academic affairs and finances of the University.
12. (J) The Board of Governors of the University shall consist of Bo•rdof following members, oamely: Governors.
(i) the Chairman of University; (i i) the Chairman of the Advisory Council;
(iii) the Director General;
(iv) the Secretary to the Goverruuent of Gujarat, Department of Science and Technology, ex-officio;
(v) the Secretary to the Government of Gujarat, lligher and Technical Education, Education Department, ex-officio;
(vi) ihe Secretary to the Goventll1ent of Gtijarat, Finance Department, ex-officio, to be nominated by the Finance Department;
(vii) the Mission Director, Gujarat State Biotechnology Mission, ex-officio;
(viii) the Director, Gujaral Biotechnology Research Cemcr, ex- officio;
(ix) one Vice-Chancellor or ex-Vice-Chancellor of the State 01· National University or a Director or equivalent of the Institute of national repute, to be nominated by the Doard;
(x) two expert academicians, to be nominated by the Board;
(xi) three experts representing other disciplines such as finance, legal, management, science or industries, to be nominated by the Board; and
(xii) in the event of the University having a significant collaborative partnership for academics or research with any University or institutions or school or center of repute, two nominees of such partnering University or institution or center.
(2) The first time nomination of members listed at serial no (ix), (x), (xi) shall be done by the State Government.
(3) TJ1e Registrar shaU be the Secretary of the Board.
13. (!) Subject to the prnvisions of this Act, the Board shall be responsible for the general superintendence, d irections and the control of the affairs of the University and shall exercise all the powers of the University, and shall have Lhe power to review the acts of the Academic Council, Finance Committee and other committees or authorities constituted by the University.
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17-10 GUJARAT GOVERNMENT GAZE'ITE, EX. 08-10-2018 (PART JV
(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 questions of policy relating to the administration and working of the University;
(ii) to institute courses of study at the University;
(iii) to lay down pol icies to be pursued by the University;
(iv) to make regulations;
(v) to consider and approve the annual report and the annual budget of the University for every financial year;
(vi) to invest moneys and fonds of the University and take decision on the recornrncndat ion of the Finance Committee;
(vii) to create or abolish posts of teachers, officers and other 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;
l ix) to appoint Director General;
(x) to decide and approve partnerships, commercial arrangements with other legal entities in furtherance of the objectives of the University
(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 all such other powers and functions for achieving the objectives of the University.
(3) The Board ma)' delegate any of its powers (except power to make regulations) to the Director General, Directors, Deans, Registrar or any other officer, employee or authorit)' of the University or to a committee appointed by it.
14.(1) Save as otherwise provided in this section, the term ofa member of the Board nominated under sub-section (1) of section 12 shall be three years from the date of his nomination, and such member shall be eligible for re-nomination
(2) A member nominated under sub-section (I) of section 12 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.
IS. (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, have the control and regulation of, and be rcsp-0nsiblc for, the maintenance of standards of instruction, education, research and evaluation within the University.
(2) The Academic Council of the University shall consist of the following members, namely: -
Term of office and vacandc-s amongst
members of Board and ;i ltO\V:lnCO.$. c:.te. Academic
COvncll.
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PART rv l GUJARAT GOVERNMENT GAZETTE, EX. 08-10-2018
Powers and functions of academic council. Advisory Council.
( i) the Director General. who shall be the Chairman of the Council;
( ii) three academicians or professionals , to be nominated by the Board;
(ii i) the Directors,
(iv) the Deans,
(v) two faculty members from the programs being run at the University camp11s, to l>e nominated by the Board,
(vi) one faculty of each University School., to be nominated by the Director General.
(3) The Registrar shall be the Secretary of the Academic Council. ( 4) The te rm of office of the members other than the ex-officio members, shall be three years and shall be eligible for re-nomination.
(5) Any nominated member ma)' resign from his office by writing under his hand addressed to the Chairman of the Board and his resignation shall take effect from such date it is accepted by the Chairman of the Board.
16- Subject to the prov1s1ons of this Act and the regulations, the Academic Council shall have the following powers and functions, namely : -
(i) to exerc ise control over the academic policies of the University and be responsible for the maintenance and improvement of standards of instructions, education, research and evaluation in the U niversity; (i i) to cons ider matters of general academic interest either on its own initiative or on a reference from the fac11lti.cs/officcrs of the University or the Board and to iake appropriate action thereon;
(i ii) ro recommend to the Board, such regulations as are consistent with this Act regarding the academic functioning of the University including discipline of s tudents; and
(iv) to exercise such other powers and perform such other functions as may be conferred upon it by the regulations.
17. (l ) The Advisory Counci l of the University shall coosist of the following members. namely:
( i) the Chairman;
( ii) the Director General;
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17-12 GUJARAT GOVERN!vfENT GAZE1TE, EX. 08-10-2018 (PART IV
(iii) five academicians or research scientists of national or global eminence, to be nominated by the Board;
(iv) two leading members from biotech industry or industry associations having national or international operations nominated by the Board;
( v) Directors;
(vi) two faculty members from the programs being nln at the University campus, to be nominated by the Board.
(2) The Registrar shall be the Secretary of the advisory council.
(3) The term of the nominated members of the Advisory Council shall be for a period of three years from the date of constitution. The other terms and conditions of the members of the Advisory Council shall be such as may be determined by the regulations.
(4) The Chairman of the Advisory Council shall be appointed by the State Govenunent, who shall be an eminent educationalist or technologist or industrialist or administrator having vision for research or innovation; and be associated with education, philantlu·opy, industrial or business development or administration in the State services, corporations or public bodies.
(5) i\n)• nominated member may resign from his office by >Vriting under his hand addressed to the Chainnan of the Advisory Council and his resignation shall take effect from such date it is accepted by the Chairman of the Advisory Council.
(6) The other terms mid conditions, including remtmeration for the members of the Advisory Counci l shall be such as may be decided by the Board.
18. The Advisory Council shall advise the Board in relation to:
(i)
(ii)
matters related to research focus, infrastmctlU'e mid campus development, internationaliwtion of rhe activities and programs, technology enhanced curriculum and pedagogy, teclmology commercialization, intellectual property rights policy, protection of inventions, and licensing of University-owned technology, procedures and functions; matters of strategic vision, direction and partnerships for the University, global and national tic ups, research col laborations at institution level, program diversification.
19. (I) TI1e Finance Committee shall consist of the following members, namely:-
(i) the Director General, who shall be the Chairman of the Committee;
Power$ and function.s of advisorv
council. Finance committee.
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PART IV J GUJARAT GOVERNMENT GAZETl'E, EX. 08-10-2018
POWC($ and functions of finanoo
committee.
(ii) one member of the Board, to be nominated by the Board; (ii i) one Direccor or Dean of the University, to be nominated by the Director General;
(iv) one Director from each of non-co-located schools or centers or institutions affiliated to the Univcrsiry;
(v) the Secretary to the Govenunent of Gujarat, Finance Department, ex-officio, to be nominated by the Finance Department;
(vi) the Secretary to the Government of Gttjarat, Department of Science and Technology, ex-Qfficio; and
(vii) one expert in the field of finance, to be nominated by the Board.
(2) The Registrar shall be the Secretary of the Finance Committee.
(3) The term of office of the members other than the ex-officio members shall be three years.
(4) Any nominated member may resign from his office by writing under bis hand addressed to the Chairman of the Finance Committee and his resignation shall take effect from such date it is accepted by the Chairman of the Finance Committee.
20, Subject to other provisions of this Act, the Finance Committee shall exercise the following powers and perform the following functions, namely:-
(i)
(ii)
(iii)
to examine the am1ual accounts and annual budget estimates of the University, its schools or institutions or centers and advise the Board thereon;
to review from time to time the financial position of the University;
to make recommendations to the Board on all financial policy matters of the University;
(iv) to make recommendations to the Board on all proposals involving raising of funds, receipts and expenditure;
(v) to provide guidelines for investment 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 expenditure in excess of the amount provided in the budget needs to be incurred;
(vii) to examine all proposals relating to the revision of pay- scales, up gradation of the scales and those items which arc not included in the budget prior to placing before the Board; (vi ii) to approve the expenditure of the University to the extent and manner as may be prescribed;
(ix) to decide the principles of financial delegation and recommend to the Board;
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17- 14
Director General.
GUJARAT GOVERNMENTGAZE1TE, EX. 08-10-2018 ( PART TV
(x) to decide the principles of procurement process and rcconunend to the Board; and
(xi) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by the regulations.
21. (l) The Director General shall ti<: appointed by the Chairman with the prior approval of the State Govenunem, through a process wherein the Board shall recommend a panel comprising of up to three names based on the recommendations of a Search-cum-Selection Committee constituted by tbe Board in the manner as may be prescribed by regulations.
(2) The Director General shall be an eminent educationalist or technologist or scientist or administrator having vision for science, technology, research and innovation; and be associated with education, philanthropy, research and development or administration in the State services, corporations or pub I ic bodies.
(3) The Director General shall preside over the meetings of the Academic Counci l and the Finance Committee. ( 4) The term of office of the Director General shall be for a period of five years or ti ll he attains the age of sixty-five years, whichever is earlier.
(5) WhencveJ any vacancy occurs in the office of the Director General and it catmot be conveniently and expeditiously filled up in ace-0rclance with the provisions of sub-sections (I) and (2) and if there is any emergency, the Board may appoint any suitable person to perform duties of the Director General and may, from time to time, extend the term of such person for a period not exceeding one year.
(6) The Director General may resign from his office by writing under his hand addressed to the Chairman of the Uni versity and his resignation shall take effect from such date when it is accepted by the Board.
(7) Notwithstanding an)·thing contained in any other clauses of this section, the Chairman may on rccommendatio11 of the Board, remove from the office the Director General if he-
(i) is adjudged an insolvent; or
(ii) has been convicted of an offence which, in the opinion of the Board, involves moral turpitude; or
(iii) engages during his tenu of office in any paid employment outside the duties of his ofl:icc; or
(iv) is, in the opinion of the Board, unfit to continue in office by reason of infirmity of mind or body; or
(v) has acquired such financial or other interest as is likely to affect prejudicially bis functions as the Director General.
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PART IV] GUJARAT GOVERi'lMENT GAZETTE, EX 08· I 0·20 18
Emergency powers o f Director General,
(&) The other tenus and conditions of the services of the Director General shall be such as may be prescribed by the Board.
22. Without prej udice to the generality of the provisions of this Act, the Director General shall: •
(i) exercise general supervision and control over the day to day affairs of the University;
(ii) preside over al the meetings of the Academic Council and the Finance Committee;
(iii) ensure implementation of the decisions of the aulhorities of the University;
(iv) ensure that the provisions oftbis Act and the regulations are faithfully followed;
(v) be responsible for imparting of instmction and maintenance of discipline in the University; and
(vi) exercise such other powers and perfonu 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 Chairman or any committee of the University.
23. (I ) Where any matter is of urgent nature requiring immediate aclion and the same cam1ot be immediately dealt wilh 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 fi t 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 matter to the Board which may either confirm the action taken by the Director General or the same or modify it in such manner as it thinks fi t, and thereupoo the action shall cease to have effects or, as the case may be, shall take effect in such modified form so however such ffiO(lification or aimulment shall be without prej udice to the validity of anything previously done by or under the order of the Director General.
(2) Where the exercise of the power by the Director General under subsection (I) involves the appointment of any person, such appointment shall be confirmed by the competent authority empowered to approve such appointment in accordance with the provisions of this Act and the regulations, not later than six months from the date of order of the Director General, otherwise such appointment shall cease to have effect on the expiration of a period of six months from the date of order of the Director General.
17-15
Po\vers and functions of Director General.
15
17-16 GUJARAT GOVERNMENT GAZEITE, EX. 08-10-2018 [PART JV Reg;strar. 24. ( I) The Registrar shall be appointed by the Board in such manner and on such rcm1s and conditions as may be prescribed.
(2) 'Ille Registrar shall : -
(i) be responsible for the custody of records, common seal, the funds of the University and such other property of the University;
(ii) 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) be responsible to the Director General for the proper discharge of his functions;
(iv) be responsible for the administration and services of the University; and conduct the examinations and make all other arrangements nece-~sary thereof and be responsible for the execution of all processes cormeetcd therewith;
(v) attest and execute all documents on behalf of the University;
(vi) verify and sign the pleadings in all suits and other proceedings by or against the Un iversity and all the processes in such suits and proceedings shall be issued to and served on the Registrar; and
(vii) exercise such other powers and perform 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 or any oflhe authority of the University.
25. (I) The Directors of the University or Institute or School or Center Directors. shall be appointed by the Director General, with the approval of the Board in such maruier and 01\ such terms and conditions as may be prescribed.
(2) The qualifications and other terms and conditions of the Directors shall be such as may be prescribed by the regulations.
(3) The Directors shall assist the Director General in managing the academic, administrative and other affairs of the University Departments, University Schools and shall exercise such powers and perform such functions as may be prescribed or entrusted to them by the Director General.
26. (!) The Director General, with the approval of the Board, shall Dean<. appoint the Deans of the University from amongst the faculties of the University.
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PART 1V] GUJARAT GOVERNMENT GAZ£1TE, £X. 08-10-20 18
oelcgatlon of pOwt:t:>. Conferment or degrees, diplomas and honorary degrees, grant of certificates by University. W ithdrawal o f the degree or diploma and other
academic
dist.inction. University Fund.
(2) The Deans shall assist the Director General and respective Directors of University Schools in managing the academic and other affairs of the University, University Schools and shall exercise such powers and perfo1m such functions as may be prescribed or entrusted to them by the Director General.
27. Subject to the provisions of this Act and regulations, any officer or authority of the Universi1y may, by order, delegate his or its powers (except the power to make regulations) 10 any other officer or authority under his or its control.
28. Notwithstanding anything contained in any other State Jaw for the time being in force, the University shall have powers to confer degrees, diplomas, honorary degrees, grant certificates and other academic distinctions or titles as approved by the Board on such terms and conditions, as may be prescribed.
29. Notwithstanding anything con1ained in the Act, the University shall have power to withdraw degrees, diplomas, certificates and other academic distinctions for good and sufficient reasons.
CHAPTER TV
FINANCE AND ACCOUNTS
30. (I) The University shall establish and maintain a Fund 10 be called the Uni versity Fund consisting of-
(i) any contribution or grants or loans by the State and the Central Government;
(ii) the income of tbe University from all sources including income from fees and other charges;
(iii) all moneys received by the University by way of grants, loans, gifts, donations, benefactions, bequests, transfers or endowme1\!s and other grants, if any;
(iv) all moneys received by the University from the collaborating industry in terms of the provisions of the Memorandum of Understanding entered between the University and the industry, for establishment of the sponsored chairs, fellowships or infrastructure facilities of the University; and
(v) tl1e moneys received by tl1e University in any other manner or from any other sources.
(2) All moneys credited to the fund of the University shall be deposited in such Banks or the surplus fund shall be invested in such maimer as 17-1 7
17
17-18
38 of 1949.
GUJARAT GOVERNMENT GAZETTE, EX. 08-10-2018 [PART IV the Board, on the recommendation of the F inance Committee, decide~ from time to time.
(3) The University Fund shall be applied towards the expenses of the University including expenses incurred in the exercise of its powers and discharge of its functions under this Act .
(4) No money froJ\1 the Universit)' shall be spent except as otherwise provided for meeting its objectives.
31. ( l) The University shall maintain proper acco\lnts and other relevant Accounts, aud;1 records and prepare an annual statement of accounts, including the and annual report. income and expenditure and the balance sheet, i11 such fonn and in such manner as may be prescribed.
(2) The University shall adopt a proper system of internal checks and balances and controls in the discharge of its financial. accounting and auditing functions as may be prescribed.
(3) The accounts of the Uni versity shall be audited ever)' year by an auditor, who shall be a Chartered Accountant or a firm of Chartered Accountants as defined in the Chaiiered Accountants Act, 1949 to be appoimcd by the Board.
(4) The accounts of the University certified by tbe person or firm so appointed or any other person allthorized in this behalf together with the audit report thereon shall be placed before the Board and the Board may issue such instructions and directions to the Director General in respect thereof as it deems fit and the Director General shall comply with such instnictions and directions.
(5) The accounts of the University shall be audited by an internal aud itor who shall be Chartered Accountant or a firm of Chartered Accountants appointed by the Board, to ensure concurrent audit of a ll books of accounts and such periodic internal audit repo11s shal l be placed before the Board for review.
(6) The University shall prepare for each financial year an annual report containing such particulars as the Board may specify and submit the same to the Board on or before such date as may be prescribed. The J3oar
(7) The copy of the annual repo11 along with the resolution of the Board thereon shall be submitted to the State Government.
32. (I) The University shall, with the approval of the Board, constitute for the benefit of its officers, teachers and other employees, in such
Pension, provid~nt
fund and insurance.
18
PART IV] GUJARAT GOVERNMENT GAZETTE, EX. 08-10-2018
Act and proceedings not to be invalidated by vacancies. Return and information. Officers and employees to bo public servant. Dismissal,
removal, reduction or term ination o f services of staff of University.
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 establisbmc.ot and supp01t of the associations, institutions, funds, trusts and conveyance calculated lo the benefit of the officers, teachers and other employees of the University.
(2) Where any such providem fund has been constituted, the provisions of the Provident Funds Act, 1925 shall apply to Sllch fond as if it were a Government Provident Fund.
CHAPTER V
MISCELLANEOUS
33. No act or proceedings of the Board or any authorit)' of the University or any committee constituted under this Act or by regulations shall be questioned on the ground merely of the existence of any vacancy in or defect of, in the constitution of such Board, authority or committee of the University.
34. The University shall furnish to the State Government, University Grants Commission and other statutory authorities, such reports, returns, statements and other information as may be required by them from time to time.
35. Every officer, teacher and employee of the University shall be deemed to be a public servm1t within the meaning of section 21 of the Indian Penal Code.
Explanation: - For the purpose of this section, any person, who is appointed or, as the case may be, nominated by the University for a specified period or a specified work of the University or, who receive
36. ( I) No officer or employee or member of the teaching, non-teaching and other academic staff of the University shall be dismissed or removed or reduced in rm1k except after an inquiry in which he has been informed of the charges against him and g iven a reasonable opportunity of being heard in respect of those charges.
(2) An appeal against an order of dismissal, removal or reduction in rank ltl1der sub-section (I ) or of termination of service shall be made to the 17- 19
19 of 192S.
45 of 1860.
19
17-20 GUJARATGOVERNMENTGAZETlE, EX. 08-10-2018 I PART IV Chairman within ninety days from the date of communicatioa of such order and the decision of the Chairman in such appeal shall be final.
37. The State Government shall have power to issue directions from time to time as may be required for compliance of the provisions of this Act. the regulation made thereunder and any other law for tbc tirnc being in force and the University shall be bound to comply with such directions.
PO\ver to give dlrcc.tions.
38. (I) Subject to the provisions of this Act, the Board shall have, in Power to m•k• addition to all other powers vested in it, the power to make regulations regulations. to provide for the administration and management of the affairs of the University.
(2) In particular and without pre.iudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely: ·
(i) the summoning and holding of meetings of the authorities of the University, other than the first meeting of the Board, and the quorum and conduct of business at such meeting;
(ii) the other powers and functions to be exercised and discharged by the Chairman, Director General, Directors and Deans and other officers of the University;
(iii) the constitution, powers and duties of the authorities, bodies and other committees of the University, the qualifications and disqualifications for membership of such authorities, tem1 of office of the membership, appointment and removal of members thereof and other matters connected therewith;
(iv) the other powers and functions to be exercised and discharged by the Advisory Council, Academic Council, l~inance Committee and other authorities which may be constituted;
(v) to approve the expenditure of the University to the extent and in the manner by the Finance Commiuee;
(vi) the procedure to be followed by the Board and any Committee or other body constituted by or under this Act in the conduct of the business, exercise of the powers and discharge of the functions;
(vii) the procedures and criteria to be followed establishing courses of study and admission of students;
(viii) the proced\lre to be followed for enforcing discipline in the University;
(ix) the management of the prope11ies of the University;
(x) the degrees, diplomas, certificates and other academic distinctions or titles which may be conferred or granted by the University and withdrawal or cancellation of any such
20
PART IV] GUJARAT GOVERNMENT GAZETTE, EX. 08-10-2018 degrees, diplomas, certificates and other academic distinctions or tilles and the requirements thereof; and lo confer honorary degrees or other distinctions in the prescribed manner;
(xi) the conduct of examinations including the term of office and appointment of examiners, controller of examination;
(xii) the creation of posts of Directors, Professors, Associate Professors, Assislant Profossors, Readers, Lecturers 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;
(xiii) the fees and other charges to be paid to the University for the courses, training, facilities and services provided by il;
(xiv) the maimer ar1d conditions for constitution of iosurance, pension and provident funds and such other schemes for the benefits of officers, teachers and other employees of the University;
(xv) the terms and conditions for association of the University with other institutions;
(xvi) the preparation of budget estimates and maintenance of accounts;
(xvii) the mode of execution of contracts or agreements by or on behalf of the University;
(xviii) the classification Md procedure for appointment of officers, employees Md other staff of the University;
(xix) the tenns, conditions and tenure of appointments, salaries and allowances, contractual services, rules of discipline and other conditions of service of the Director General, Director, officers, teachers and other employees of the Universit)';
(xx) the terms and conditions governing deputation of officers, teachers and other employees of the University; (xx i) the powers and duties of the Director General, Director and other officers, teachers and employees of the University;
(xxii) the terms and conditions governing fellowships, scholarships, stipends, medals and prizes;
(xxiii) the authentication of the orders and the decisions of the Board;
(xxiv) the matters relating to hostels Md halls of residence and housing for faculties, officers and employees; guest house, libra1•, reading rooms, sporting facilities, medical and health facilities, facilities for benefit of students and of officers of the University including disciplinai)' control thcrcrn; and
(xxv) all matters which, by this Act, are to be or may be prescribed.
I 7-2 l
21
17-22
Appointment of first Regi.strar.
GUJARAT GOVERNMENT GAZETTE, EX. 08-10-2018 [PART IV
39. No suit, prosecution or other legal proceeding shall lie against and no damage shall be claimed from the Oniversitv !he Chairman the , , ' Director General, the Directors, the authorities or officers or employees 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 any regulations made thereunder.
40. (1) !f any difficulty arises in giving effect 10 the provisions of this Aot, the State Government may, by order published in the Official Gazelle, make such provisions not inconsistent with the provisions of this J\c(, as may aPJ>ear to be necessary for removing difficulties. Provided that no such order shall be made under this section after the expiry of five years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.
CHAIYI'ER VJ
TRANSITORY PROVISIONS
41. Notwithstanding anything contained in sections 10 and 12, the State Government shall appoint the first Chairmru1 and other members of the Board, as soon as practicable after !he commencement of this Act for a period not exceeding tlu·ee years on such terms and conditions as the State Government thinks fit, who shall exercise all the powers and discharge all the functions o f' the Board.
42. (I) Notwithstanding anything contained in section 21, for a period of not exceeding three yeru·s immediately after coming in to force of this Act, the State Govenunent shall have the power of appointing the first Director General on such terms and conditions as !he State Government thinks fit, and such appointed person shall exercise all the powers and discharge all the functions of the Director General.
(2) The first Director General may, with the prior approval of the first Chairn1ru1. and subject to availability of the funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and the regulations made thereunder and for that purpose, may exercise any powers or perform any duties which by or under this Act and regulations made thereunder are to be exercised or performed by any authority of the University until such authority corncs into existence in accordance witl1 the provisions of this Act and 1he regulations made thereunder.
43. Notwithstanding anything contained in section 24, the State Government shall have the power of appointing the first Registrar for a
Indemnity Power to remove difficulties. Appointment of first Chairman and members of the Board.
Appointment of first Director General.
22
PART IV) GUJARAT GOVERNl'vlENT GAZETTE, EX. 08-10-2018
Appointment of first Chairman and other member$ of Advisory Council.
period of not exceeding three years after the commencement of this Act on such terms and conditions as the State Government thinks fit, and such appointed person shall exercise the powers and discharge the functions of the Registrar.
44. Notwithstanding anything contained in section I 7, the State Government shall appoint the first Chairman and other members of the Advisory Council for a period of three years, on such tenns and conditions as the State Government thinks fit, who shaU exercise all the powers and discharge a ll the functions of the Advisory Couticil.
GOV£RliMENf Q-NHIAt PRESS, GANfJKINAGAf(.
17-23
23
