Gujarat act 008 of 2009 : The Gujarat Private Universities Act,2009.

(h) to carry out teaching and research and offer continuing education programmes;

(i) to create centres of excellence for research and development and for sharing knowledge and its application;

(j) to provide consultancy to the industry and public org:m.isations;

(k) to establish main campus or infrastructure in the State of Gujarat necessary for the furtherance of its objects;

(I) to establish examination centers;

(m) to confer degrees, diplomas, grant certificates and other academic distinctions on the basis of examination or any other method of evaluation subject tO the guidelines of the UGC;

(n) tO develop training facilities in the field of ltigher education;

(o) to provide for arrangement for national and global participation in the field of higher education;

(p) to develop educational programmes for certificates, diplomas, degrees and post-graduates courses, doctorate degrees and post- doctoral programmes and to maintain a high stand:Ird of education, TV-Ex .. -9-2

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(q) to ensure that the standard of the degrees, diplomas, certificates and other academic distinctions arc not lower than those la id down by AlCTE, NCTE, UGC, MCI and Pharmacy Council, and any other similar agency established by the Central Government for regulating the standard education;

(r) to establish close linkage wi!h !he industry. busin<.:Sl>. educational institutions and other sections of the society to make teaching, research, training, documentation. publication. use of various media and outreach activities at the University relevant to the needs of the University and society, at national and international level:

(s) to pursue any other objectives as may be approved by the State Government:

Provided that notwithstanding anything contained in this Act and save as provided in any Central Act, the University shal l be eligible to undertake the functions or disseminating of knowledge only in the fields for which the State Government has issued letter or intent or in the fields subsequently approved by the State Government.

Po,vcf'\ anti S. The University shall exercise the follov1:ing powers and perform the function~ or following functions. narnely:-

Uni,cr\ity.

(i) to administer and manage the University. establish, administer and manage its constituent colleges and ccnlrc~ for research, educalion. training, extension and outreach including continuing education, distance learning and e-Jeaming at iL~ campus within the State of' Gujarat;

(ii) to provide for research, higher educa1i o11. professional education, teaching, training, exlcnsion and outreach including continuing education. distance learning and e-Jearning in lhe fields of science, technology. humanities. social sciences, education, management. commerce. law, pharmacy. healthcare and any other fields:

(iii) to conduct innovative experiments in educational technologies. teaching and learning methods, to collaborate with national and international institutions and to offer joint programmes with such institutes to constantly improve the delivery of education and to achieve inlcmational standards of education;

(iv) to prescrihc courses, curricula and methodologies including electronic and distance learning and provide for flexibi lity in the delivery of education.

(v) to hold examinations and confer degrees, diplomas or grant certi.licalc~ and other academic distinctions or titles on persons

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(vi) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes:

(vii) to establish schools, centers, institutes, colleges and conduct the progmmmes and courses of study as are in the opinion of the University. necessary for the furtherance of its objects:

(viii) to declare as a constituent college any college. centre institution imparting education as arc in the opinion of the university, necessary for the further..tnce of its objects or to establish a new constituent college, centre institution for the purpose:

(ix) to provide for printing. publication and reproduction of research. t.-ducational material and other works and to organiz.e exhibitions. conferences, workshops ana seminars;

(x) to cstablish knowiedgc resource centre:

(xi) to sponsor and undertake research and educational pro1..>r::unmes in the fields of science. technology. humanities. social sciences. education. management, commerce. law. pharmacy. healthcare and any other allied areas;

(xii) to collaborate or associate with any educational institution with likt: or similar objects;

(xiii) to establish campuses including virtual campus for the purpose of achieving the objectives of the University;

(xiv) to undertake research and lo obtain registration in 1cspect ofs uch research in the nature of patents, design rights and SHch or similar rights with the competent authorities;

(xv) to maintain linkages and collaborate with educational or other institutions in any part of the world having objects whoTly or partially similar to those of the University. through exchange of students, researchers, faculty and staff and generaH) in such manner as may be conducive to their common objects:;

(xvi) to render services of research, training, consultancy and such oilier services as required for the purposes oft he Uriiv.crsily:

(xvii) to develop and maintain relationships \vith faculty. 7CSCal'chers. administrators ane domain experts in science. technology. hwnanities. social sciences, education, management, law,

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(xviii) to regulate the expenditure and to manage the finances and to maintain the accounts of the University;

(xix) to receive funds, movable and immovable properties, equipments, software and other resources from business, industry, 01her sections of society, national and international organization or any other source by transfers or as gifts, dolllltions, benefactions or bequests for the purposes and objects of the University;

(xx) to establish, maintain and manage halls, hostels for students and quarters for the residence of faculty and staff;

(xxi) to const.ruct. manage and maintain centers. complexes, auditorium, bui ldings. stadium for the advancement of sports, cultural, co-curricular and extra- curricular activities;

(xxii) to supervise and control the residence and regulate the discipline of students, faculty and staff of the University and to make arrangements for promoting their health, general welfare, social and cultural activities;

(xxiii) to fix, demand and receive or recover foes and such other charges as may be prescribed by the Statutes;

(xxiv) to institute and a"'ard fellowships, scholarships, prizes, medals and other awards;

(xxv) to purchase or to take on lease or accept as gifts. bequests, legacies or otherwise any land or building or works which may be necessary or eonvcnient for the purpose of the University and on such tcnns and conditions as it may think lit and proper and to construct or a lte r and maintain any such building or works;

(xxvi) to sdl, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovabfe, on such terms as it may think fit and consistent with the interest, activities and objects oft he University;

(xx vii) to draw and accept, to make and endorse, to discount and negotiate promissory notes. bills of exchange, cheques and other negotiable instruments;

(xxviii) to raise and borrow money on bond, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities and upon such terms and conditions as it may think fit and to payout of the funds of the University, all expenses

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(xxix) to mvest the funds of the University in or upon such securities and tran~'Pose any investment from time to time in such manner as it may deem fit in the interest of the Univcr.;ity;

(xxx) to execute conveyances regarding transfers, mortgages, leases, licenses, agreemcntS, and other conveyances in respect of property, movable or immovable including Government securities belo:Jging :o the University or to be acquired for the purpose of the University.

(xxxi) to admit students for the courses offered by the University in the manner prescribed by the Ordinances;

()()(Xii) to create academic. technical. ldministrative, ministerial and other posts prescnbing qualifications by the Ordinances and to make appointments thereto;

(xxxiii) to regulate and enforce discipline among the students, employees of the University and to provide for such disciplinary measures as may be prescribed by the Regulations;

(xxxiv) to institute professorships. associate professorships, assistant professorships, readcrshi ps. lecn1rcships, and any other teaching, academic or research posts and to prescribe by the Statutes, the qualifications for the persons to be appointed on such posts;

(xxxv) to appoint qualified persons as professors, associate professors. assistant professors, readers, lecturers or as teachers and researchers or other officers of the University;

(xxxvi) to co-operate with other Universities, and acquire membership of, bodies. authorities, or associations. which may have been formed for the advancement of learning, science or research, or for the dissemination of knowledge or for the physical and mora 1 welfare of students, in such manner and for such purpose as the University may determine by Starutes;

(lOOCvii) to delegate all or any of its powers (except the power to make regulations) to any officer or authority oft he University, and; (xx.xviii) to do all such acts and things as the University may consider necessary cooducive or incidental ro the anainmcnt or enlargement ofa ll or any of the objects of the University. IV-Ex.,-9-3

9

Application for establishment or 6. Any sponsoring body desirous to have a private University

new priv:uc established by a law of the State legislature, shall make an

University. application containing the proposal and the project report iri such manner containing such particulars along with such fee as may be prescribed.

Project Report. 7. In addition to the particulars as may be prescribed under section 6 and this section, ihc project report shall contain the following, namely:-

XXJ ofl8611.

Rom. 29 of 195-0. (a) The details of the sponsoring body along with the copies of its I of 1956. registration certificate under the Societies Registration Act, J8 60 or the Bombay Public Trusts Act, 1950 or tbe Companies Act, 1956 or registration certificate of a society or trust registered under the Jaw of any other State and constitution and bye-Jaws thereof;

(b) The information regarding financial resources of the sponsoring body along with audited accounts for the past five years;

(c) The name, location and headquarters of the proposed University; (d ) The objectives of the University;

(e) The availability of land and details of buildings and infrastructure facilities, if already exist;

(J) Availabi lity of academic facilities including teaching and non- teaching staff, if any, at the disposal of the sponsoring body;

(g) The details of plans for campus development such as construction of buildings, development of structural amenities and infrastructure facilities and procurement of equipment, etc. to be undertaken before the University starts functioni11g and phased programme for initial three years;

(h) The phased outlays of capital expenditure proposed for the next three years and its sources of finance;

(i) The nature and type of programmes of study and research propo~ed to be undertaken by the University and thei r relevance to the development goals and employment needs of the State and phasing of such programmes over the initial three years with course wise enrolment targets;

(j) The experience and expertise in the concerned disciplines at the command of the sponsoring body;

(k) The nature of facilities, courses of study and research proposed to be started;

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(1) The estimated recurring expenditure coursc-wi~e or activity-wise, source~ of·finance and estimated expenditure per student;

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(m) The o;ch~e for mobilizing rcsouro.:s and the cost of capital thereto and the manner of repayment to such sources:

(n) The scheme for the generation of funds internally through the recovery of fee from students, revenues anticipaied from consultancy services and other activities relating to the objects of 1he Universi1y, and other anticipated incomes;

(o) The proposed fee scrucrure ""ith reference to the details of expenditure on unit cost and the extent of concessions or rebates in fee or free-ships and 'lcllolarships 10 the poor studenis from economically poor or socially backward families, including Scheduled Castes_ Scheduled Tribes, other Backward Classes and handicapped students;

(p) The ~ystcm proposed to be followed for selecting students for admission to the courses ofs tudy at the University cxcep1 in cases of Profossional Educational College or Institutions as defined in thi:

Gu1arat Professional Technical Educational Colleges or ln.'ltitutions (Regulation of Admis:;ion and Fixation of Fees) Act. 2007 or the Gujarat Professional Medical Educational Colle

(q) The manner for appointment of teachers and other employees in the University;

(r) The details of study centres proposed to be started, if the l Jniversity takes up distance education programme;

(s) Th.: nature of spcciali:t

(t) The relevant details must also be provided if the University proposes to Slart some programmes for the benefit of farmers, women and industries;

(u) The details of play grounds and other fac ilities available or proposed to be created for games and sports and extra curricular activities like National Cadet Corps_ Kational Service Scheme, Scouts and Guides. etc;

(v) The =gcments proposed to be made for academic auditing;

(w) Justification regarding the necessity of establishment of the proposed Uni vcrsity;

( x) Commitment to· fol low the norms of the regulating bodies;

(y) Such other details as the sponsoring body may like to give;

(z) Such other details as may be prescribed.

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(2) The committee shall consider the proposal and the project report based on the infonnarion given under sections 6 and 7 and recommend or otherwise whether the proposal 10 set up a new private University is appropriate and whether the sponsoring body is competent to run this University.

(3) The committee, while considering the proposal and the project report under sub-section (2), may call for such other infonnation from the sponsoring body as it thinks proper for the purpose.

(4) The committee shall submit its report to the Government as far as possible within a period of three months from the date of referring the new proposal to iL

utter of ioletll. 9. On receipt of the rcpon of the scrutiny committee constituted under section 8, if the Government is satisfied it may issue a lencr of intent or call further details from the sponsoring body of the proposed University, or may reject the proposal.

Establbhmeot 10. If the Government is satisfied that the sponsoring body hllS complied and with the conditions of Lener of lntenl, it may bring appropriate le&islarion for incorponation or

llnhcrsity by inclusion of the name of the 1.;niversity in the Schedule with such naroe., legis12tioa. location and jurisdiction as specified in the Schedule.

Constituent 11. The t:niversity may, as and when it may deem lit and proper, establish Colleges. and manage some constituent colleges and centres for research, education, training, extension and outreach including continuing education, distance learning and e-leaming at its campus at any place within the State of Gujarat.

Uoiv:rsiry 12. (I) \lo person shall be excluded from an) office of the University or open 10 all !Tom membership of any of ilS authorities or from admission to any degree, irrespective of diploma or other academic distinction or course of study on the grolllld of sex, sex. religion.

class. creed or race. creed. class. caste, place of birth. reiigious belief or political or other opinion. opinion.

(2) It shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race. creed, caste, class, place of birth, religious belief or political or other opinion in order to entitle him to be admitted as a student or to hold any office or post in the University or to qualify for any degree. diploma or other academic distinction or to enjoy or exercise any privileges of the University or any benefaction thereof.

CHAPTER DI

OFFICERS OF UNIVERSITY

Officers of 13. The following shall be the officers of the University, namely:-

University. (a) The President;

(b) The PTovost;

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(d) The Chief Finance and Accounrs Officer; and

(c) such other officers as may be declared by the Statutes to be the officers of the University.

14. {I) The President shall be appointed by the sponsoring body. in PrcsidcnL consultation with the State Government, for a period of three years b~ following such procedure and on such teans and conditions a:. may be prescribed by the Statutes.

(2) The President shall be the head of the University.

(3) The President shall preside at the meetings of the Governing Body and at the con1;oca11on of the University for conferring degrees. diplomas or other academic disunctions and in his absence by any other member of the Governing Body nominated by it.

(4) The President shall have the folio"'ing powers, namely:-

{a) to call for any information or record:

(b) to appoint the Provost;

(c) to remove the Provost in accordance with the provisions of sub- !>

(cl) such other powers a:. may be prescribed by the Statutes. IS. (I ) The Provost s hall be appointed by the Governing Body out of the P~ovost. panel of three persons recommended by the Search Committee consisting of the following members. and shall. subj.:ct to the provi~ions of sul>-scetion (6). hold office for a term of three years :-

(i) an eminent professional lo be nominated by the Board of Management;

(ii) an eminent 1..'

(iii) one member of. the Board of Management to be nominated by the President:

Pro' id..xl that. after expil)' of the term of three y= a person shall be eligible for re-appointment for another term of three years:

Provided further that a Provost shall continue to hold lhc office even after expiry of his tenn till new Provost take charge of the office, bul in any case this period shall not exceed one year :

Provided also that the President may appoint first Provost for a period of one year or until the regular Provost is appointed under this section whichever is earlie r.

(2) The Provost shall be the principal executive and academic officer of the University and shall exerdse general superintendence and control over th,; affairs of the university and shall execute the decisions of various authoritie.~ of the University.

IV-Ex. . -9-4

13

(3) Where in the opinion of the Provost it is necessary to take immediate action on any mancr for which powers arc conferred on any other authority by or under this Act, be may take such action as be deems necessary and shall at the earliest opportunity thereafter report his action to such officer or authority as would have in the ordinary course dealt with the maner:

Provided that if in the opinion of the concerned officer or authority such action should not have been taken by the Provost then such case shall be referred to the President, whose decision thereon shal l be final:

Provided further that where any such action taken by the Provost affects any per.;on in the service of the University, such person shall be entitled to prefer, within three months from the date on which such action is communicated to him, an appeal to the Board of Management and it may confirm or modify or r.:verse the action taken by the Provost.

(4) Where, in the opinion of the Provost, decision of any authority of the University is not within the powers conferred by this Act or the Statutes, the Ordinances, the Regulations or the rules or is likely to be prejudicial to the interests of the University, he shall request the concerned authority to revise its decision within filiecn days from the date of its decision and in ca~e the authority refuses to revise such decision wholly or partly or foils to take any decision within fifteen days. then such matter shall be reft:rred to the President and his decision thereon shall be final.

(5) The Provost shall exercise such powers and perform such 'functions as may be prescribed by the Statutes or the Ordinances.

(6) The President may. on representation made or otherwise and after making such inquiry as may be necessary and is of the opinion that the continuanci; of the Provost in office is not in the interests of the IJniversity, by an order in v.Titing stating the reasons therein, direct the Provost to relinquish his office from the date specified in the order:

Provided that before taking an action under this sub-section, the Provost shall be given an opportunity of being heard.

Rc~i•trar. 16. (l) The appointment of the Registrar shall be made hy the Chairperson of the sponsoring hody in such manner as may be prescribed by the Statutes.

(2) All contracts shall be signed and all documents and records sha]I be authenticated by the Registrar on behalf of the University.

(3) The Registrar shall be the Member-Secretary of the Governing Body, the Board of \llanagement and Academic Council but he shall not have a right to vote.

(4) The Registrar shall exercise such powers and perform such duties as may be specified in the Starutcs or the Ordinances. Chief Finance :rnd 17. (1) The appointment of the Chief finance and Accounts Officer shall Accounts Orticcr. be made by the President in such manner as may be prescribed by the Statutes.

(2) The Chief Finance nod Accounts Officer shall exercise such powers and pi::rform such duties as may be specified in the Statutes or the Ordinances. Other officer.. 18. (I) The University may appoint such other officcrs as may be n·:~'"'ary for its functioning.

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(2) Tht: manner of appoinunent of other officers of the University and their powers nnd functions shall be such as may be specified in the Sllltutcs or the Ordinances.

CHAPTER TV

AUTHORJTIES OF UNIVERSITY

19. The follov.ing shall be the authorities of the University. namely:- Authorities or liD i\ crsity.

(n) The Governing Body;

(b) The Board ofManagemcnt; ( c) The Academic Council: and

(d) such other authorities as may be declared by the Stamtes to be the amhoritics oft he University.

20. (1) The Governing Body of the University shall consist of the Governing JJod) following members, namely:-

(a) The P~idc~t;

(b) The Provost;

(c) Four persons to be nominated by the sponsoring body out of whom two shall be eminent educationist;

(d) ·1 v.o Deans or Directors of the coru.tituent schools or centres of lhe University, by rotation, to be nominated by the Provost;

(c) One expert of Management or lnfonnation Technology from outside the University to be nominated by the Governing Body;

(f) lllree experts representing other disciplines such :is fin:mce, legal. social sector 10 be nommared by the Governing Body;

(g) One eminent industrialist to be nominated by the Goveming Body; and

(h) Secretary to the Government of Gujarat, Higher and Technical Education or his representative not below the rank of Deputy Secretary to Government or the Deputy Commissioner ex-officio.

(2) The President shall be the Chairman of the Governing Body.

(3) (a) Save as othcrnise provided in this S

(b) J\n ex-officio member shall continue so long a~ he holds the office by virtue of which he is such a member.

(c) As nearly as one third of the nominated members. except the ex-officio member shall retire by rotation each year. In the first two

15

(d) A member may be re-nominated for the next term.

(c) A member may resign bis office by writing under thb hand. addressed to the Chairperson. but he shall continue in office until his resignation has been accepted by the Chairperson.

(4) The Governing Body shall be the supreme authority of the University. All the movable and inunovable property of the University shall vest in the Governing Body.

(5) fhe Governing Body shall have the foUov.;ng pov.-ers. namely:-

( a) to provide general superintendence and directions and to control functioning of the University by using all such powers as are provided by this Act or the Statutes. Ordinances, Regulations or Rules m:idc thereunder:

(b) to review the d~isions of other authorities of the University in case they arc not in conformity with the provisions of this Act or the Statutes. Ordinances, Regulations or Rules made thereunder;

(c) to approve the budget and annual report of the l'niversity:

( d) to lay down the extensive policies 10 be 'ollowcd b) the lJn iversi!}:

(c) to recommend to the sponsoring body about the voluntary liquidation of the University; and

(f) such oth~r powers as may be prescribed by the Statutes.

(6) The Governing Body shall meet at I~ t.brcc times in a

(7) Minimum four members shall form a quorum for a meeting of the Governing Body.

Board of 21. (I) The Board of Management shall consist oftbe following persons, '\'fanagemcnt namdy:-

{a) the President:

(b) the Provost;

(c) two members of the Go,·eming Bod>. to be nominated by the Sporu;onng Body;

(d) two persons, who are not th~ members of the Governing 13ody, to be nominated by the Sponsoring Body;

(c ) th.-= pc.-r..ons from among:.-t the faculty members of the t.:niv~n:ty. to be nominated by the Sponsoring Body: and

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(f) one faculty member, to be nominated by the Prcsidenl.

(2) The President shall be the Chairperson of the Board of Management :

Provided that President may at his discretion. nominate any other member of the Governing Body to be the Chairperson of the Board of Managemcn1.

(3) The powers and functions of the Board of Management shall be such as may be prescribed by the Statutes.

(4) The Board of Management shall mccr once in every two months.

(5) Minimum four members shall fonn a quorum for a meeting of the Board of :vfanagcmenL

22. (I) The Academic Council shall consist or the Provost and such Academic other members as may be prescribed by the Statutes. Council.

(2) The Provost sha!J be the Chairperson of the Academic Council.

(3) The Academic Council shall be the principal academic body of the University and shall. subject to the provision$ of this Act, the Starutcs, the Ordinances and I.he rules made thereunder, co-ordinate and exercise general supervision over the academic policies of the University.

(4) The quorum for meetings of the Academic Council shall be such as may be prescribed by the Statutes.

23. (1) A person shall be disqualified for being a member of any of the Disqoaliriutions. authoritic:; or bodies of the Universil). if -

(a) he is of unsound mind and stands so declared by a competent court;

(b) he is an undischarged insolvent;

(c) he has been convicted of any offence involving moral rurpitudc; ( d) he is conducting or engaging himself in private coaching v.ith or without pecuniary gain; or

(c) he has been punished for indulging in or promoting unfair practice in the conduct of any examination. in any fonn. anywhere.

IV-Ex .. -9-5

17

procttd1n~ ofa oy ~

authorit) or bod~ or t.inn·crs1t).

CommittttS. 25. Tht: authorities of the Univer~ity may constitute such eomminces with such 1erms of reference as may be necessary for sp<.-cific taSks to be performed by such committ~ The constitution of such committees. powers to be .:xcrcised and duties to he performed shall be such as may be prescribed by the Statutes.

CHAPTER V

STATLIES, ORDINANCES AND REGt;LATIOJliS First 26. (I) Subject to the provisions oC this Act. and the rules made Satute<. thcrcundt:r. the First Statutes ma} provide for all or :iny of he following mattt!IS. namely:-

(a) the constitution, powers and functions of the authorities and otht:r bodies of the University as may be constituted from time to time;

(b) the term..~ and conditions of appomanent of the Provost, hi:; powers and function~:

(c) the manner and terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer, their powers and functions; (d ) the manner and terms and conditions of appointmeru of other officers and teachers and their powers and functions;

(e) lhe tcnns and conditions of service ofe mployees of the University;

(f) the procedure for arbitration in cases of disputes bel'.vcen employees or srudems and the t;niver.;ity:

(g) the oonferm.:nt of honorary degrees;

(h) the provisions regarding exemption from payment of tuition fee and awarding scholarships and fellowships to the students;

(i) framing of policy for admissions. including regulation of reservation of seat~; and

(j) fees to be charged from students.

(2) The First Siatutes of the Uni\iersity shall be made by the Governing Body and shall be submitted to the State Government for its approval.

(3) The State Government c;hall consider the First Statutes, submitted by the University 3l1d shall approve it as far as possible within two months from the date of its receipt. with or withou1modifications,as11 may deem necessary.

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(4) The University shall communicate its agreement to the First Statutes as approved by the State Government, and if it desires not to give effect to any or all the modifications made by the State Govemmenl under sub-section (3), it may give reasons therefore and after considering such reason, the State Govenunent may or may not accept the suggestions made by the University.

(5) The State Government shall publish the First Statutes, as finally approved by it, in the Official Gazelle, and thereafter it shall come into force from the date of such publication.

27. (!) Subject to the provisions of this Act and the rules made Subsequent thereunder, the subsequent Statutes of the University may provide for all or any Statutes. of the following matters, namely:-

(a ) Creation of new authorities of the University;

(b) Accounting policy and financial procedure;

(c) Representation of teachers in the authorities of the University; ( d) Creation of new departments and abolition or restructuring of existing department;

(e) lnstitulion of medals and prizes;

(f) Procedure for creation and abolition of posts;

(g) Revision of foes;

(h) Altt:r.1tion of the number of seats in different disciplines; and

(i) All other matters which by or under lhe provisions of this /\ct required to be prescribed by the Statutes.

(2) The Statutes of the University other than the First Statutes shall be made by the Board of Management with the approval of the Governing Body.

(3) The Statutes made under sub-section (2) shall be submitted to the State Government and it may approve or, if considers necessary, give suggestions for modification as far as possible within two months from the date of receipt of the Statutes.

(4) The Governing Body shall consider the modifications suggested by the State Government and return the Statutes to it with its agreement to such changes or with its comments on the suggestions made by the State Govempient.

(5) The State Government shall consider the comments of the Governing Body and inay approve the Statutes with or without modifications and it shall be published by it in the Official Gazette, and shall come into force from the date of such publication.

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(a) The admission of students to the University and 1heir enrolment as such:

(b) The courst:s of study to he laid down for degrees, diplomas and certificates of the l.iniversity:

(e) The award of degrees. diplomas, cenificat..:s and other academic di~tinetions, the minimum qualifications for the same:

(d) The condiuon:; for award of fellowships. scholarships. stipends, medals an

( e) The conduct of examinations. including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators:

(f) Fees to be charged for the various courses examinations, degrees or diplomas of the University;

(g) The conditions of residence of the students of the University; (h} Provision regarding disciplill3!y action against tbe :.tudents:

(i) The creation, composition and functions of any other body which is considered ncecssary for improving the academic life of the l'ni\crsil);

G} The manner of co-operation and collaboration with other Univer:.ities and institutions of higher education:

(k) Such other matters which arc required to be provided by the Ordinances by or under this AcL

(2) Tiic First Ordinances of University shall be made by the President which after being approved by the Doard of ManagemenL shall be submitted to the State Government for its approval.

(3) The State Government shall consider the First Ordinances submitted by the President under sub-section (2) as far as possible within two months from the date of its receipt and may approve it or give suggestions for modifications therein.

(4) The President shall either modify the Ordinances incorporating the suggestion of the State Government or give reasons for not incorporating any of the suggestions made by the State Government and shall return the First Ordinances along with such reasons, if any, to the State Government and oo receipt of the same, it shall consider the comments of the President and may approve the First Ordinances of the University with or without such

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29. (I) All Ordinances other than the First Ordinances shall be made by Subsequent the Academic Council which after being approved by the Board of Management Ordinances. shal I be submitted to the State Government for its approval.

(2) The State Government shall consider the Ordinances submitted by the Academic Council under sub-section (J) as far ~possible witliin two months from the date of its receipt and may approve it or give suggestions for modifications therein.

(3) The Academic ColUlcil shall either modify the Ordinances incorporating the suggestion of the State Government or give reasons for not incorporating any of the suggestions made by the State Government and shall return the Ordinances alongwith reason, if any, to the State Government and on rcci::ipt of the same, it shal l consider the conunents of the Academic Council and may approve tbe Ordinances with or without modifications and it shall be published by it in the Official Gaze!te. and shall come into force from the date of such publication.

30. The authorities of the University may, subject to the prior approval of RCJ(ulntions. the Board of Management make Regulations, consistent with this Act, the rules, the Statutes and the Ordinances made thcrcm1der, for the conduct of business of the each such authority and committees constituted by each such authority.

CHAPTER V1

REGULATlON OF UNIVERSITY

31. (I) The State Government may, for the purpose of ascertaining the Powers of

standards of teaching, examination and research or imy other matter rdating to State the University, cause an assessment to be made in such manner as may be Government

prescribed, by such person or persons as it may deem fit. to give

dirccti<1ns.

(2) The State Government shall communicate its recommendations tv the University on the basis of such assessment for corrective action. The University may adopt such corrective measures and make efforts so as to ensure the compliance of the recommendations.

(3) The State Government may give such directions as it may deem fit if the University fails to comply with the recommendation made under sub-section (2) · within a reasonable time. The directions given by the State Government shall be immediately complied by the University.

32. (I) The existing provisions of the State Government relating to Admissions and admissions and fee structure shall be applicable to such private Univer~ities. fee structure.

(2) Admission in the University shall be strictly on tbe basis of merit. IV-Ex.,-9-6

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(3) Merit for admission in the University may be detc.;rmincd either on the basis of marks or gm

Provided that the admissio11 in professional edueationul colleges or institutions of such private Universities shall be gowrned under the provisions of the Gujarat Professional Technical Educational Colleges or lnstirutions (Regulation of Admission and Fixation of Fees) Act, 2007 and the Gujarat Guj. l ur2008.

Professional Medical Educational Colleges or Institutions (Regulation of Guj. 3 or 2008.

Admission and Fixation of Fees) Act. 2007.

Convocation. 33. The Convocations of the University may. for conferring degrees, diploma:. or for any other purpose. be held in every academic year in the manner as may be prescribed by the Sw.tutcs.

Acc~itstion of 34. The University shall obtain accreditation from lhe 'Jational Council of

Uni\·cn,ity. ·\ssessment and Accreditation ():AAC) "'ithin fi..,e years of its establishment and such other regulating bodies of Government of India which arc connected with the courses taken up by tbc University and inform the State Government about the grade provided to the University. The University shall get renewed such accreditation from time to time.

University to 35. 'Joi.\'< ithstanding anything contained in thb AcL the Universil.) shall be follow niles. bound to compl) a.JI the rules. regulations, norms. etc. of the regulating bodies

rcgula1ion,s. of Government of India and provide all such facilities and assiStancc to such

norms, etc. or

regul~ting bodies a~ arc required by them to discharge their duties and carry out their bo<''

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CHAPTER VII

FUNDS OF UNIVERSITY

36. ( I) The sponsoring body shall establish an Endov.ment Fund for the Endowment University with an amount specified in Letter oflntent. Fund.

(2) The Endowment Fund shall be used as security deposit to ensure that the University complies with the provisions of this Act and functions as per provisions of this Act, the Statutes and the Ordinances. The State Government shall have the powers to forfeit. a part or whole of the Endowment Fund in case the University or the sponsoring body contravenes the provisions of this Act, the Statutes, the Ordinances, the regulations or the rules made thereunder.

(3) The University may utilize the income from Endowment Fund for the development of infrastructure of the University and not with to meet the recurring expenditure of the University.

( 4) The amount of Endowment Fund shall be invested in such instruments as the Government may prescribe and kept invested until the dissolution of the University.

(5) In case or invesonent in long term security, the certificates of the securities shall be kept in the safe custody of the Govcrruncnt and in cai;e of deposit in the interest bearing Personal Deposit account in the Government Treasury, deposit shall l,-e made with the condition that the amount shall not be withdrawn without the permission of the Government.

37, Every University shall establish a fund, which shall be called the General Fund. General fund to which the following shall be credited, namely: -

(a) Fees and other charges received by the University;

(b) Any contributions made by the sponsoring body;

(c) Any income received from consultancy and other work undertaken by the University in pursuance of its objectives;

(d) Trusts, bequests, donations, endowments and any other grants; and

(c) All other sums received by the University. ·'·"

38. The General Fund shall be util ized for the following objects, namely:-

Application of General Fund.

(a) For the repayment of debts including interest charges thereto incurred by the University for the purposes of this Act and the Statutes, the Ordinances, the Regulations and the Rules made thereunder with the prior approval of the Governing Body;

(b) To upkeep the assets of the University;

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(d) To meet wilh expenses of any suit or procc.:dings by or against the Unhcr.,;1y

(e) For the payment of salaries, allowances, Provident Fund contributions, gratuity and other benefits to officers, employees and members of the teaching and re:;earch :;taff:

If) For the pa)'ment oftra,clling and other allowances oft he members of the Governing Body. the Board of Management, the Academic Council. other authorities and the members of any commiuee appointed by any of the authority or the Chairperson of the sponsoring body or the Provost:

(g) For the payment of fellowships, frecships. scholarships, assistantship~ and other awards to the students belonging to <."Conomically weaker sections of the society or resca.-ch associates. L-ain~-..-,, or. ~ tht: c-.:se may be. 10 any studt!llt ottien.1sc eligible for such av.ards under the Statutes, the Ordinances, the Regu lations or the Rules;

(h) for the payment of an)' apcnses incurred by ti'.: 1.;ni,crsity in carrying out the provisions of this Act or the Statutes, the Ordinances, the Regulations or the Rules;

(i) for the paymcn1 of cost of capital. not cxce.xling the prime lending rate from ume to time of the ~tatc Bank of India. incurred b) the Sponsoring Rody for selling up the lJni\'Cn>ity and the in\'CstmcnL~ made the rr. for;

(j) for the pa)ment of charges and expenditure relating lo the coo:;ultanc)' work undertaken by the l:niven.ity in j)t:l>WJICC of th;; pro\'isions of this i\ct and the Rules. :Ji.: Statutes or the Ordinances mad•: thereunder;

(k) for the payment of any other ex~ including scn·icc fee payable to any organilation charged w;th the re.-ponsibility of providing any specific service, including the ma!lagcrial services to the Univc~ily, on behalf of the sponsoring body, as approved by the J)oard of Management to be :lll expense for the purposes of the Uni\'crsity

Provided that no expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total non-recurring expenditure for the year, as may be fixed by the B03rd of Management. without prior appro"al of the Board of \1anagt.'ftlent.

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CHAPTER VJII

ACCOUNTS, AUDIT AND AN~UAL REPORT

39. The Annual Report oftbe University shall be prepared by the University Annual which shall include among other matters, the steps taken by the University report. towards the fulfillment of its objects and shall be submilled to the State Government.

40. (I) The annual accounts including balance sheet of the University Annual Accounts shall be prepared by the University and the annual accounts shall be audited at and Audit. least once in every year by the auditors appointed by the University for this purpose.

(2) A copy of the annual accounts together with the audit report shall be submitted to the State Government

CHAPTER IX

WINDING UP OF UNIVERSITY

41. (1) If the sponsoring body propost:s to dissolve itself act:or University on

least six months prior notice to the State Government. dissolution of Sponsoring llody.

(2) The State Government shall, on receipt of such notice make such arrangements a~ may be necessary. for the administration of the University from the date of dissolution of the sponsoring body till the completion of syllabus by the last batch of students admitted to the University and may abo cause the functioning of the University to continue by appointing an administrator in place of the sponsoring body, who shall be entrusted with the powers, duties and functions of the Sponsoring Body as prescribed under this Act.

42. (\) 111e Sponsoring Body who intends to dissolve the University Dissolution of shall give a notice to that effect in the prescribed manner to the State University. Government. The State Government, after due consideration. may dissolve the University in the mann.:r as may be prescribed:

Provided that the dissolution of the University shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or, as the case may be, · awards.

(2) On the dissolution of the University all the assets and liabilities of the University shall vest in the Sponsoring Body in the manner as may be prescribed.

(3) Where the State Government decides under sub-section (I) to dissolve the University, it may vest the powers of the Govern.ing Body in the prescribed mruUler to other societies having similar objects till the dissolution of the University takes effect under the proviso to sub-section(!). !V-Ex.,-9-7

25

certain rircumstanccs. under this Act or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue the notice requiring the University to show cause within fony-fivc days as to why an administrator be not appointed.

(2) On receipt of reply of the University on the notice issued under sub- section (1) , if the State Government is satisfied that there is a prima facie case of contravention of any of' the provisions of this Act, the Rules. the Statutes or the Ordinances made tht:reuncicr or violation of directions issued by it under this Act or there is financial mismanagement or maladministration. it shall make an order of such inquiry as it may consider necessary.

(3) The State Government shall, for the purposes of any such inquiry under sub-sccrion (2), appoint an inquiry officer or officers to inquire into any of the allegations and to make report thereon.

( 4) The inquiry officL7 or officers a!Jpointed under sub-section (3) shall have the same powers as arc vested in a civil court under the Code of Civil Procedure. 1908 while trying a su it in respect of the following matters. namely:- sor190&.

(a) Summoning and enforcing the attendance of any person and examining him on oath;

(b) Requiring the discovery and production of any such document or any other material as may be predicable in evidence:

(c) Requisitioning any public record from any coun or office.

(5) On n. -. ccipt of the inquiry n:port from the officer or officers appointed under sub-section (3), if the State Government is satisfied that the University has contravened all or any of the provisions of this Act, the Rules, the Starutcs or the Ordinances mad.: thereunder or has violated any of the dircccions issued by it under this /\ct or a situacion of financial mismanagement and maladministrdtion has arisen in the University which threatens the academic standard of the University, it may appoint an administrator.

(6) The administrdtor appointed under sub-section (5) shall exercise all the powers and perform all the duties of the Governing Body and the Board of .'.'vlanagement under this Act and shall administer the affairs of the University until the last batch of the students of the regular courses have completed their courses and they have been awarded with degrees, diplomas or, a:. the case may be, awards.

(7) After having been awarded the degrees, diplomas or, as the case may be, awards to the last batches of the students of the regular courses, the administrator shall make a report to that effect to the State Government.

(8) On receipt of the report under sub-section (7), the State Government shall dissolve the University and on dissolution of the University, all the assets and liabilities of the University shall vest in the sponsoring body.

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CHAPTER X

\ .T.Ot:S

•o,.tr of State 44. (I) The State Government may, by notification m the Official ~ovcmmrnt to Gazelle, make rules for carrying out the purposes of this Act. 1akc rules.

(2) In pruticular and without prejudice co the generality of the foregoing powers. such rules may provide for all or any of the following matter:s, namely:-

(a) the manner of making proposal to establish University and the fees payable under section 6;

(b) other particulars of the Project Repon under clause (z) of section 7;

(c) other maners of the Statutes under sub-section (I} ofs ection 27:

( d) arrangements for the administration of the University on the dissolution of the Sponsoring Body under sub-section (2) of section

41.

(3) All rules made under this section shal: be laid for not less than thirty days before the State Legislature as :;oon as may be after they arc made and shall Ix: subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they arc so laid or the session immediately following.

Comp~ionof 45. :-.or,,ithstanding anything contained in this Act or the Regulations. any :curse. of student of the constiu.oent colleges or institutions of the l..inivcrsity specified in itudtnts. the Schedule and af'ilimed to any University who immediate!) before the commencement of this Act was studying or wa:; eligible for llll) examination of that Uni\·ersity shall Ix: permitted to complete his cour.;e in preparation therefore, and the University shall provide for the instruction, teaching, training and examination of such students, in accordance with the courses of studies of the respective University in such manner and for ~uch period as may be prescribed.

Power to remove 46. (I) If any difficulty arises in giving effect 10 the provisions of this diflicultics. Act, the State Government may, by order published in the Official Gazeue, make pro,;sions not inconsistent v.ith the provisions of this Act. as appear to it to be necessary or expedient for removing the difficulty :

Provided that no such order shall be made under this section after the expin, of three years from the commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.

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(See section 3)

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29

30

31

32

"Yogidham Registration Gurukul, Kalawad Road, Campus", No: F/28/Rajkot. Rajkot- 380005.".

kalawad Date: 10.5.2000.

Road,

Rajkot.

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