LexaceLexace Ask the AI ›
⚖️ Ask the AI about your situation:🚗 Car Accident💼 Work / Job🏠 Housing / Eviction👪 Family / Divorce📋 Contract Dispute💰 Money Owed

The Dharmsinh Desai University Act, 2005

Gujarat · state statute
Open in Lexace · Ask the AI about this act
 
 
GUJARAT ACT NO.  16  OF 2005.  
 
THE DHARMSINH DESAI UNIVERSITY ACT, 2005.  
 
 
SECTIONS 
CONTENTS   
PAGE NO.  
   
1. Short title and commencement. 1 
2. Definitions. 2 
3. Establishment and incorporation of University. 2 
4. Objects of University. 3 
5. University open to all irrespective of sex, religion, 
class, creed or opinion. 
 
4 
6. Powers and functions of University. 4 
7. President. 7 
8. Authorities of University. 7 
9. Officers of University. 8 
10. Board of Governors. 8 
11. Chairman of Board. 8 
12. Powers and functions of Board. 8 
13. Terms of office and vacancies among members of 
Board. 
 
9 
14. Academic Council. 10 
15. Powers and functions of Academic Council. 10 
16. Finance Committee. 11 
17. Powers and functions of Finance Committee. 11 
18. Vice-Chancellor. 12 
19. Powers and duties of Vice-Chancellor. 12 
20. Registrar. 13 
 2
21. The Deans. 14 
22. Permanent Endowment Fund of University. 14 
23. Payment to University. 14 
24. Funds of University. 14 
25. Accounts and audit. 15 
26. Pension and provident fund. 16 
27. Acts and proceedings not to be invalidated by 
vacancies. 
 
16 
28. Conferment of degrees, diplomas and grant of 
certificates by University. 
 
16 
29. Returns and information. 16 
30. Management of University on dissolution of trust. 
 
16 
31. Powers of State Government. 16 
32. Regulations. 16 
33. Removal of difficulties at commencement. 18 
34. Transitory provisions. 19 
35. Indemnity. 19 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 3
 
 
 
 
 
 
 
 
 
The following Act of the Gujarat Legislature, having been assented 
to by the Governor on the 23 rd  March, 2005 is hereby published for general 
information. 
 
S.S. PARMAR,  
Secretary to the Government of Gujarat, 
Legislative and Parliamentary Affairs Department. 
 
 
GUJARAT ACT NO.  16  OF 2005. 
 
 (First published, after having received the assent of the Governor in the 
“Gujarat Government Gazette ”, on the 23rd  March, 2005). 
 
 
 
AN  ACT 
 
to provide for the establishment of the Dharmsinh Desai University, 
Nadiad, Gujarat by law and to confer the status of a University thereon and 
for matters connected therewith or incidental thereto. 
It is hereby enacted in the Fifty -sixth Year of the Republic of India 
as follows:- 
1. (1) This Act may be called the Dharmsinh Desai University Act, 
2005. 
(2) It shall come into force on such date as the State Government may, 
by notification in the Official Gazette, appoint. 
 
Short title and 
commencement. 
 4
2. In this Act, unless the context otherwise requires, - 
(a) "Academic Council" means the Academic Council of the University  
constituted under section 14; 
(b) "Board" means the Board of Governors of the University constituted 
under section 10; 
(c) “Chairman” means the Chairman of the Board appointed under 
section 11; 
(d) “Deans” mean the Deans  of  the  University  appointed  under 
section 21; 
(e) “Finance Committee” means the Finance Committee of the 
University constituted under section 16; 
(f) “Foundation” means the Dharmsinh Desai Foundation, Vadodara; 
(g) “Patron Trustee” means the Patron Trustee of the Dharmsinh Desai  
Foundation, Vadodara ; 
(h) "President" means the President of the University appointed under 
section 7;  
(i) “prescribed” means prescribed by the regulations; 
(j) “Registrar” means the Registrar of the University appointed under 
section 20; 
(k) “Regulations” means the Regulations of the University made under   
section 32; 
(l) “Society” means the Dharmsinh Desai  Foundation, Vadodara, a 
society registered under the Societies  Registration Act, 1860; 
(m) “Trust” means the Dharmsinh Desai  Foundation,  Vadodara 
registered under the Bombay Public Trusts Act, 1950; 
(n) "University" means the Dharmsinh Desai University, Nadiad, 
Gujarat, a University established under section 3; 
(o) “Vice-Chancellor” means the Vice -Chancellor of the University 
appointed under section 18.   
 
 3. (1) There shall be established a University by the name of “The 
Dharmsinh Desai University, Nadiad, Gujarat”.  
(2) The President, the Board, the Academic Council, the Vice -
Chancellor, the Deans, the Registrar and all other persons who may 
hereafter become such officers or members so long as they continue to hold 
such office or membership, are hereby consti tute a body corporate by the 
name of  “The Dharmsinh Desai University, Nadiad, Gujarat”.  
Definitions. 
XXI of 1860. 
Bom. 29 of 
1950.  
Establishment 
and 
incorporation of 
University. 
 5
(3) The University shall function as a non -affiliating University 
established under this Act and it shall not affiliate any other college or 
Institute for the award c onferment of degree, diploma and certificate of its 
degree to the students admitted therein. 
(4) Save as provided in clause (vi) of sub -section (1) of section 24 of 
this Act, the University shall not have any new grant -in-aid or other 
financial assistance which it was not receiving on the date of 
commencement of this Act, from the State Government. 
(5) The University shall be a body corporate by the name aforesaid, 
having perpetual succession and common seal with power, subject to the 
provisions of this Act, to acquire and hold property, to contract and shall, by 
the said name, sue and be sued. 
(6) In all suits and other legal proceedings by or against the University, 
the pleadings shall be signed and verified by the Registrar and all processes 
in such suits  and proceedings shall be issued to, and served on, the  
Registrar. 
(7) The headquarters of the University shall be at Nadiad , Gujarat. 
 
4. The objects of the University shall be to develop the knowledge of 
science and technology, d ental, medical, pharmacy, commerce, 
management and education for the advancement of mankind.  The objects 
of the University shall be as follows, namely :-  
(i) disseminate, create and preserve knowledge and understanding by 
teaching, research, training and  extension activities by effective 
demonstration and influence of its corporate life on society in 
general;  
(ii) to create  centres of  excellence for providing knowledge, education, 
training and research facilities of high order in the field of science 
and technology, dental, medical, pharmacy, commerce, management 
and other related professional education as per its current status and 
such other matters as may develop in future, including continuing 
education; 
(iii) to  develop  patterns of teaching for a  certificate or diploma, upto 
undergraduate, post-graduate and doctoral level and to maintain a 
high standard of education and its applications; to create  
capabilities for upgrading science and technology, dental, medical, 
pharmacy, commerce, management and technology  infrastructure of 
the global standards; 
(iv) to develop training facilities in higher education including 
professional education and allied fields; to provide for inter -
Objects of 
University. 
 6
relationships for national and global participation in the field of 
science and technology, dental, medical, pharmacy, commerce, 
management  and its allied fields; 
(v) to function as a learning resource centre;   
(vi) to provide for arrangement for national and global participation in 
the field of higher and professional educa tion including technical 
education, science and  technology, dental, medical, pharmacy, 
commerce, management; and 
(vii) to establish close linkage with the industry to make teac hing, 
research and training at the University relevant to the needs of the 
economy, at  national and global level. 
5. (1) No person shall be excluded from any office of the University or 
from membership of any of its authorities or from admission to any de gree, 
diploma or other academic distinction or course of study on the sole ground 
of sex, race, creed, caste, class, place of birth, religious belief or profession 
of political or other opinion. 
(2) It shall not be lawful for the University to impose on an y person any 
test whatsoever relating to sex, race, creed, caste, class, place of birth, 
religious belief or profession of political or other opinion in order to entitle 
him to be admitted as a teacher or a student or to hold any office or post in 
the Univ ersity or to qualify for any degree, diploma or other academic 
distinction or to enjoy or exercise any privileges of the University or any 
benefaction thereof. 
6. Subject to the provisions of this Act, the University sha ll exercise 
the following powers and perform the following functions, namely:- 
 
(i) to administer and manage the University and such centres for 
research, education and instruction as are necessary for the 
furtherance of the objects of the University; 
(ii) to provi de for instruction, training and research in such 
branches of knowledge or learning pertaining to science and 
technology, dental, medical, pharmacy, commerce, 
management and allied areas and for the advancement and 
dissemination of science and technology and allied areas; 
(iii) to conduct innovative experiments in new methods and 
technologies in the field of science and technology in order 
to achieve international standards of such education, training 
and research; 
University open 
to all irrespective 
of sex, religion, 
class, creed or 
opinion. 
Powers and 
functions of 
University. 
 7
(iv) to prescribe courses and curricula and provide f or  flexibility 
in the education system and delivery methodologies 
including electronic and distance learning; 
(v) to hold examinations through electronic mode also 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, certificates, or other 
academic distinctions or titles in the manner prescribed by 
the Regulations; 
(vi) to confer honorary degrees or o ther distinctions in the 
manner prescribed by the Regulations; 
(vii) to establish such special centers, specialized study centers or 
other units for research and instruction as are, in the opinion 
of the University, necessary for the furtherance of its objects; 
(viii) to provide for printing, reproduction and publication of 
research and other works and to organise exhibitions; 
(ix) to sponsor and undertake research in all aspects of science 
and technology, dental, medical, pharmacy, commerce, 
management and allied areas; 
(x) to collaborate or associate with, advise, administer, control, 
develop, maintain, or take  over by way of merger or 
otherwise, any educational institution with like or similar 
objects; 
(xi) to develop and maintain linkages with educational or other 
institutions in any part of the world having objects wholly or 
partially similar to those of the University, through  
exchange of teachers and scholars,  and generally in such 
manner as may be conducive to their common objects; 
(xii) to develop and maintain relationships with teachers, 
researchers, and domain experts  in science and technology, 
dental, medical, pharmacy, commerce, management and 
allied areas  in any part of the world for achieving the objects 
of the University; 
(xiii) to regulate the expenditure and to manage the finances and to 
maintain accounts of the University; 
(xiv) to receive funds from industry, national and international 
organisations or any other source as gifts, donations, 
benefactions, bequests and by transfers of movable and 
 8
immovable properties, for the purposes  and objects of the 
University; 
(xv) to establish, maintain and manage halls and hostels for the 
residence of students; 
(xvi) to supervise and control the residence and regulate the 
discipline of students 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 by the Regulations; 
(xviii) to institute and award fellowships, scholarships, prizes, 
medals and other awards; 
(xix) to purchase or to take on lease or accept as gifts or otherwise 
any land or building or works which may be necessary or 
convenient for the purpose of the University and on such 
terms and conditions as it may think fit and proper and to 
construct or alter and maintain any such building or works; 
(xx) to sell, exchange, lease or otherwise dispose of all or any 
portion of the properties of the University, movable or 
immovable, on such terms as it may think fit and consistent 
with the interest, activities and objects of the University; 
(xxi) to draw and accept, to make and endorse, to discount and 
negotiate, promissory notes, bills of exchange, cheques or 
other negotiable instruments; 
(xxii) to raise and borrow money on bond, mortgages, promissory 
notes or other obligations or securities fou nded 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 pay out of the funds of the 
University, all expenses incidental to the raising of money, 
and to repay and redeem any money borrowed; 
(xxiii) to invest the funds of the University in or upon such 
securities and transpose any investment from time to time in 
such manner as it may deem fit; 
(xxiv) to execute conveyances regarding transfers, mortgages, 
leases, licenses, agreements and other conveyances in respect 
of property, movable or immovable including Government 
securities belonging to the University or to be acquired for 
the purpose of the University; 
 9
(xxv) to admit the students for the courses offered by the 
University in the manner prescribed by the Regulations; 
(xxvi) to create academic, technical, administrative, ministerial  and 
other posts and to make appointments thereto; 
(xxvii) to regulate and enforce discipline among the employees of 
the University and to provide for such  disciplinary measures 
as may be prescribed by the Regulations; 
(xxviii)to institute professorship, associate professorship, assistant 
professorship, readerships, lecturerships and any other 
teaching, academic or research posts and to prescribe by 
Regulations  qualifications for them; 
(xxix) to appoint persons as professors, associate professors, 
assistant professors, readers, lecturers or teachers and 
researchers of the University; 
(xxx) subject to the provisions of this Act and regulations, any 
officer or authority of the Uni versity may, by order, delegate 
his or its powers except the power to make regulations to any 
other officer or authority under his or its control and subject 
to the condition that the ultimate responsibility for the 
exercise of the powers so delegated shal l continue to vest in 
the officer or authority delegating them; and 
(xxxi) 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. 
 
7. (1) The Patron Trustee of the Dharmsinh Desai Foundation, 
Vadodara shall be the President of the University for life at his pleasure. He 
may at his pleasure designate any other permanent trustee of the trust to be 
the President of the University. 
(2) The President shall have, subject to the provisions of this Act, power 
to cause an inspection or review to be made by such person or persons as he 
may direct, of the University, its buildings, libraries, equipments and 
systems and processes and of a ny institution or centre maintained by the 
University, and also of the examinations, teaching, research  and other work 
conducted or done by the University and to cause an inquiry to be made in 
like manner in respect of any matter connected with the admini stration and 
finances of the University. 
8. The following shall be the authorities of the University, namely:-  
(a) the Board; 
President. 
Authorities of 
University. 
 10 
(b) the Academic Council;  
(c) the Finance Committee; and  
(d) such other authorities as may be prescribed by the 
Regulations.  
 
9. The following shall be the officers of the University, namely:- 
(a) the Vice-Chancellor, 
(b) the Deans, 
(c) the Registrar, and 
(d) such other persons as may be prescribed by the Regulations. 
 
10.  (1) The Board of Governors of the University shall consist of the 
following members, namely:- 
(i) the President shall be the Chairman of the Board; 
(ii) two representatives of the Trust; 
(iii) Vice-Chancellor of the University; 
(iv) two Deans of the University, by rotation, to  be  
nominated by the Vice-Chancellor; 
(v) the Secretary to Government, (Higher and Technical 
Education), Education Department, Government of 
Gujarat; 
(vi) three experts academicians to be nominated by the 
President; 
(vii) three experts representing other disciplines suc h as   
finance, legal, management, humanities to be 
nominated by the President; and  
(viii) two representatives of the Industries to be nominated 
by the President.  
 
(2)        The Registrar shall be the Secretary of the Board. 
 
11.  (1) The Ch airman shall preside over at the meetings of the 
Board and at the convocations of the University. 
 (2) The Chairman shall exercise such other powers and perform 
such other duties as may be assigned to him by this Act or the Regulations. 
12.      (1) Subject to the provisions of this Act, the Board shall be 
responsible   for the general superintendence, direction and control of the 
affairs of the University and shall exercise all the powers of the University, 
and shall have the power to review the acts of the Academic Council and 
the Finance Committee. 
Officers of 
University. 
Board of 
Governors.  
Chairman of 
Board. 
Powers and 
functions of 
Board. 
 11 
(2) Without prejudice to the provisions of sub -section (1), the   Board 
shall have the following powers and functions, namely :- 
(i) to take decisions on question of policy relating to  the administration 
and working of the University; 
(ii) to institute  courses of study at the University; 
(iii) to make Regulations; 
(iv) to consider and approve the annual report and  the annual accounts 
of the University for every financial year; 
(v) to invest moneys and fu nds of the University and take decisions on 
the recommendations of the Finance Committee; 
(vi) to publish or finance the publication of studies, treaties, books, 
periodicals, reports and other literature and to sell or arrange for the 
sale as it may deem fit from time to time; 
(vii) to create or abolish posts of teachers 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; 
(ix) to delegate any of its powe rs to the Vice -Chancellor, Deans, 
Registrar, or any other officer, employee or authority of the 
University or to a committee appointed by it; and  
(x) to exercise such other powers and perform such other functions as 
may be conferred or imposed upon it by this  Act or Regulations and 
such other powers for achieving the objects of the University. 
 
13.  (1) Save as otherwise provided in this section, the term of 
nominated members of the Board shall be three year s from the date 
of nomination; 
(2) an ex-officio  member shall continue so long as he holds the 
office by virtue of which he is such member; 
(3) any vacancy in the Board occurring before the next 
reconstitution or before the expiry of the prescribed period shall be 
filled by nomination of another person by the President; 
(4) a member nominated under sub -section (3) shall continue for 
the remainder of the term of a member in whose place he is 
nominated; 
Terms of office 
and vacancies 
among members 
of Board. 
 12 
(5) an outgoing member shall be eligible for re -nomination for 
the next term; 
(6) a member may resign his office by writing under his hand 
addressed to the President but he shall continue in office until his 
resignation has been accepted by the President. 
 
14.  (1) The Academic Council of the U niversity shall consist of the 
following members, namely:- 
(i) the Vice -Chancellor of the University, ex-officio , 
who shall be the Chairman of the Academic Council; 
(ii) two academicians or professionals, to be nominated 
by the Board; 
(iii) two external academicians or p rofessionals  in the 
area of science and technology, to be nominated by 
the Vice-Chancellor; 
(iv) two Deans of the University, by rotation to be 
nominated by the Vice-Chancellor; 
(v) one Professor from each discipline of the University, 
by rotation to be nominated by the Vice -Chancellor; 
and 
(vi) the  Registrar  who  shall  be  the non -member 
secretary of the Council. 
(2) The term of office of the members other than the ex-officio  
member shall be three years.  
15.  Subject to the provisions of this Act, and the Regulations, the 
Academic Council of the University shall have the following powers and 
functions, namely:-  
(i) to exercise control over the academic policies of the 
University and shall be responsible for the maintenance and 
improvement of standards of instruction, education and 
evaluation  in the University; 
(ii) to consider matters of general academic interest either on its 
own initiative or on a reference from the Faculty of the 
University or the Board and to take appropriate act ion 
thereon;  
Academic 
Council. 
Powers and 
functions of 
Academic 
Council. 
 13 
(iii) to recommend to the Board such  Regulations as are 
consistent with this Act regarding the academic functioning 
of the University including discipline of students; and 
(iv) to exercise such other powers and perform such other duties 
as may be conferred or imposed upon it by the Regulations.  
 
16.  (1) The Finance Committee shall consist of the following 
members, namely:- 
(i) the Vice -Chancellor of the University ex-officio  shall be the 
Chairman of the committee; 
(ii) one member of the Board to be nominated by the President; 
(iii) one Dean of the University by rotation to be nominated by 
the Vice-Chancellor;  
(iv) one expert to be nominated by the President; and 
(v) the Registrar shall be the non -member secretary of the 
committee. 
 
(2) The term of office of  the members other than the ex-officio  member 
shall be three years.  
 
17.  Subject to the other provisions of this Act, the Finance Committee 
shall exercise the following powers and perform the following functions,  
namely:- 
(i) to examine the annual accounts  and annual budget estimates 
of the University and advise the Board thereon; 
(ii) to review the financial position of the University from time 
to time; 
(iii) to make 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 has been incurred; 
Finance 
Committee. 
Powers and 
functions of 
Finance 
Committee. 
 14 
(vii) to examine all proposals relating to revision of scale,  
upgradation of the scale and those items which are no t 
included in the budget, before they are placed before the 
Board; and  
(viii) to exercise such other powers and perform such other 
functions as may be conferred or imposed upon it by the 
Regulations. 
18.  (a)  The Vice -Chancellor shall be appointed by the Board out of 
the panel of names recommended from time to time by the 
committee consisting of the following members, namely:- 
(i) an eminent technologist to be nominated by the 
President; 
(ii) an eminent educationist to be nominated by the 
President; and 
(iii) one member of the Board to be nominated by the 
President. 
(b) The President shall designate one member as the Chairman 
of the committee.  
(c) The term of office of the Vice -Chancellor shall be 
determined by the Board for the period not exceeding five 
years.  
(d) Notwithstanding anything contained in clauses (a) and (c), 
the Vice -Chancellor of the University holding the office at 
the commencement of this Act, shall be deemed to have been 
appointed as the first Vice-Chancellor. 
 (e) Where a vacancy in the office o f Vice-Chancellor occurs and 
it cannot be conveniently and expeditiously filled up in 
accordance with the provisions of clauses (a) and (c) and if 
there is any emergency, the President, in consultation with 
the Board, may appoint any suitable person to be the Vice-
Chancellor and may, from time to time, extend the term for a 
period not exceeding one year. 
(f) The terms and conditions of service of the Vice -Chancellor 
shall be such as may be prescribed by the Board and u ntil so 
prescribed, shall be determined by the President. 
19.  (1) The Vice -Chancellor shall be the Chief Executive and Academic 
Officer of the University.  He shall preside over at the meetings of the 
Academic Council and Finance Committee.  
Vice-
Chancellor. 
Powers and 
duties of Vice-
Chancellor.  
 15 
(2) Without prejudice to the generality of the provision contained in 
sub-section (1), the Vice-Chancellor shall - 
(i) exercise general supervision and control over the affairs of 
the University;  
(ii) ensure implementation of the decisions of the authorities of 
the University; 
(iii) be responsible for imparting of instruction and maintenance 
of discipline in the University; and 
(iv) exercise such other powers and perform such other duties as 
may be assigned to him under this Act or the Regulations or 
as may be delegated to him by the Board or by the President. 
(3) Where any matter is of urgent nature requiring immediate action and 
the same cannot be immediately dealt with by the Chairman or authority or 
body of the University empowered under this Act to deal with it, the Vice -
Chancellor may take such action as he may deem fit and shall forthwith 
report the action taken by him to the Chairman or 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  have been taken by the Vice -Chancellor, it may refer 
the matter to the Chairman who may either confirm the action taken by the 
Vice-Chancellor or annul the same or modify it in such manner as he thinks 
fit, and thereupon it shall cease to have effect or as the case may be, shall 
take effect  in such modified form; so however  such modification or 
annulment shall be without prejudice to the validity of anything previously 
done by or under the orders of the Vice-Chancellor. 
(4) Where the exercise of the  power  by  the  Vice -Chancellor  under          
sub-section (3) 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 the order of the 
Vice-Chancellor, otherwise the same shall cease to have effect on the 
expiration of a period of six months from the date of the orde r of the Vice -
Chancellor. 
20.  (1) The Registrar shall be appointed by the University in such 
manner and on such terms and conditions as may be prescribed by the 
Regulations. 
(2) The Registrar shall exercise the following powers and perform 
following duties, namely :- 
Registrar.  
 16 
(i) he shall be responsible for the custody of records,  common 
seal, the funds of the University and such other property of 
the University; 
(ii) he shall place before the Board and other authorities of the 
University, all such information as  may be necessary for 
transaction of its business; 
(iii) he shall be responsible to the Vice -Chancellor for the proper 
discharge of his functions; 
(iv) he shall, subject to the control of the Vice -Chancellor, be 
responsible for the administration and services of the 
University and conduct the examinations and make all other 
arrangements  necessary thereof and be responsible for the 
execution of all processes connected therewith;  
(v) he shall attest and execute all documents on behalf of the 
University; and 
(vi) he shall exerc ise such other powers and perform such other 
duties as may be assigned to him under this Act, the 
Regulations  or as may be delegated to him by the Board or 
the Vice-Chancellor. 
21.  (1) The Deans of the University shall be appointed by the Vice -
Chancellor, with the approval of the Chairman of the Board, from amongst 
the Faculty of the University. 
(2) The Deans shall assist the Vice -Chancellor in managing the 
academic and other affairs of the University and shall exercise such powers 
and perform s uch duties as may be prescribed by the Regulations or be 
entrusted to them by the Vice-Chancellor. 
22.  The trust shall place funds at the disposal of the University to be 
called the Permanent Endowment Fund of a sum of ten crores of rupees or a 
sum required for meeting the full operational expenditure of the University 
for three years, in long term interest bearing securities issued or guaranteed 
by the Central or State Government. On the termination of the involvemen t 
of the trust and after meeting the operational expenditure for three years, out 
of the Permanent Endowment Fund, if there is any unused balance that shall 
be paid back to the trust. 
 
23.  The trust may pay to th e University from time to time such sums of 
money and in such manner as may be considered necessary for the exercise 
of its powers and discharge of its functions under this Act.  
24.  (1) The University shall have its own funds consisting of -  
The Deans. 
Permanent 
Endowment 
Fund of 
University. Payment to 
University. 
Funds of 
University. 
 17 
(i) all moneys provided by the trust; 
(ii) all fees and other charges received by the University; 
(iii) all moneys received by the University by way of 
grants, loans, gifts, donations, benifications, bequests 
or transfers; 
(iv) all moneys received by the University from the 
collaborating industry in terms of the provisions of 
the Memorandum of Understanding between the 
University and the industry, for establishment of 
sponsored chairs, fellowships and infrastructure 
facilities of the University;  
(v) all moneys received by the University in a ny other 
manner or from any other source; and 
(vi) all moneys received by the University by way of 
grant-in-aid from the State Government for the 
courses which are conducted at the time of 
commencement of this Act. 
(2) All funds of the University shall be depos ited in such banks or 
invested in such manner as the Board may decide on recommendation of the 
Finance Committee. 
(3) The funds of the University shall be applied towards the expenses of 
the University including expenses incurred in the exercise of its pow ers and 
discharge of its functions. 
25.  (1) The University shall maintain proper accounts and other records, 
and  prepare an annual statement of accounts, including the income and 
expenditure account and the balance sheet, in such form and in such manner 
as may be prescribed by the Regulations. 
(2) The University shall adopt a proper system of internal checks and 
balances and controls in the discharge of its finance, accounting and 
auditing functions as may be prescribed by the Regulations.  
(3) The accounts of the University shall be audited not less than once 
per year by an auditor who shall be a Chartered Accountant or a firm of 
Chartered Accountants as defined in the Chartered Accountant Act, 1949  
who shall be appointed by the Board. 
(4) The accounts of the University certified by the person or firm so 
appointed or any other person authorised in this behalf together with the 
audit report thereon shall be placed before the Board and the Board may 
issue such instructions to the University in respect thereof as it deems fit 
and the University shall comply with such instructions.  
Accounts and 
audit. 
XXVII of 
1949.  
 18 
(5) The accounts of the University shall be audited by an internal 
auditor who shall be a Chartered Accountant or a firm of Chartered 
Accountants appointed by the Board, to ensure concurrent audit of all books 
of accounts, and such periodic internal audit reports shall be placed before 
the Board for review. 
(6) The University shall prepare each year a report of its activi ties 
during the previous year and submit it in the form of an annual report to the 
Board for review and approval. 
26.  (1) The University shall, with approval of the Board, constitute for 
the benefit of its officers, teachers and other employees, in such ma nner and 
subject to such conditions, as may be prescribed by the Regulations, such 
scheme of pension, provident funds and insurance as it may deem fit, and 
also aid in establishment and support of the associations, institutions, funds, 
trusts and conveyance calculated to benefit the staff and the students of the 
University. 
(2) Where any such provident fund has been so constituted, the 
provisions of the Provident Funds Act, 1925, shall apply to such fund as if it 
were a Government provident fund. 
27.  No act or proceeding of the Board, or any authority of the University 
or any committee constituted under this Act or by the Regulations  shall be 
questioned on the ground merely of the existen ce of any vacancy in or 
defect in the constitution of, the Board, authority or committee of the 
University. 
28.  Notwithstanding anything contained in any other law for the time 
being in force, the University shall have powers to confer degrees, honorary 
degrees, diplomas and other academic distinctions, titles and grant 
certificates as approved by the Board. 
 
29 . 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. 
30.  The trust shall give a notice of not less than six months period to the 
State Government of its intention to dissolve the trust. Upon receipt of any 
notice from the trust, the State Government shall make arrangements for 
administration of the University from the date of dissolution of the trust and 
until the last batch of students in regular courses of the University complete 
their courses. The expenditure for administration of the University during 
taken-over period of its management shall be met out of the Permanent 
Endowment Fund of the  University. On dissolution of the trust, this fund 
shall be in the form of a corpus fund. 
Pension and 
provident 
fund. 
XIX of 1925. 
Acts and 
proceedings 
not to be 
invalidated by 
vacancies. 
Conferment of 
degrees, 
diplomas and 
grant of 
certificates by 
University. 
Returns and 
information. 
Management 
of University 
on dissolution 
of trust. 
 19 
31.  The State Government shall have powers to issue directions from 
time to time as may be required to be followed by the Un iversity under the 
provisions of this Act, the Regulations  made thereunder and  under any 
other law for the time being inforce. 
32.  (1) Subject to the provisions of this Act, the Board shall have, in 
addition to all other powers vested in it, the power to  make Regulations to 
provide for the administration and management of the affairs of the 
University.  
(2) In particular and without  prejudice to  the  generality  of  the  
foregoing powers, such  regulations may provide for all or any of the 
following matters, namely:- 
(i) the 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 meetings; 
(ii) the powers and functions to be exercised and discharged by 
the President of the Board of the University; 
(iii) the constitution, powers and duties of the authorities, bodies 
and other committees of the University established under this 
Act, the qualifications and disqualifications for membership 
of such authorities, term of o ffice of the membership, 
appointment and removal of members thereof and other 
matters connected therewith; 
(iv) the procedure to be followed by the Board and any 
committee or other body constituted under this Act or by the 
Regulations in the conduct of the busi ness, exercise of the 
powers and discharge of the functions; 
(v) the procedure and criteria to be followed in establishing 
courses of study and admission of students; 
(vi) the procedure to be followed for enforcing  discipline in  the 
University; 
(vii) the management of the properties of the University; 
(viii) the degrees, diplomas, certificates  and other academic 
distinctions and titles which may be conferred or granted by 
the University and withdrawal or cancellation of any such 
degrees, diplomas, certificates and other acade mic 
distinctions and titles and the requirements thereof; 
(ix) the conduct of examinations including the term of office and 
appointment of examiners; 
Regulations. 
Powers of 
State 
Government. 
 20 
(x) the creation of posts of Professors,  Associate Professors, 
Assistant Professors, Readers, Lecturers or equival ent 
academic designations or posts, officers and employees of 
the University, and the appointment of persons to such posts 
including the qualifications requisite therefor; 
(xi) the fees and other charges which may be paid to the 
University for the courses, trai ning, facilities and services 
provided by it;  
(xii) the manner and conditions for constitution of pension, 
provident funds, insurance and such other schemes for the 
benefit of officers, teachers, and other employees of the 
University; 
(xiii) the terms and conditions a pplicable for association of the 
University with other institutions; 
(xiv) the preparation of budget estimates and maintenance of 
accounts; 
(xv) the mode of execution of contracts or agreement by or on 
behalf of the University; 
(xvi) the classification and procedure for ap pointment of officers 
and staff of the University; 
(xvii) the terms and tenure of appointments, salaries and 
allowances,  contractual services, rules of discipline and 
other conditions of service of the Vice -Chancellor, other 
officers, teachers  and employees of the University; 
(xviii) the terms and conditions governing deputation of officers 
and staff of the University; 
(xix) the powers and duties of the Vice -Chancellor and other 
officers, teachers  and employees of the University; 
(xx) the terms and conditions governing fellowship , scholarships, 
stipends, medals and prizes; 
(xxi) the authentication of the orders and decisions of the Board; 
(xxii) the matters relating to hostels and halls of residence 
including disciplinary control therein; and 
(xxiii) all matters which, by this Act, are to be or may be prescribed 
by the Regulations.  
33.  If any difficulty arises with respect to the establishment of the 
University or in connection with the first meeting of any authority of the 
Removal of 
difficulties at 
commencement. 
 21 
University or otherwise in giving effect to the provisions of this Act and the 
Regulations, the President of the University may, at any time, before all 
authorities of the University have been constituted, by order, make any 
appointment or do anything consistent, so far as may be, with the pr ovisions 
of this Act and the Regulations, which appear to him necessary or expedient 
for the purpose of removing the difficulty and every such order shall have 
effect as if such appointment or action had been made or taken in the 
manner provided in this Act and the Regulations: 
Provided that before making any such order the President may 
ascertain and consider the opinion of the Vice -Chancellor and of such 
appropriate authority of the University as may have been constituted.  
 
 
 
34 . Notwithstanding anything contained in this Act,- 
 
(1)  the Vice -Chancellor may, with the prior approval of the President 
and subject to availability of 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 and for that purpose may 
exercise any power or perform any duties which by this Act and the 
Regulations are to be exercised or performed by any authority of the 
University until such authority comes into existence as provid ed by 
this Act and the Regulations; 
(2) the Board functioning as such immediately before the 
commencement of this Act shall continue to so function until the 
Board is constituted for the University under this Act, but on the 
constitution of the Board under this Act, the members of the Board 
holding office before such constitution shall cease to hold office; 
(3) the Academic Council functioning as such immediately before the 
commencement of this Act shall continue to so function until the 
Academic Council is constit uted for the University under this Act, 
but on the constitution of the Academic Council under this Act, the 
members of the Academic Council holding office before such 
constitution shall cease to hold office; 
(4) the Finance Committee functioning as such immedi ately before the 
commencement of this Act shall continue to  so function until the 
Finance Committee is constituted for the University under this Act, 
but on the constitution of the Finance Committee under this Act, the 
members of the Finance Committee hol ding office before such 
constitution shall cease to hold office; 
(5) until the first Regulations of the University are made under this Act, 
the existing rules and regulations of the Dharmsinh Desai Institute 
Transitory 
provisions. 
 22 
of Technology, Nadiad declared as deemed University approved by 
the Board as in force immediately before the commencement of this 
Act, shall continue to apply to the University, in so far as they are 
not inconsistent with the provisions of this Act. 
35.  No suit, prosecution or other legal proceed ings shall lie against and 
no damages shall be claimed from the University, the Vice -Chancellor, the 
authorities or officers of the University or any other person in respect of 
anything which is done in good faith or purporting to be done in pursuance 
of this Act or any Regulation made thereunder. 
 
 
––––––––– 
 
Indemnity. 

‹ Prev All Gujarat acts Next ›