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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
THE GANPAT UNIVERSITY ACT, 2005
(GUJARAT ACT NO. 19 of 2005)
[ As modified upto the 31st January, 2025. ]
2024
[Price : 30.00]
H-103-06-24-DTP-2
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
THE GANPAT UNIVERSITY ACT, 2005
(GUJARAT ACT NO. 19 of 2005)
[ As modified upto the 31st January, 2025. ]
2024
[Price : 30.00]
©
GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
(ii)
2005 : Guj. 19 ] THE GANPAT UNIVERSITY ACT, 2005. (i)
PREAMBLE.
Sections. CONTENTS PAGE NO.
CHAPTER I.
PRELIMINARY.
1. Short title and commencement. 1
2. Definitions. 1
CHAPTER II.
UNIVERSITY.
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.
3
6. Powers and functions of University. 4
CHAPTER III.
AUTHORITIES OF UNIVERSITY.
7. Patron-in-Chief, President and his powers. 7
8. Authorities of University. 7
9. Officers of University. 7
10. Board of Governors. 7
11. Chairman of the Board. 8
12. Powers and functions of the Board. 8
13. Terms of office and vacancies among members of the Board. 9
14. Academic Council. 9
15. Powers and duties of Academic Council. 10
16. Finance Committee. 10
17. Powers and functions of Finance Committee. 10
18. Director General. 11
19. Powers and duties of Director General. 12
20. Registrar. 12
21. The Deans. 13
(iii)
2005 : Guj. 19 ] THE GANPAT UNIVERSITY ACT, 2005. (ii)
SECTIONS. PAGE NO.
CHAPTER IV.
FUNDS, ACCOUNTS AND AUDIT.
22. Permanent Endowment Fund of the University. 13
23. Payment to University. 13
24. Funds of University. 13
25. Accounts and Audit. 14
26. Pension, Provident Funds and Insurance. 14
CHAPTER V.
SUPPLEMENTARY PROVISIONS.
27. Acts and proceedings not to be invalidated by vacancies. 15
28. Conferment of degrees, diplomas and grant of certificate by
the University.
15
29. Returns and information. 15
30. Management of University on dissolution of Foundation. 15
31. Officers and employees to be public servants. 15
32. Dismissal, removal, redu ction and termination of service of
staff of University.
15
CHAPTER VI.
MISCELLANEOUS PROVISIONS.
33. Powers of State Government. 16
34. Regulations. 16
35. Indemnity. 18
CHAPTER VII.
TRANSITORY PROVISIONS.
36. Transitory provisions. 18
37. Completion of courses of students in colleges affiliated to the
Hemchandracharya North Gujarat University.
18
38. Removal of difficulties at the commencement. 19
(iv)
GUJARAT ACT NO. 19 OF 2005 1*
[THE GANPAT UNIVERSITY ACT, 2005.]
[ 23rd March, 2005.]
Amended by Guj. 10 of 2016.
An Act
to provide for the establishment of the Ganpat University, Kherva, District
Mehsana, Gujarat by law and to confer the status of a non-affiliating
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:-
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called the Ganpat University Act, 2005. Short title and
commencement.
(2) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires, - Definitions.
(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 appo inted under
section 11;
2[(d) "Director General" means the Director General of the University
appointed under section 18;]
(e) "Deans" mean the Deans of the University appointed under
section 21;
1. For Statement of Objects and Reasons , see Gujarat Government Gazette , Extraordinary, Part V,
dated the 9th March, 2005, Page No. 20-20 to 20-22.
* This Act was assented to by the Governor on the 23rd March, 2005.
2. Clause (d) was substituted by Guj. 10 of 2016, s.2(1).
2 THE GANPAT UNIVERSITY ACT, 2005. [2005 : Guj. 19
(f) "Finance Committee" means F inance Committee of the University
constituted under section 16;
(g) "Foundation" means the Mehsana District Education Foundation,
Kherva, Mehsana;
(h) "Patron-in-Chief" means a pioneer donor of the foundation;
(i) "President" means the President of the University appointed under
section 7;
(j) "Prescribed" means prescribed by the Regulations;
(k) "Registrar" means Registrar of the University appointed under
section 20;
(l) "Regulations" means the Regulations of the University made under
section 34;
1[(1-a) "Regulatory Body" shall have the meaning as defined by
clause (p) of section 2 of the Gujarat Private Universities Act, 2009;]
Guj. 8 of 2009.
(m) "Trust" means the Mehsana District Education Foundation,
Mehsana registered under the Bombay Public Trusts Act, 1950;
Bom. 29 of 1950.
(n) "University" means the Ganpat University Kherva, District
Mehsana, Gujarat, established and incorporated under section 3.
CHAPTER II.
UNIVERSITY.
Establishment
and
incorporation
of University.
3. (1) There shall be established a University by the name of “the Ganpat
University, Kherva, District Mehsana, Gujarat".
(2) The Patron-in-Chief, the President, the Board, the Academic Council,
2[the Director General], the Deans, the Registr ar 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 constitute a body corporate by
the name of "the Ganpat University, Kherva, District Mehsana, Gujarat".
(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 conferment of degree, diploma and certificate of its
degree to the students admitted therein.
(4) The University shall not have any grant -in-aid or other financial
assistance from the Central Government, any State Government, University
Grants Commission, All India Council for Technical Education or any other
authority or institutions of the Cent ral Government or any 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
provision of this Act, to acquire and hold property, to contract and shall , by
the said name, sue and be sued.
1. Clause (l-a) was inserted by Guj. 10 of 2016, s.2(2).
2. These words were substituted for the words “the Director”, ibid., s.3.
2005 : Guj. 19] THE GANPAT UNIVERSITY ACT, 2005. 3
(6) The headquarters of the University shall be at the Ganpat Vidyanagar,
Kherva, District Mehsana.
4. The objects of the University shall be to develop the knowledge of
science, technology, dental, medical, paramedical, physiotherapy, pharmacy,
commerce, management, 1[humanístic, law, fashion designing, architecture,
nursing, sports, dairy, animal husbandry, agriculture, forestry, fisheries and
any other educational disciplines for the advancement of mankind]. The
objects of the University shall be as follows, namely:-
Objects of
University.
(i) to disseminate, create and pres erve knowledge and understanding by
teaching, research, training and extension activities by effective demonstration
and influence of its corporate life on society in general;
2[(ii) to create centers of excellence for providing knowledge, education,
training and research facilities of high order in the field of science,
technology, dental, medical, physiotherapy, paramedical, pharmacy, commerce,
management, humanístic, law, fashion designing, architecture , nursing,
sports, agriculture, forestry, fisheries and other related professional education
as per its current status and such other matters as may develop in future,
including continuing education and distance learning;
(iii) to develop patterns of teaching for a certificate or diploma courses,
undergraduate and post -graduate courses and at doctoral level and to
maintain a high standard of education, its applications; to create capabilities
for upgrading science and technology, dental, medical, physiotherapy,
paramedical, pharmacy, commerce, managem ent, humanistic, law, fashion
designing, architecture, nursing, sports, a griculture, forestry, fisheries
courses;
(iv) to develop training facilities and to make arrangements for training
in higher education, professional education and allied fields, to provide for
inter-relationship for national and international participation, in the field of
science and technology, dental, medical, physiotherapy paramedical,
pharmacy, commerce, management, law, fashion designing, architecture,
nursing, sports, agriculture, forestry, fisheries and its allied fields];
(v) to function as a learning resource centre;
(vi) to establish close linkage with the industry to make teaching,
research and training at the University, relevant to the needs of he society,
at national and international level.
3[(vii) to set up off -campus centres, study centres and examination
centres within the State subject to the permission of the regulatory bodies
under any law made by the Parliament and any regulations, rules etc., made
by the regulating bodies].
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 degree,
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 political or
other opinion.
University
open to all
irrespective of
sex, religion,
class, creed or
opinion.
1. These words were substituted for the words “and humanistic for the advancement of mankind ” by
Guj. 10 of 2016, s.4(1).
2. Clauses (ii), (iii) and (iv) were substituted, ibid., s.4(2).
3. Clause (vii) was added, ibid., s.4(3).
4 THE GANPAT UNIVERSITY ACT, 2005. [2005 : Guj. 19
(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 teacher or a student or to hold any office or post in the
University or to qualify for any degree, diploma, or other acade mic
distinction or to enjoy or exercise any privilege of the University or any
benefaction thereof.
Powers and
functions of
University.
6. The University shall exercise the following powers and perform the
following functions, namely:-
(i) to administ er and manage the University and such centres for
research, education and instruction as are necessary for the furtherance of
the objects of the University;
1[(ii) to provide for instruction, training, research advancement and
dissemination in such bran ches of knowledge or learning pertaining to
science, technology, dental, medical, physiotherapy, pharmacy, commerce,
management, humanitics , law, fashion designing, architecture, nursing,
sports, agriculture, forestry, fisheries and allied areas;]
(iii) to conduct innovative experiments in new teaching and learning
methods and technologies in the above referred subjects in order to achieve
international standards of such education, training and research;
(iv) to prescribe courses and curricula and p rovide for flexibility in the
education system and delivery methodologies including electronic and
distance learning;
(v) to hold examinations through electronic mode 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 honor ary degrees or other distinctions in the manner
prescribed by the Regulations;
(vii) to establish such special centres, specialized study centres 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 organize exhibitions;
2[(ix) to sponsor and undertake research in the different areas of science,
technology, dental, medical, ph ysiotherapy, pharmacy, commerce,
management, humanistic, law, fashion designing, architecture, nursing,
sports, agriculture, forestry and fisheries;]
1. Clause (ii) was substituted by Guj. 10 of 2016, s.5(1).
2. Clause (ix) was substituted, ibid., s.5(2).
2005 : Guj. 19] THE GANPAT UNIVERSITY ACT, 2005. 5
(x) to collaborate or associate with, advise, develop, maintain, 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 ha ving 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;
1[(xii)to develop and maintain relationships with teachers, researc hers
and domain experts in science, technology, dental, medical, physiotherapy,
pharmacy, commerce, management, humanitics , law, fashion designing,
architecture, nursing, sports, agriculture, forestry, fisheries 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 organizations
or any other source a s gifts, donations, benefactions, bequests and by
transfers of movable and immovable properties for the purpose and objects of
the University, under the intimation to the State Government;
(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, in accordance with the guidelines of
the State Government or National statutory bodies;
(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
under the intimation to the State Government;
(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, under the intimation to the State Government;
(xxi) to draw and accept, to make and endorse, to discount and negotiate,
promissory notes, bills of exchange, cheques or other negotiable instruments;
1. Clause (xii) was substituted by Guj. 10 of 2016, s.5(3).
6 THE GANPAT UNIVERSITY ACT, 2005. [2005 : Guj. 19
(xxii) 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 pay out of the funds of
the University, all expenses incidental to the raising of money, and to repay
and redeem any money borrowed, un der the approval of the State
Government;
(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 in the interest of University;
(xxiv) to execute conve yances 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, under th e intimation to
the State Government.
(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 students, employees
of the University and to provide for such disciplinary measures as may be
prescribed by the Regulations;
(xxviii) to institute professorships, associate prof essorships, assistant
professorships, readerships, lecturerships and any other teaching, academic or
research posts and to prescribe qualifications by Regulations, in accordance
with the guidelines prescribed by University Grant Commission or concerned
National Technical or Professional councils, for such matters;
(xxix) to appoint qualified persons as professors, associate professors,
assistant professors, readers, lecturers or as teachers and researchers of the
University,
(xxx) subject to the provi sions of this Act and Regulations, any officer
or authority of the University may, by order, delegate his or its powers except
the power to make Regulations to any other officer or authority under his or
its control;
(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.
2005 : Guj. 19] THE GANPAT UNIVERSITY ACT, 2005. 7
CHAPTER I II.
AUTHORITIES OF UNIVERSITY.
7. (1) (i) There shall be a Patron-in-Chief of the University. Patron-in-
Chief,
President and
his powers.
(ii) The First President of the University shall be nominated by the
Patron-in-Chief.
(iii) The first President shall hold office during the pleasure of the
Patron-in-Chief or for his lifetime, whichever is earlier.
(iv) In the event of the first President ceases to hold office, a
President shall be nominated by the managing committee of the foundation
from amongst the permanent members of the Executive Committee of the
foundation for fiv e years, and shall be eligible for reappointment to that
office for a further term of five years.
(2) The President shall have, 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 any
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 administration and finances of the University.
8. The following shall be the authorities of the University, namely:- Authorities of
University.
(a) The Board of Governors;
(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:- Officers of
University.
(a) The President,
(b) 1[The Director General],
(c) The Deans,
(d) The Registrar, and
(e) such other officers as may be prescribed by the Regulations.
10. (1) The Board of Governors of the University shall consist of the
following members, namely:-
Board of
Governors.
(i) The President shall be the Chairman of the Board;
(ii) Two representatives of the Trust;
(iii) The 2[Director General] of the University;
1. There words were substituted for the words “The Director” by Guj. 10 of 2016, s.6.
2. These words were substituted for the word “Director” ibid., s.7(1).
8 THE GANPAT UNIVERSITY ACT, 2005. [2005 : Guj. 19
(iv) Two Deans of the University, by rotation, to be nominated by
the 1[Director General];
(v) Secretary to Government (Higher and Technical Education),
Education Department, Government of Gujarat; 2[or his nominee];
(vi) The Commissioner of H igher Education, Education Department,
Government of Gujarat; 2[or his nominee];
(vii) The Director of Technical Education, Education Department,
Government of Gujarat; 2[or his nominee];
(viii) The Director of Health and Medical Services and Medical
Education, Health and Family Welfare Department, Government of Gujarat ;
2[or his nominee];
(ix) Two Principals of the colleges of the University by rotation to
be nominated by the 1[Director General];
(x) Three experts representing other disciplines such as finance,
legal, management, humanities to be nominated by the President;
(xi) Two representatives of the Industries to be nominated by the
President.
(2) The Registrar shall be the Secretary of the Board.
Chairman of
the Board.
11. (1) The Chairman 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.
Powers and
functions of the
Board.
12. (1) 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.
(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 funds of the University and take decisions
on the recommendations of the Finance Committee;
(vi) to publish or finance the publication of studies, books,
periodicals, reports and other literature and to sell or arrange for the sale as it
may deem fit from time to time;
1. There words were substituted for the word “Director” by Guj. 10 of 2016, s.7(1).
2. These words were added, ibid., s.7(2).
2005 : Guj. 19] THE GANPAT UNIVERSITY ACT, 2005. 9
(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 by written order, any of its powers to the 1[Director
General] Dean, Registrar, or any other officer, employee or authority of the
University or to a committee appointed by it;
(x) to exercise such other powers and perform such other functions
as may be conferred or imposed upon it by this Act or Regulations;
(xi) to review the acts of the Academic Council and the Finance
Committee.
13. (1) Save as otherwise provided in this section, the term of nominated
members of the Board shall be three years from the date of nomination.
Terms of office
and vacancies
among members
of the Board.
(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 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.
(5) A 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 University shall consist of the following
members, namely:-
Academic
Council.
(i) the 2[Director General] of the University, ex-officio, who shall be
the Chairman of the Academic Council;
(ii) one eminent a cademician and one eminent professional to be
nominated by the Board.
(iii) one external eminent academician and one eminent professional to
be nominated by the 2[ Director General];
3[(iv) Deans of the University;]
1. These words were substituted for the word "Director" by Guj. 10 of 2016 , s.8
2. These words were substituted for the word "Director", ibid., s.9(1).
3. Clause (iv) was substituted, ibid., s.9(2).
10 THE GANPAT UNIVERSITY ACT, 2005. [2005 : Guj. 19
(v) one Professor from each discipline of the University by rotation to
be nominated by the 1[Director General]; and
(vi) the Registrar who shall be the non-meber Secretary of the
Council;
(2) The term of office of the members other than the ex-officio member
shall be three years.
Powers and
duties of
Academic
Council.
15. The Academic Council shall have the following powers and duties,
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 consi der 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 action thereon;
(iii) to recommend to the Board such Regulations as are consistent with
this Act regarding the academic functioning of the University; and
(iv) to exercise such other powers and perform such other duties as may
be conferred or imposed upon it by the Regulations.
Finance
Committee. 16. (1) The Finance Committee shall consist of the follow ing members,
namely:-
(i) the 2[Director General] 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
2[Director General];
(iv) one expert professional 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.
Powers and
functions of
Finance
Committee.
17. The Finance Committee shall exercise the following powers and
perform the following functions, namely:-
1. These words were substituted for the word "Director" by Guj. 10 of 2016, s.9(1).
2. These word were substituted for the word "Director", ibid., s.10.
2005 : Guj. 19] THE GANPAT UNIVERSITY ACT, 2005. 11
(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 expenditures;
(v) to provide guidelines for investment of surplus funds;
(vi) to make recommendations to the Board on 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;
(vii) to examine proposals relating to revision of pa y scales, upgradation
of the scales and all those items which are not 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. (1) The 1[Director General] 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:-
2[Director
General].
(i) an eminent professional 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
(2) The President shall designate one member as the Chairman of the
Committee.
(3) The term of office of the 1[Director General] shall be for the period of
five years and shall be eligible for re -appointment to that office for a further
term of five years.
(4) Where a vacancy in the office of the 1[Director General] occurs and it
cannot be conve niently and expeditiously filled up in accordance with the
provisions of sub -sections (1) and (3) and if there is any emergency, the
President, in consultation with the Board may appoint any suitable person to
be 1[Director General] and may, from time to t ime extend the term for a
period not exceeding one year.
(5) The terms and conditions of the service of the 1[Director General]
shall be such as may be prescribed by the Board and until so prescribed, shall
be determined by the President.
1. These words were substituted for the word "Director" bu Guj. 10 of 2016, s.11(1).
2. In margined note, these word were substituted for the word "Director", ibid., s.11(2).
12 THE GANPAT UNIVERSITY ACT, 2005. [2005 : Guj. 19
Powers and
duties of
2[Director
General].
19. (1) The 1[Director General] shall be the Chief Exe cutive and Academic
Officer of the University. He shall preside over at the meetings of the
Academic Council and Finance Committee.
(2) Without prejudice to the generality of the provision contained in
sub-section (1), the 1[Director General] shall-
(i) exercise general superintendence 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, as the case may be.
(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
1[Director General] may take such action as he may deem fi t 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.
(4) Where the exercise of the power by the 1[Director General] 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 three months from the date of order of the
1[Director General] , otherwise the same shall cease to have effect on the
expiration of a period of three months from the date of order of the 1[Director
General]
Registrar. 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 Regulartions.
(2) The Registrar shall exercise the following powers and perform
following duties, namely:-
(i) He shall be responsible for the custody of records, common seal,
the funds of the University and such other property of the University;
(ii) He shall place before the Board and other authorities of the
University, all such information as may be necessary for transaction of its
business;
1. These words were substituted for the word "Director" bu Guj. 10 of 2016, s.12(1).
2. In marginal note, these words were substituted for the word "Director", ibid., s.12(2).
2005 : Guj. 19] THE GANPAT UNIVERSITY ACT, 2005. 13
(iii) He shall be responsible to the 1[Director General] for the proper
discharge of his functions;.
(iv) He shall, subject to the control of the 1[Director General ], be
responsible for the administration and services of the University;
(v) He shall attest and execute all documents on behalf of the
University;
(vi) In all suits and other legal proceedi ngs by or against the
University, the pleadings shall be verified and signed by the Registrar and all
processes in such suits and proceedings shall be issued to and served on, the
Registrar;
(vii) He shall exercise 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 1[Director General.]
21. (1) The Deans of the University shall be appointed by the 2[Director
General], with the approval of the Chairman of the Board, from amongst faculty
members of the University.
The Deans.
(2) The Dean shall assist the 2[Director General ] in managing the
academic and other affairs of the University and shall exercise such powers and
perform such functions as may be prescribed by the Regulations or to be
delegated to them by the 2[Director General.]
CHAPTER IV.
FUNDS, ACCOUNTS AND AUDIT.
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 as such
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 involvement 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, with the previous permission of the State Government.
Permanent
Endowment
Fund of the
University.
23. The Trust shall pay to the 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.
Payment to
University.
24. (1) The University shall have its own funds consisting of - Funds of
University.
(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, benefactions, bequests or transfers;
1. These words were substituted for the word “Director” by Guj. 10 of 2016, s.13.
2. These words were substituted for the word “Director” ibid., s.14.
14 THE GANPAT UNIVERSITY ACT, 2005. [2005 : Guj. 19
(iv) all moneys received b y 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, under the intimation to
the State Government.
(2) All funds of the University shall be deposited 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 appl ied towards the expense of the
University including expenses incurred in the exercise of its powers and
discharge of its function.
Accounts
and Audit.
25. (1) The University shall maintain proper accounts and other records and
prepare an annual stateme nt of accounts, including the income and expenditur e
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 every year by an auditor
who shall be a Chartered Accountant or a firm of Chartered Accountan ts as
defined in the Chartered Accountant Act , 1949 who shall be appointed by the
Board.
XXVII of
1949.
(4) The Accounts of the University certified by the person or firm so
appointed or any other person authorized 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.
(5) The Accounts of the University shall be audi ted by an internal auditor
who shall be a Chartered Accountant or a firm of Chartered Accounts 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 activities during the
previous year and submit it in the form of an annual report to the Board for
review and approval.
Pension,
Provident
Funds and
Insurance.
26. (1) The exiting terms and conditions of the service, including scheme of
pension, provident fund and insurance of the officers, teachers, and other
employees of the concerned institutions run by the Mehsana District Education
Foundation shall continue in such manner and subject to such conditions, even
after the commencement of this Act, till new Regulations are made in this
regard.
(2) Where any such provident fund has been so constituted, the provis ions
of the Provident Funds Act , 1925 shall apply to such fund as if it we re a
Government Provident Fund.
XIX of 1925.
2005 : Guj. 19] THE GANPAT UNIVERSITY ACT, 2005. 15
CHAPTER V.
SUPPLEMENTARY PROVISONS.
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 existence of any vacancy in or defect in
the constitution of, the Board, Authority or Committee of the University.
Acts and
proceedings
not to be
invalidated
by
vacancies.
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 gran t certificates as
approved by the Board.
Conferment
of degrees,
diplomas
and grant of
certificate
by the
University.
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.
Returns and
information.
30. The Foundation shall give a notice of not less than four years period to
the State Government of its intention to dissolve the Foundation. The State
Government may direct the University to cease fresh admissions and also direct
the Foundation to phase out the responsibility of running the University until the
last batches of students in regular courses of the University complete their
courses. It shall be obligatory on the part of the Foundation not to compromise in
terms of the quality of education and training in the interim years and provide
reasonable exit benefits for the employees.
Management
of University
on
dissolution of
Foundation.
XLV of 1860.
31. Every officer, teacher and other employees of the University shall be
deemed t o be a public servant within the meaning of section 2l of the Indian
Penal Code.
Officers and
employees to
be public
servants.
Explanation.- For the purposes of this section, any person, who is
appointed by the University for a specified period or a sp ecified work of the
University or, who receives any remuneration by way of compensatory
allowance or fee for any work done from the University Fund, shall be deemed
to an officer or employee of the University while he is performing and in relation
to all matters relatable to the performance of the duties and functions connected
with such appointment of work.
32. No member of the teaching, non -teaching and other academic staff of
the University shall be dismissed or removed or reduced in rank except after an
inquiry in which he has been informed of the charges against him and given a
reasonable opportunity of being heard in respect of those charges. An appeal
from an order of dismissal, removal or reduction or of termination shall lie to the
President within ninety days from the date of communication of such order and
the decision of the President in such appeal shall be final.
Dismissal,
removal,
reduction
and
termination
of service of
staff of
University.
16 THE GANPAT UNIVERSITY ACT, 2005. [2005 : Guj. 19
CHAPTER VI.
MISCELLANEOUS PROVISIONS.
Powers of
State
Government.
33. The State Government shall have powers to issue directions from time
to time as may be required to be followed by the University under the provisions
of this Act, the Regulations made thereunder and under any other law fo r the
time being in force.
Regulations. 34. (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 t he
University other than the first meeting of the Board, and the quorum and conduct
of business at such meeting;
(ii) the powers and functions to be exercised and discharged by the
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 office of the
membership, appointment and removal of m embers 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
business, 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 academic
distinctions and titles and the requirements thereof;
2005 : Guj. 19] THE GANPAT UNIVERSITY ACT, 2005. 17
(ix) the conduct of examinations including appointment of examiners;
(x) the creation of posts of Professors, Associate Professors, Assistant
Professors, Readers, Lecturers or equivalent academic designations or posts,
officers and employees of the University and the appointment of persons to such
posts including the qualifications requisite therefor;
(xi) the fees and other charges which may be paid to the University for
the courses, training, 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 applicable for associ ation 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 appointment of offi cers and
staff of tExcerpt shown. Open the full act in Lexace.