LexThe Institute of Infrastructure, Technology, Research And Management Act, 2012.
Gujarat · state statute
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The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. LIV] WEDNESDAY, MARCH 20, 2013/PHALGUNA 29, 1934
Separate paging is given to this Part in order that it may be filed as a Separate
Compilation.
PART IV
Acts of Gujarat Legislature and Ordinances promulgated and Regulations made by the
Governor.
The following Act of the Gujarat Legislature, having been assented to by the Governor on the 19th March, 2013 is hereby published for general information.
C. J. GOTHI, Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department.
oGUJARAT ACT NO. 5 OF 2013.
(First published, after having received the assent of the Governor, in the "Gujarat Government Gazette", on the 20th March, 2013).
AN ACT
to provide for the establishment of the University to be known as the Institute of Infrastructure, Technology, Research And Management to
facilitate and promote studies, research, technology incubation, product
innovation and extension work in the field of infrastructure science, technology and management education and also to achieve excellence in
higher technical education and other matters connected therewith or incidental thereto.
It is hereby enacted in the Sixty-third Year of the Republic of
India as follows :-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Institute of Infrastructure,
Technology, Research And Management Act, 2012.
(2) This section shall come into force at once and the remaining
provisions of this Act shall come into force on such date as the State
Government may, by notification in the Official Gazette, appoint.
IV.Ex.,-5-1 5-1
Short title and
commencement.
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5-2 GUJARAT GOVERNMENT GAZETTE, Ex, 20-03-2013 [PART- IV
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2. In this Act, unless the context otherwise requires,-
(i) “Academic Council” means the Academic Council of the
University constituted under section 15;
(ii) “Board” means the Board of Governors of the University
constituted under section 12;
(iii) “Chairman” means the Chairman of the University
appointed under section 10;
(iv) “Dean” means the Deans of the faculties of the University
appointed under section 24;
(v) “Director” means the Directors of the University Schools
appointed under section 23;
(vi) “Director General” means the Director General of the
University appointed under section 19;
(vii) “Finance Committee” means the Finance Committee of
the University constituted under section 17;
(viii) “prescribed” means prescribed by regulations;
(ix) “Registrar” means Registrar of the University appointed
under section 22;
(x) “Regulations” means regulations of University made
under section 36;
(xi) “State Government” means Government of Gujarat;
(xii) “University” means the Institute of Infrastructure,
Technology, Research And Management established and
incorporated under section 3;
(xiii) “University School” means any school or centre
established and maintained by the University for
research, studies, etc.
CHAPTER II
UNIVERSITY
3. (1) There shall be established a University by the name of
the “Institute of Infrastructure, Technology, Research And Management
(IITRAM)”.
(2) The Chairman, the Board, the Academic Council, the Finance
Committee, the Director General, the Directors, 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,
Definitions.
Establishment
and
incorporation of
University.
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PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 20-03-2013 5-3
are hereby constitute a body corporate by the name of the “Institute of
Infrastructure, Technology, Research And Management (IITRAM)”.
(3) The University shall be a body corporate by the name aforesaid,
having perpetual succession and a 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.
(4) The University shall function as a non-affiliating University and
it shall not affiliate any other college or institute for the conferment of
degree, diploma, certificate, other academic distinctions and titles to the
students admitted therein.
4. The headquarters of the University shall be at Ahmedabad.
5. The objects of the University shall be as follows, namely:-
(i) to provide a system of technical education capable of
responding to the changing requirements of technical
manpower;
(ii) to bring about qualitative improvement in teaching and
learning process;
(iii) to inculcate the practice of creating instructional
experiences which make the acquisition of knowledge
and skill more efficient and effective;
(iv) to facilitate and promote studies leading to award of
degrees, diplomas and certificates;
(v) to organize advanced studies and promote research, with
a focus on basic and applied sciences, engineering,
technology and management;
(vi) to a chieve excellence in science, en gineering,
technology, management and allied areas and matters
connected therewith or incidental thereto;
(vii) to provide necessary help to encourage entrepreneurship
amongst students;
(viii) to maintain live contact with alumni and develop alumni
sponsored programmes;
(ix) to promote research, teaching methodology, application
of scientific knowledge in the field of infrastructure;
(x) to help foster bond between research and academic
institutions and infrastructural development agencies for
better planning, management, execution, maintenance
and standards of infrastructure.
6. Subject to the provisions of this Act, the University shall
exercise the following powers and perform the following functions,
namely: -
(1) to provide for instruction and research in such branches
of engineering and technology, management, sciences
and arts, as the University may think fit, and for the
advancement of learning and dissemination of knowledge
in such branches;
Headquarters
of University.
Objects of
University.
Powers and
functions of
University.
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(2) to admit the students for the courses offered by the
University in the prescribed manner;
(3) to hold examinations and grant degrees, diplomas,
certificates or other academic distinctions or titles subject
to such conditions as the University may determine;
(4) to confer honorary degrees or other academic distinctions
in the prescribed manner;
(5) to withdraw degrees, diplomas, certificates and other
academic distinctions for good and sufficient reasons;
(6) to institute and award fellowships, scholarships, prizes,
medals and other awards;
(7) to sponsor and undertake research in all aspects of science, technology, management and arts in relation to the domains of infrastructure development, management and allied areas; and to offer executive developmental
programmes;
(8) to develop and maintain linkages with educational or other institutions in any part of the world having objects wholly or partly similar to those of the University, through exchange of teachers, students and scholars and
generally in such manner as may be conducive to their
common objects;
(9) to develop and maintain relationships with teachers,
researchers and experts in the domains of infrastructure
development, technology, management and allied areas in any part of the world for achieving the objects of the
University;
(10) to fix, demand and receive fees and other charges as may
be prescribed;
(11) to receive grants, subventions, subscriptions, donations and gifts for the purpose of the University and consistent with the object for which the University is established and to enter into any agreement with the Central Government, the State Government, the University Grants Commission or other authorities, bodies or any
person for receiving any grants;
(12) to regulate the expenditure, manage the finances and to maintain accounts of the University; (13) to draw and accept, to make and endorse, to discount and negotiate promissory notes, bills of exchange,
cheques or other negotiable instruments;
(14) 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 with the prior approval of the Sate Government and to pay out of the funds of the University, all expenses incidental to the raising of money, to repay and redeem any money borrowed under intimation to the State
Government;
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(15) 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 the
University;
(16) to purchase or to take on lease or accept as gift or otherwise, any land or building or works which may be necessary or convenient for the purpose of the
University on such terms and conditions as it may think fit and to construct, alter and maintain any such
buildings or works;
(17) to create academic, technical, administrative, ministerial
and other posts and to make appointments thereto;
(18) to frame regulations for the functioning of its authorities,
officers and for proper discharge of its powers and
functions;
(19) 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;
(20) to regulate and enforce discipline amongst the officers and
employees of the University and to provide for such
disciplinary measures as may be prescribed;
(21) to establish, maintain and manage schools of studies,
teaching departments, centres of studies and such other
units for research and instruction as in the opinion of the
University, necessary for the furtherance of its objects;
(22) to establish, maintain and manage halls and hostels
for the residence of students and accommodation for
faculty, officers and employees of the University and the
guest house;
(23) to prescribe course of study and curricula and provide for
flexibility in the education systems and delivery
methodologies including electronic and distance learning;
(24) subject to the provisions of this Act and regulations, any
officer or authority of the University may, by order delegate
all or any of his or its powers (except the power to make
regulations) to any other officer or authority under his or its
control; and
(25) to do all such things as may be necessary, incidental or
conducive to the attainment of all or any of the objects of
the University.
7. (1) No person shall be excluded from any office of the
University or from membership of any of its authorities, bodies or
committees, or from admission to any degree, 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.
(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 profession of political or other opinion in order
University open
to all irrespective
of sex, religion,
class, creed or
opinion.
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5-6 GUJARAT GOVERNMENT GAZETTE, Ex, 20-03-2013 [PART- IV
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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,
certificate or other academic distinction or title to enjoy or exercise any
privilege of the University or any benefaction thereof.
CHAPTER III
AUTHORITIES AND OFFICERS OF UNIVERSITY
8. The following shall be the authorities of the University, namely:
-
(i) the Board;
(ii) the Academic Council;
(iii) the Finance Committee; and
(iv) such other authorities as may be declared by regulations
to be the authorities of the University.
9. The following shall be the Officers of the University, namely:-
(i) the Chairman;
(ii) the Director General;
(iii) the Directors;
(iv) the Deans;
(v) the Registrar; and
(vi) such other persons as may be declared by regulations to
be the officers of the University.
10. (1) The Chairman of the University shall be appointed by the State Government, who shall,-
(a) be an eminent educationalist or technologist or industrialist or administrator having vision for human
resources development; and
(b) be associated with education, philanthropy, industrial or
business development or administration in the State services, corporations or public bodies.
(2) The Chairman shall hold office for a period of three years and
shall be eligible for re-nomination.
(3) The other terms and conditions of the Chairman shall be such as
may be determined by the regulations.
(4) Where a vacancy in the office of the Chairman occurs on account
of death, resignation or otherwise, the State Government shall appoint as
soon as possible, a suitable person to be the Chairman of the University in
accordance with the provision of sub-section (1). (5) The Chairman may resign from his office by writing under his hand addressed to the State Government and such resignation shall take
effect from the date of acceptance by the State Government.
11 (1) The Chairman shall preside over the meetings of the Board and at the convocation of the University.
(2) The Chairman shall exercise such other powers and perform such
other duties as may be assigned to him by or under this Act or regulations
made thereunder.
Authorities of
University.
Officers of
University.
Chairman.
Powers of
Chairman.
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(3) The Chairman 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, hostels, libraries, equipments and systems and processes and of any institution or
center 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, academic affairs and finances
of the University.
12. (1) The Board of Governors of the University shall consist of
following members, namely:-
(i) the Chairman;
(ii) the Director General;
(iii) the Secretary to the Government of Gujarat, Education
Department, ex-officio or his representative;
(iv) the Secretary to the Government of Gujarat, Finance
Department, ex-officio or his representative;
(v) the Commissioner, Technical Education, Gujarat State,
ex-officio or his representative;
(vi) a Vice-Chancellor or ex Vice-Chancellor of the State or
National University or a Director or equivalent of the
Institute of national repute, to be nominated by the State
Government;
(vii) two expert academicians, to be nominated by the Board;
and
(viii) three experts representing other disciplines such as
finance, legal, management, humanities or industries, to
be nominated by the Board.
(2) The Registrar shall be the Secretary of the Board.
13. (1) Subject to the provisions of this Act, the Board shall be
responsible for the general superintendence, directions and the 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, Finance Committee and other committees or
authorities constituted by 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 questions of policy relating to the
administration and working of the University;
(ii) to institute courses of study at the University;
(iii) to lay down policies to be pursued by the University;
(iv) to make regulations;
(v) to consider and approve the annual report and the annual
budget of the University for every financial year;
(vi) to invest moneys and funds of the University and take decision on the recommendation of the Finance
Committee;
Board of
Governors.
Powers and
functions of
Board.
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5-8 GUJARAT GOVERNMENT GAZETTE, Ex, 20-03-2013 [PART- IV
8
(vii) to create or abolish posts of teachers, officers and other employees of the University ; (viii) to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this Act; (ix) to appoint Director General;
(x) to delegate any of its powers (except power to make regulations) to the Director General, Directors, Deans,
Registrar or any other officer, employee or authority of the
University or to a committee appointed by it; and
(xi) to exercise such other powers and perform such other
functions as may be conferred or imposed upon it by or
under this Act or the regulations, and all such other powers for achieving the objects of the University.
14. (1) Save as otherwise provided in this section, the term of office
of other members of the Board shall be three years from the date of his
nomination; the term of office of an ex- officio member shall continue so
long as he holds the office by virtue of which he is a member of the
Board.
(2) A member shall not be eligible for re-nomination for more than
two terms. (3) A member may resign from his office by writing under his hand addressed to the Chairman and his resignation shall take effect
from the date it is accepted by the Chairman.
(4) Any vacancy in the Board occurring before the next
reconstitution or before the expiry of the prescribed period shall be filled
up in the same manner as provided in section 12 and such a member shall
hold office for the remainder of the term of the member in whose place
he is nominated.
(5) The members of the Board shall be entitled to such allowances,
as may be provided for in the regulations.
15. The Academic Council shall be the principal academic body of
the University and shall, subject to the provisions of this Act, have the
control and regulation of, and be responsible for, the maintenance of
standards of instruction, education, research and examination within the
University.
(2) The Academic Council of the University shall consist of the following members, namely: - (i) the Director General, who shall be the Chairman of the Council; (ii) three academicians or professionals, to be nominated by the Board; (iii) two Directors, by rotation, to be nominated by the
Board;
Term of office
and vacancies
amongst
members of
Board and
allowances, etc.
Academic
Council.
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(iv) two Deans, by rotation, to be nominated by the
Board;
(v) faculties of University School not exceeding three, to be nominated by the Director General.
(3) The Registrar shall be the Secretary of the Academic Council.
(4) The term of office of the members other than the ex-officio
members, shall be three years.
(5) Any nominated member may resign from his office by writing under his hand addressed to the Chairman of the Academic
Council and his resignation shall take effect from such date it is accepted
by the Chairman of the Academic Council.
16. Subject to the provisions of this Act and the regulations, the Academic Council shall have the following powers and functions,
namely: -
(i) to exercise control over the academic policies of the
University and 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 faculties/officers 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 including discipline of
students; and
(iv) to exercise such other powers and perform such other
functions as may be conferred upon it by the regulations.
17. (1) The Finance Committee shall consist of the following
members, namely :-
(i) the Director General, who shall be the Chairman of the Committee; (ii) one member of the Board, to be nominated by the Board;
(iii) one Director or Dean, by rotation, to be nominated by the Director General;
(iv) the Secretary to the Government of Gujarat, Finance Department, ex-officio or his representative;
(v) one expert in the field of finance, to be nominated by the
Board; (2) The Registrar shall be the Secretary of the Finance Committee. (3) The term of office of the members other than the ex-officio
members shall be three years.
Powers and
functions of
Academic
Council.
Finance
Committee.
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(4) Any nominated member may resign from his office by writing under his hand addressed to the Chairman of the Finance
Committee and his resignation shall take effect from such date it is
accepted by the Chairman of the Finance Committee.
18. 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 from time to time the financial position of the University; (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 needs to be
incurred;
(vii) to examine all proposals relating to the revision of pay scales, up gradation of the scales and those items which are not included in the budget prior to placing
before the Board;
(viii) to approve the expenditure of the University to the extent
and manner as may be prescribed; and
(ix) to exercise such other powers and perform such other
functions as may be conferred or imposed upon it by the
regulations.
19. (1) The Director General shall be appointed by the Board with
the approval of the State Government, in the manner as may be
prescribed by regulations.
(2) The Director General shall be a scholar of eminence in one of the
areas of a pplied sciences, engineering; infrastructural science,
technology or management having suitable administrative experience.
(3) The Director General shall be the Chief Executive and Academic Officer of the University. He shall preside over the meetings of the Academic Council and the Finance Committee.
(4) The term of office of the Director General shall be determined by the Board for a period not exceeding five years or till he attends the age
of seventy years, whichever is earlier.
(5) Whenever any vacancy occurs in the office of the Director
General and it can not be conveniently and expeditiously filled up in
accordance with the provisions of sub-sections (1) and (2) and if there is any emergency, the Board may appoint any suitable person to be the Director General and may, from time to time, extend the
Powers and
functions of
Finance
Committee.
Director
General.
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term of such person for a period not exceeding one year.
(6) The Director General may resign from his office by writing under his hand addressed to the Chairman of the University
and his resignation shall take effect from such date it is accepted by the
Chairman.
(7) The other terms and conditions of the services of the Director
General shall be such as may be prescribed by the Board and until so
prescribed, shall be determined by the Chairman of the University.
20. Without prejudice to the generality of the provision contained in
section 19, the Director General shall –
(i) exercise general supervision and control over the day to day affairs of the University;
(ii) preside over at the meetings of the Academic Council and
the Finance Committee;
(iii) ensure implementation of the decisions of the authorities of the University;
(iv) ensure that the provisions of this Act and the regulations
are faithfully followed;
(v) be responsible for imparting of instruction and maintenance of discipline in the University; and
(vi) exercise such other powers and perform such other duties as may be assigned to him by or under this Act or the regulations or as may be delegated to him by the
Board or by the Chairman.
21. (1) Where any matter is of an 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 Director General may take such action as he may deem fit with the consent of the Chairman and shall forthwith report the action so taken by him to the
authority or body of the University who or which, in the ordinary
course, would have dealt with the matter: Provided that if such authority or other body is of the opinion that
such action ought not to have been taken by the Director General, it may refer the matter to the Board which may either confirm the action taken by the Director General or annul the same or modify it in such manner as it thinks fit, and thereupon the action shall cease to have effect or, as the case may be, shall take effect in such modified form. However, such modification or
annulment shall be without prejudice to the validity of anything previously done by or under the order of the Director General.
(2) Where the exercise of the power by the Director General due to urgency of matter under sub-section (1) involves the appointment of any person, such appointment shall be confirmed by the competent authority empowered to approve such appointment, in accordance with
the provisions of this Act and the regulations, not later than six months from the date of order of the Director General, otherwise such
appointment shall cease to have effect on the expiration of a period of six
Powers and
functions of
Director
General.
Emergency
powers of
Director
General.
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5-12 GUJARAT GOVERNMENT GAZETTE, Ex, 20-03-2013 [PART- IV
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months from the date of order of the Director General.
22. (1) The Registrar shall be appointed by the University in such manner and on such terms and conditions as may be prescribed. (2) The Registrar shall,-- (i) be responsible for the custody of records, common seal, the funds of the University and such other property of the University;
(ii) place before the Board and other authorities of the
University, all such information and documents as may be necessary for transaction of its business;
(iii) be responsible to the Director General for the proper
discharge of his functions;
(iv) be responsible for the administration and services of the University; and conduct the examinations and
make all other arrangements necessary thereof and be
responsible for the execution of all processes connected
therewith;
(v) attest and execute all documents on behalf of the University;
(vi) verify and sign the pleadings in all suits and other proceedings by or against the University and all the
processes in such suits and proceedings shall be issued to
and served on the Registrar; and
(vii) exercise such other powers and perform such other duties as may be assigned to him by or under this Act, the
regulations or as may be delegated to him by the Board or the Director General.
23. (1) The Directors of the University School shall be appointed by the Director General, with the approval of the Board in
such manner and on such terms and conditions as may be prescribed. (2) The Directors shall assist the Director General in managing the academic, administrative and other affairs of the University Departments, University Schools and shall exercise such powers and
perform such functions as may be prescribed or entrusted to them by the
Director General.
24. (1) The Director General, with the approval of the Board, shall
appoint the Deans of the University from amongst the faculties of the University.
(2) The Deans shall assist the Director General and respective
Directors of University Schools in managing the academic and other
affairs of the University, University Schools and shall exercise such
powers and perform such functions as may be prescribed or entrusted to
them by the Director General.
25. Subject to the provisions 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.
Registrar.
Directors.
Deans.
Delegation
of powers.
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26. Notwithstanding anything contained in any other State law for the time being in force, the University shall have powers to confer
degrees, diplomas, honorary degrees, grant certificates and other academic distinctions or titles as approved by the Board on such terms
and conditions, as may be prescribed.
27. Notwithstanding anything contained in the Act, the University
shall have power to withdraw degrees, diplomas, certificates and other
academic distinctions for good and sufficient reasons.
CHAPTER IV
FINANCE AND ACCOUNTS
28. (1) The University shall establish and maintain a Fund to be
called the University Fund consisting of -
(i) any contribution or grants or loans by the State and the
Central Government;
(ii) the income of the University from all sources including
income from fees and other charges;
(iii) all moneys received by the University by way of grants,
loans, gifts, donations, benefactions, bequests, transfers
or endowments and other grants, if any;
(iv) all moneys received by the University from the
collaborating industry in terms of the provisions of the
Memorandum of Understanding entered between the
University and the industry, for establishment of the
sponsored chairs, fellowships or infrastructure facilities
of the University; and
(v) the moneys received by the University in any other
manner or from any other sources.
(2) All moneys credited to the fund of the University shall be
deposited in such Banks or the surplus fund shall be invested in such
manner as the Board on the recommendation of the Finance Committee
or as per the instructions of the State Government issued from time to
time in this behalf.
(3) The University Fund shall be applied towards the expenses of the
University including expenses incurred in the exercise of its powers and
discharge of its functions under this Act.
(4) No money from the University shall be spent except as otherwise
provided for meeting its objectives.
29. (1) The University shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the income and expenditure and the balance sheet, in such form and in such manner as may be prescribed. (2) The University shall adopt a proper system of internal checks
Conferment of
degrees,
diplomas and
honorary
degrees, grant
of certificates
by University.
Withdrawal of
degree or
diploma and
other
academic
distinction.
University
Fund.
Accounts, audit
and annual
report.
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5-14 GUJARAT GOVERNMENT GAZETTE, Ex, 20-03-2013 [PART- IV
14
and balances and controls in the discharge of its financial, accounting
and auditing functions as may be prescribed. (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 Accountants as defined in the Chartered Accountants Act,
1949 to be appointed by the Board. (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 and directions to the Director
General in respect thereof as it deems fit and the Director General shall
comply with such instructions and directions.
(5) The accounts of the University shall be audited by an internal
auditor who shall be 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 for each financial year an annual report containing such particulars as the Board may specify and submit the same to the Board on or before such date as may be prescribed. The Board shall consider such report and may pass resolutions thereon. (7) The copy of the annual report along with the resolution of the Board thereon shall be submitted to the State Government.
30. (1) The University shall, with the approval of the Board,
constitute for the benefit of its officers, teachers and other employees, in such manner and subject to such conditions as may be prescribed, such
schemes of pension, provident fund and insurance as it may deem fit, and
also aid in establishment and support of the associations, institutions, funds, trusts and conveyance calculated to the benefit of the officers, teachers and other employees of the University.
(2) Where any such provident fund has been constituted, the
provisions of the Provident Funds Act, 1925 shall apply to such fund as
if it were a Government Provident Fund.
CHAPTER V
MISCELLANEOUS
31. No act or proceeding of the Board or any authority of the
University or any Committee constituted under this Act or by
regulations shall be questioned on the ground merely of the existence of
any vacancy in or defect of, in the constitution of such Board, authority
or Committee of the University.
19 of 1925.
Acts and
proceeding not
to be
invalidated by
vacancies.
38 of 1949.
Pension,
provident fund
and insurance.
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PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 20-03-2013 5-15
32. 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.
33. Every officer, teacher and employee of the University shall be
deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code.
Explanation.- For the purpose of this section, any person, who is
appointed by the University for a specified period or a specified work of
the University or, who received any remuneration by way of allowances
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 the
duties and functions connected with such appointment of work.
34. (1) No officer or employee or member of the teaching, non-teaching and other academic staff of the University shall be dismissed or removed or reduced in 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.
(2) An appeal against an order of dismissal, removal or reduction in rank under sub-section (1) or of termination of service shall be made to the Chairman within ninety days from the date of communication of such order and the decision of the Chairman in such appeal shall be final. 35. The State Government shall have power to issue direction from
time to time as may be required for compliance of the provisions of this Act, the regulation and under any other law for the time being in force and the University shall be bound to comply with such
directions.
36. (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
meeting;
(ii) the other powers and functions to be exercised and
discharged by the Chairman, Director General, Directors
and Deans and other officers of the University;
(iii) the constitution, powers and duties of the authorities, bodies and other committees of the University, the qualifications and disqualifications for membership
of such authorities, term of office of the membership,
Returns and
information.
45 of 1860.
Officers and
employees to
be public
servants.
Dismissal,
removal,
reduction or
termination of
services of the
staff of
University.
Power to give
directions.
Power to make
regulations.
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5-16 GUJARAT GOVERNMENT GAZETTE, Ex, 20-03-2013 [PART- IV
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appointment and removal of members thereof and other
matters connected therewith;
(iv) the other powers and functions to be exercised and
discharged by the Academic Council, Finance Committee
and other authorities which may be constituted;
(v) to approve the expenditure of the University to the extent
and in the manner by the Finance Committee;
(vi) the procedure to be followed by the Board and any
Committee or other body constituted by or under this Act
in the conduct of the business, exercise of the powers and discharge of the functions;
(vii) the procedures and criteria to be followed in establishing courses of study and admission of students;
(viii) the procedure to be followed for enforcing discipline in the University;
(ix) the management of the properties of the University;
(x) the degrees, diplomas, certificates and other academic
distinctions or titles which may be conferred or granted by
the University and withdrawal or cancellation of any such
degrees, diplomas, certificates and other academic
distinctions or titles and the requirements thereof; and to
confer honorary degrees or other distinctions in the
prescribed manner;
(xi) the conduct of examinations including the term of office and appointment of examiners;
(xii) the creation of posts of Directors, 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
therefore;
(xiii) the fees and other charges to be paid to the University for the courses, training, facilities and services provided by
it;
(xiv) the manner and conditions for constitution of insurance, pension and provident funds and such other schemes for the benefits of officers, teachers and other
employees of the University;
(xv) the terms and conditions for association of the University with other institutions;
(xvi) the preparation of budget estimates and maintenance of accounts;
(xvii) the mode of execution of contracts or agreements by or on behalf of the University;
(xviii) the classification and procedure for appointment of officers, employees and other staff of the University;
(xix) the terms, conditions and tenure of appointments, salaries and allowances, contractual services, rules of discipline and other conditions of service of the
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PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 20-03-2013 5-17
Director General, Director, officers, teachers and other
employees of the University;
(xx) the terms and conditions governing deputation of officers, teachers and other employees of the University;
(xxi) the powers and duties of the Director General, Director and other officers, teachers and employees of the University;
(xxii) the terms and conditions governing fellowships,
scholarships, stipends, medals and prizes;
(xxiii) the authentication of the orders and the decisions of the
Board;
(xxiv) the matters relating to hostels and halls of residence
and housing for faculties, officers and employees and
guest house including disciplinary control therein; and
(xxv) all matters which, by this Act, are to be or may be
prescribed.
37. No suit, prosecution or other legal proceeding shall lie against and no damage shall be claimed from the University, the Chairman, the Director General, the Directors, the authorities or officers or employees of the University or any other person in respect
of anything which is done in good faith or purporting to be done in pursuance of this Act or any regulations made thereunder.
38. (1) If any difficulty arises in giving effect to the provisions
of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing
difficulties: Provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.
CHAPTER VI
TRANSITORY PROVISIONS
39. Notwithstanding anything contained in sections 10 and 12, the
State Government shall appoint the first Chairman and other members of
the Board, as soon as practicable after the commencement of this Act for
a period not exceeding three years on such terms and conditions as the
State Government thinks fit, who shall exercise all the powers and
discharge all the functions of the Board.
40. (1) Notwithstanding anything contained in section 19, the State
Government shall appoint the first Director General, as soon as
practicable after the commencement of this Act for a period not
exceeding three years on such terms and conditions as the State
Appointment of
first Chairman
and members of
the Board.
Appointment of
first Director
General.
Powers to
remove
difficulties.
Indemnity.
G:\pdf\2013-IV\Ex-IV-5-The Institute of InfrastructureExcerpt shown. Open the full act in Lexace.