LexThe Gujarat Private Universities Act,2009.
Gujarat · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY
AFFAIRS DEPARTMENT
THE GUJARAT PRIV ATE UNIVERSITIES ACT, 2009
(GUJARAT ACT No. 8 OF 2009)
(As modified upto 30 th November, 2019)
[2019]
PRINTED AT THE GOVERNMENT PRESS, V ADODARA.
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY
AFFAIRS DEPARTMENT
THE GUJARAT PRIV ATE UNIVERSITIES ACT, 2009
(GUJARAT ACT No. 8 OF 2009)
(As modified upto 30 th November, 2019)
[2019]
2009 : Guj. 8 ] The Gujarat Private Universities Act, 2009 i
THE GUJARAT PRIV ATE UNIVERSITIES ACT, 2009
Preamble. CONTENTS PAGE NO.
SectioNS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. 1
2. Definitions. 1
CHAPTER II
ESTAbLISHMENT OF UNIVERSITY
3. Establishment and incorporation of universities. 3
4. Objects of University. 3
5. Power and functions of University. 5
6. Application for establishment of new private University. 7
7. Project Report. 7
8. Scrutiny Committee. 9
9. Letter of intent. 9
10. Establishment and incorporation of University by legislation. 9
11. Constituent Colleges. 9
12. University open to all irrespective of sex, religion, class, creed or opinion. 9
CHAPTER III
OFFICERS OF UNIVERSITY
13. Officers of University. 10
14. President. 10
15. Provost. 10
16. Registrar. 11
17. Chief Finance and Accounts Officer. 11
18. Other officers. 12
CHAPTER IV
AUTHORITIES OF UNIVERSITY
19. Authorities of University. 12
20. Governing Body. 12
21. Board of Management. 13
22. Academic Council. 13
23. Disqualifications. 13
24. Vacancies not to invalidate the constitution of, or the proceeding of any authority or body 14
of University.
25. Committiees. 14
H-2002–(i)
ii The Gujarat Private Universities Act, 2009 [ 2009 : Guj. 8
CHAPTER V
StatUteS, orDiNaNceS aND reGUlatioNS
SectioNS. PAGE NO.
26. First Statutes. 14
27. Subsequent Statutes. 15
28. First Ordinances. 15
29. Subsequent Ordinances. 16
30. Regulations. 16
CHAPTER VI
REGULATION OF UNIVERSITY
31. Powers of State Government to give directions. 16
32. Admissions and fee structure. 16
33. Convocation. 17
34. Accreditation of Universtiy. 17
35. University to follow rules, regulations, norms, etc. of regulating bodies. 17
CHAPTER VII
FUNDS OF UNIVERSITY
36. Endowment Fund. 17
37. General Fund. 18
38. Application of General Fund. 18
CHAPTER VIII
ACCOUNTS, AUDIT AND ANNUAL REPORT
39. Annual report. 19
40. Annual Account and Audit. 19
CHAPTER IX
wINDING UP OF UNIVERSITY
41. Management of University on dissolution of Sponsoring Body. 19
42. Dissolution of University. 19
43. Special powers of State Government in certain circumstances. 19
CHAPTER X
MISCELLANEOUS
44. Power of State Government to make rules. 20
45. Completion of courses of students. 21
46. Power of remove difficulties. 21
SCHEDULE. 22
GUJARAT ACT NO. 8 OF 2009.1*
[The Gujarat Private Universities Act, 2009.]
[7th July, 2009.]
Amended by Guj. 25 of 2011.
Amended by Guj. 12 of 2012.
Amended by Guj. 18 of 2013.
Amended by Guj. 1 of 2014.
Amended by Guj. 25 of 2014.
Amended by Guj. 3 of 2015.
Amended by Guj. 7 of 2015.
Amended by Guj. 9 of 2016.
Amended by Guj. 10 of 2017.
Amended by Guj. 21 of 2017.
Amended by Guj. 4 of 2018.
Amended by Guj. 11 of 2018.
Amended by Guj. 19 of 2019.
Amended by Guj. 20 of 2019.
AN ACT
to provide for establishment incorporation of private Universities in the State
of Gujarat, with emphasis to provide for qualitative and industry relevant higher
education and to regulate their function and for the matters connected therewith or
incidental thereto.
It is hereby enacted in the Sixtieth Year of the Republic of India as follows :-
CHAPTER I.
P
relimiNary
1. (1) This Act may be called the Gujarat Private Universities Act, 2009.
(2) It extends to the whole of the State of Gujarat.
(3) 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,-
(a) “AICTE” means All India Council for Technical Education established
under section 3 of the All India Council for Technical Education Act, 1987;
(b) “CSIR” means the Council of Scientific and Industrial Research, New Delhi,
a funding agency of the Central Government;
(c) “distance education” means imparting of education through any means of
communication, such as broadcasting, telecasting, correspondence courses, seminars,
contact programmes or the combination of any two or more of such means;
(d) “DST” means the Department of Science and Technology of the Central
Government;
(e) “Fee” means collection made by the University from the students for
different purposes under different heads and which is non-refundable;
( f) “Government” means the Government of Gujarat;
(g) “Higher Education” means study of a curriculum or course for the pursuit
of knowledge beyond 10 + 2 level;
( h) “Hostel” means a place of residence for the students of the University, or
its colleges, institutions or centers, maintained or recognised to be as such by the
University;
1. For statement of Objects and Reasons, see Gujarat Government Gazette, Extra-Ordinary, Part V , dated the 22nd
June, 2009, Pages 29 to 31.
* This Act was assented to by the Government to by the Governor on the 7th July, 2009.
Short title, extent
and
commencement.
Definitions
52 of 1987.
2 Gujarat Private Universities Act, 2009 [2009 : Guj. 8
(i) “ICAR” means the Indian Council of Agricultural Research, a society
registered under the Societies Registration Act, 1860;
(j) “MCI” means Medical Council of India constituted under the Medical
Council Act, 1956;
(k) “NAAC” means the National Council of Assessment and Accreditation,
an autonomous institution of the UGC;
(l) “NCTE” means the National Council for Teacher Education established
under the National Council for Teacher Education Act, 1993;
(m) “Off Campus Centre” means a centre established by the University outside
the main campus but within the State of Gujarat operated and maintained as its
constituent unit, having the University’s complement of facilities, faculty and staff;
(n) “PCI” means Pharmacy Council of India constituted under section 4 of the
Pharmacy Act, 1948;
(o) “prescribed” means prescribed by rules made under this Act;
(p) “Regulatory Body” means a body established by the Center Government,
for laying down the norms and conditions for ensuring academic standards of higher
education, such as UGC, AICTE, NCTE, MCI, PCI, NAAC, ICAR, DEC, CSIR;
(q) “Regulations” means regulations made by any authority of the University
under section 30;
(r) “Rules” means rules made under section 44;
(s) “Schedule” means the Schedule appended to this Act;
(t) “Sponsoring body” in relation to a University established under this Act
means-
(i) a society registered under the Societies Registration Act, 1860; or
(ii) a public trust registered under the Bombay Public Trusts Act 1950; or
(iii) a company registered under section 25 of the Companies Act 1956; or
(iv) a society or trust registered under the law of any other State;
( u) “Statutes” and “Ordinances” means the Statutes and Ordinances of the
University;
(v) “Student” means a student of the University and includes any person
enrolled in University for pursuing any course of study for a degree, diploma or
other academic distitiction duly instituted by the University, including a research
degree;
(w) “Study Center” means a centre established, maintained or recognised by
the University for the purpose of advising counseling or for rendering any other
assistance required by the students in the context of distance education in the State
of Gujarat;
(x) “Teacher” means a Professor, Reader, Lecturer or any other person required
to impart education or to guide research or to render guidance in any other form to
the students for pursuing a course of study of the University;
(y) “UGC” means the University Grants Commission established under section
4 of the University Grants Commission Act, 1956;
(z) “University” means a University established and incorporated under
section 3.
xxl of 1960.
102 of 1956.
73 of 1993.
8 of 1948.
21 of 1860.
bom. 29 of 1950.
1 of 1956.
3 of 1956.
2009 : Guj. 8 ] Gujarat Private Universities Act, 2009 3
CHAPTER II
ESTAbLISHMENT OF UNIVERSITY
3. (1) There shall be established the Universities by the names mentioned in
the Schedule.
(2) The headquarters of the University shall be within the State of Gujarat and
shall be notified by the State Government.
(3) The Governing Body, the Board of Management, the Academic Council, the
President, the Provost, the Registrar, the Teachers, the Chief Finance and Accounts
Officer and such other officers or members or authorities so long as they continue
to hold such office or membership of the respective University mentioned in the
Schedule are hereby constitute a body corporate by the name of the respective
University specified in the Schedule.
(4) The University shall function as non-affiliating Universities and they shall
not affiliate any other college or institution for the conferment of degree,diploma
and for grant of certificate to the students admitted therein.
(5)
1[The constituent colleges and institutions of the Sponsoring Body, except
the grant-in-aid colleges and institutions, affiliated to and enjoying the privileges of
any University immediately before the establishment of the University under sub-
section (1).] shall cease to be affiliated from that University and shall be deemed
to be withdrawn from such privileges from
2[The date of establishment of such
University] and shall be deemed to be admitted to the privileges of corresponding
University of the respective Sponsoring Body specified in the Schedule and all such
colleges and institutions shall be the constituents colleges and institutions of that
University.
(6) Each such University shall be a body corporate by the name specified in
the Schedule and shall have 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 or be sued.
(7) The Universities shall not receive any grant-in-aid or other financial
assistance from the State Government or the Central Government.
4. The objects of the Universities shall be to create, organize, preserve and
disseminate knowledge in the fields of science, technology, humanities, social
sciences, education, management, commerce, law, pharmacy, healthcare and any
other field for the advancement of mankind in particular and other objects of the
Universities shall be as follows, namely:-
(a) To provide for instruction, teaching and training in the University in the
field of higher education and make provisions for research, advancement and
dissemination of knowledge;
(b) To establish, maintain and manage institutions and centres of excellence
to create, organize, preserve and disseminate knowledge in the fields of sciences,
technology, humanities, social sciences, education, management, commerce, law,
pharmacy, healthcare and any other field and to provide research, higher education,
professional education, distance learning and e-learning facilities of high order, as
per their current status or as they may develop in future;
1. These words were substituted by Guj. 25 of 2011, s.2(a).
2. These words were substituted, ibid., s.2(b).
Establishment and
incorporation of
Universities.
Objects of University.
4 Gujarat Private Universities Act, 2009 [2009 : Guj. 8
(c) To develop infrastructure for research, higher education, professional education,
teaching, training, extension and outreach, including continuing education, distance learning
and e-learning, to create capabilities for upgrading infrastructure to global standards;
(d) To offer the academic programmes of the University through distance education,
online education, correspondence and any other mode matching with the environmental
developments such as technology need, after obtaining appropriate approvals from the
regulatory bodies;
(e) 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 regulation, rules, etc. made by the regulating bodies;
(f) To create higher levels of intellectual abilities;
(g) To establish state of the art facilities for education and training;
(h) To carry out teaching and research and offer continuing education programmes;
(i) To create centres of excellence for research and development and for sharing
knowledge and its application;
(j) To provide consultancy to the industry and public organisations;
(k) To establish main campus or infrastructure in the State of Gujarat necessary for
the furtherance of its objects;
(l) To establish examination centers;
(m) To confer degrees, diplomas, grant certificates and other academic distinctions on
the basis of examination or any other method of evaluation subject to the guidelines of the
UGC;
(n) To develop training facilities in the field of higher education;
(o) To provide for arrangement for national and global participation in the field of
higher education;
(p) To develop education programmes for certificates, diplomas, degrees and
post-graduates courses, doctorate degrees and post-doctoral programmes and to maintain
a high standard of education, to collaborate with national and global institutions, to offer
programmes and to create capabilities for upgrading programmes to the global standards
subject to the guidelines of the UGC;
(q) To ensure that the standard of the degrees, diplomas, certificates and other academic
distinctions are not lower than those laid down by AICTE, NCTE, UGC, MCI and Pharmacy
Council, and any other similar agency established by the Central Government for regulating
the standard education;
(r) To establish close linkage with the industry, business, educational institutions and
other sections of society to make teaching, research, training, documentation, publication,
use of various media and outreach activities at the University relevant to the needs of the
University and society, at national and international level;
(s) To pursue any other objectives as may be approved by the State Government:
Provided that notwithstanding anything contained in this Act and save as provided in
any Central Act, the University shall be eligible to undertake the functions of disseminating
of knowledge only in the fields for which the State Government has issued letter of intent
or in the fields subsequently approved by the State Government.
2009 : Guj. 8 ] Gujarat Private Universities Act, 2009 5
5. The University shall exercise the following powers and perform the
following functions, namely:-
(i) To administer and manage the University, establish, administer and manage
its constituent colleges and centres for research, education, training, extension and
outreach including continuing education, distance learning and e-learning at its
campus within the State of Gujarat;
(ii) To provide for research, higher education, professional education, teaching,
training, extension and outreach including continuing education, distance learning
and e-learning in the fields of science, technology, humanities, social sciences,
education, management, commerce, law, pharmacy, healthcare and any other fields;
(iii) To conduct innovative experiments in educational technologies, teaching
and learning methods, to collaborate with national and international institutions and
to offer joint programmes with such institutes to constantly improve the delivery of
education and to achieve international standards of education;
(iv) To prescribe courses, curricula and methodologies including electronic and
distance learning and provide for flexibility in the delivery of education;
(v) To hold examinations and confer degrees, diplomas or grant certificates
and other academic distinctions or titles on persons subject to such condition as the
University may determine and to withdraw or cancel any such degrees, diplomas
or certificates and other academic distinctions or titles in the manner prescribed by
the Regulations;
(vi) to confer honorary degrees or other distinctions in the manner prescribed
by the Statutes;
(vii) to establish schools, centers, institues, colleges and conduct the programmes
and coureses of study as are in the opinion of the University, necessary for the
furtherance of its objects;
(viii) to declare as a constituent college any college, centre institution imparting
education as are in the opinion of the University, necessary for the furtherance of its
objects or to establish a new constituent college, centre institution for the purpose;
(ix) to provide for printing, publication and reproduction of research, educational
material and other works and to organize exhibitions, conferences, workshops and
seminars;
(x) to establish knowlege resource centre;
(xi) to sponsor and undertake research and educational programmes in the
fields of science, technology, humanities, social sciences, education, management,
commerce, law, pharmacy, healthcare and any other allied areas;
(xii) to collaborate or associate with any educational institution with like or
similar objects;
(xiii) to establish campuses including virtul campus for the purpose of achieving
the objectives of the University;
(xiv) to undertake research and to obtain registration in respect of such research
in the nature of patents, design rights and such or similar rights with the competent
authorities;
Power and
functions of
University.
6 Gujarat Private Universities Act, 2009 [2009 : Guj. 8
(xv) to maintain linkages and collaborate 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 students, researchers, faculty and staff and generally
in such manner as may be conducive to their common objects;
(xvi) to render services of research, training, consultancy and such other services
as required for the purposes of the University;
(xvii) to develop and maintain relationship with faculty, researchers, administrators
and domain experts in science, techonology, humanities, social sciences, eduction,
management, law, commerce, pharmacy, healthcare and allied area for achieving the
objects of the University;
(xviii) to regulate the expenditure and to manage the finances and to maintain
the accounts of the University;
(xix) to receive funds, movable and immovable properties, equipments, software
and other resources form business, industry, other sections of society, national and
international organization or any other source by transfers or as gifts, donations,
benefactions or bequests for the purposes and objects of the University;
(xx) to establish, maintain and manage halls, hostels for students and quarters
for residence of faculty and staff;
(xxi) to construct, manage and maintain centers, complexes, auditorium,
buildings, stadium for the advancement of sports, cultural, co-curricular and
extra-curricular activities;
(xxii) to supervise and control the residence and regulate the discipline of students,
faculty and staff of the University and to make arrangements for promoting their health,
general welfare, social and cultural activities;
(xxiii) to fix, demand and receive or recover, fees and such other charges as
may be prescribed by the Statutes;
(xxiv) to institute and award fellowships, scholarships, prizes, medals and other
awards;
(xxv) to purchase or to take on lease or accept as gifts, bequests, legacies or
otherwise any land or building or works which may be necessary or 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;
(xxvi) 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 Univertity;
(xxvii) to draw and accept, to make and endorse, to discount and negotiate
promissory notes, bills of exchange, cheques and other negotiable instruments;
(xxviii) to raise and borrow money on bond, mortgages, promissory notes or
other obligations or securities founded or based upon all or any of the properties
and assets of the University or without any securities and upon such terms and
conditions as it may think fit and to payout of the funds of the University, all expenses
incidental to the raising of money, and to repay and redeem any money borrowed.
(xxix) to invest the funds of the University in or upon such securities and
traspose any investment from time to time in such manner as it may deem fit in
the interest of the University;
2009 : Guj. 8 ] Gujarat Private Universities Act, 2009 7
(xxx) to execute conveyances regrading 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;
(xxxi) to admit students for the courses offered by the University in the manner
prescribed by the Ordinances;
(xxxii) to create academic, technical, administrative, ministerial and other posts
prescribing qualifications by the Ordinances and to make appointments thereto;
(xxxiii) to regulate and enforce discipline among the students, employees of
the University and to provide for such disciplinary measures as may be prescribed
by the Regulations;
(xxxiv) to institute professorships, associate professorships, assistant professorships,
readership, lectureships and any other teaching, academic or research posts and to
prescribe by the statutes, the qualifications for the persons to be appointed on such posts;
(xxxv) to appoint qualified persons as professors, associate professors, assistant
professors, readers, lecturers or as teachers and researchers or other officers of the
University;
(xxxvi) to co-operate with other Universites, and acquire membership of, bodies,
authorities, or associations, which may have been formed for the advancement
of learning, science or research, or for the dissemination of knowledge or for the
physical and moral welfare of students, in such manner and for such purpose as the
University may determine by Statutes;
(xxxvii) to delegate all or any of its powers (except the power to make
regulations) to any officer or authority of the University, and;
(xxxviii) to do all such 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;
6. Any sponsoring body desirous to have a private University established by a
law of the State Legislature, shall make an application containing the proposal and
the project report in such manner containing such particulars along with such fee
as may be prescribed.
7. In addition to the particulars as may be prescribed under section 6 and this
shall, the project report contain the following, namely :-
(a) The details of the sponsoring body along with the copies of its registration
certificate under the Societies Registration Act, 1860 or the Bombay Public Trusts
Act, 1950 or the Companies Act, 1956 or registration certificate of a society or trust
registered under the law of any other State and constitution and bye-laws thereof;
(b) The information regarding financial resources of the sponsoring body along
with audited accounts for the past five years;
(c) The name, location and headquarters of the proposed University;
Application for
establishment of
new private
University.
Project Report.
XXI of 1860.
born. 29 of 1950.
1 of 1956.
8 Gujarat Private Universities Act, 2009 [2009 : Guj. 8
(d) The objectives of the University;
(e) The availability of land and details of buildings and infrastructure facilities,
if already exist;
(f) Availabllity of academic facilities including teaching and non-teaching staff,
if any, at the disposal of the sponsoring body;
(g) The details of plants for campus development such as construction of buildings,
development of structural amenities and infrastructure facilities and procurement of
equipment, etc. to be undertaken before the University starts functioning and phased
programme for initial three years;
(h) The phased outlays of capital expenditure proposed for the next three years
and its sources of finance;
(i) The nature and type of programmes of study and research proposed to be
undertaken by the University and their relevance to the development goals and
employment needs of the State and phasing of such programmes over the initial
three years with course wise enrolment targets;
(j) The experience and expertise in the concerned disciplines at the command
of the sponsoring body;
(k) The nature of facilities, courses of study and research proposed to be started;
(l) The estimated recurring expenditure course-wise or activity-wise, sources
of finance and estimated expenditure per student;
(m) The scheme for mobilizing resources and the cost of capital thereto and
the manner of repayment to such sources;
(n) The scheme for the generation of funds internally through the recovery of fee
from students, revenues anticipated from consultancy services and other activities
relating to the objects of the University, and other anticipated incomes;
(o) The proposed fee structure with reference to the details of expenditure on unit
cost and the extent of concessions or rebates in fee or free-ships and scholarships to
the poor students from economically poor or socially backward families, including
Scheduled Castes, Scheduled Tribes, other Backward Classes and handicapped
students;
(p) The system proposed to be followed for selecting students for admission to
the courses of study at the University except in cases of Professional Educational
College or Institutions as defined in the Gujarat Professional Technical Educational
Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 or
the Gujarat Professional Medical Educational Colleges or Institutions (Regulation
of Admission and Fixation of Fees) Act, 2007;
(q) The manner for appointment of teachers and other employees in the
University;
(r) The details of study centres proposed to be started, if the University takes
up distance education programme;
(s) The natures of specialized teaching Training or research activities to
be undertaken by the University so as to fulfill its objectives, if the University
proposes to undertake some programmes related to local needs;
Guj. 2 of 2008.
Guj. 3 of 2008.
2009 : Guj. 8 ] Gujarat Private Universities Act, 2009 9
(t) The relevant details must also be provided if the University proposes to start
some programmes for the benefit of farmers, women and industries;
(u) The details of play grounds and other facilities available or proposed to
be created for games and sports and extra curricular activities like National Cadet
Corps, National Service Scheme, Scouts and Guides, etc;
(v) The arrangments proposed to be made for academic auditing;
(w) Justification regarding the necessity of establishment of the proposed
University;
(x) Commitment to follow of the norms of the regulating bodies;
(y) Such other details as the sponsoring body may like to give;
(z) Such other details as may be prescribed.
8. (1) The Government shall constitute a scrutiny committee consisting of such
members as may be specified by it to consider the proposals for setting up of a new
private University.
(2) The committee shall consider the proposal and the project report based on
the information given under sections 6 and 7 and recommend or otherwise whether
the proposal to set up a new private University is appropriate and whether the
sponsoring body is competent to run this University.
(3) The committee, while considering the proposal and the project report under
sub-section (2), may call for such other information from the sponsoring body as it
thinks proper for the purpose.
(4) The committee shall submit its report to the Government as far as possible
within a period of three months from the date of referring the new proposal to it.
9. On receipt of the report of the scrutiny committee constituted under section
8, if the Government is satisfied it may issue a letter of intent or call further details
from the sponsoring body of the proposed University, or may reject the proposal.
10. If the Government is satisfied that the sponsoring body has complied with
the conditions of Letter of Intent, it may bring appropriate legislation for inclusion of
the name of the University in the Schedule with such name, location and Jurisdiction
as specified in the Schedule.
11. The University may, as and when it may deem fit and proper, establish and
manage some constituent colleges and centres for research, education, training,
extension and outreach including continuing education, distance learning and
e-learning at its campus at any place within the State of Gujarat.
12. (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 ground of sex, race, creed,
class, caste, 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 political or other opinion in order to entitle him to be admitted as a student or to
hold any office or post in the University or to qualify for any degree, diploma or
other academic distinction or to enjoy or exercise any privileges of the University
or any benefaction thereof.
Scrutiny
Committee.
Letter of
intent.
Establishment
and
incorporation of
University by
legislation.
Constituent
Colleges.
University open to
all irrespective of
sex, religion,
class, creed or
opinion.
10 Gujarat Private Universities Act, 2009 [2009 : Guj. 8
CHAPTER III
OFFICERS OF UNIVERSITY
13. The following shall be the officers of the University, namely:-
(a) The President;
(b) The Provost;
(c) The Registrar;
(d) The Chief Finance and Accounts Officers; and
(e) Such other officers as may be declared by the Statutes to be the officers
of the University.
14. (1) The President shall be appointed by the sponsoring body, in consultation
with the State Government, for a period of three years by following such procedure
and on such terms and conditions as may be prescribed by the Statutes.
(2) The President shall be the head of the University.
(3) The President shall preside at the meetings of the Governing Body and
at the convocation of the University for conferring degrees, diplomas or other
academic distinctions and in his absence by any other member of the Governing
Body nominated by it.
(4) The President shall have the following powers, namely:-
(a) to call for any information or record;
(b) to appoint the Provost;
(c) to remove the Provost in accordance with the provisions of sub-section
(6) of section 15;
(d) such other powers as may be prescribed by the Statutes.
15. (1) The Provost shall be appointed by the Governing Body out of the panel
of three persons recommended by the Search Committee consisting of the following
members, and shall, subject to the provisions of sub-section (6), hold office for a
term of three years :-
(i) an eminent professional to be nominated by the Board of Management;
(ii) an eminent educationalist to be nominated by the Board of
Management; and
(iii) one member of the Board of Management to be nominated by the
President:
Provided that, after expiry of the term of three years, a person shall be eligible
for re-appointment for another term of three years:
Provided further that a Provost shall continue to hold the office even after
expiry of his term till new Provost take charge of the office, but in any case this
period shall not exceed one year:
Provided also that the President may appoint first Provost for a period of one
year or until the regular Provost is appointed under this section whichever is earlier.
Officers of
University.
President.
Provost.
2009 : Guj. 8 ] Gujarat Private Universities Act, 2009 11
(2) The Provost shall be the principal executive and academic officer of
the University and shall exercise general superintendence and control over the
affairs of the University and shall execute the decisions of various authorities of
the University.
(3) Where in the opinion of the Provost it is necessary to take immediate
action on any matter for which powers are conferred on any other authority by
or under this Act, he may take such action as he deems necessary and shall at the
earliest opportunity thereafter report his action to such officer or authority as would
have in the ordinary course dealt with the matter:
Provided that if in the opinion of the concerned officer or authority such
action should not have been taken by the Provost then such case shall be reffered
to the President, whose decision thereon shall be final:
Provided further that where any such action taken by the Provost affects
any person in the service of the University, such person shall be entitled to prefer,
within three months from the date on which such action is communicated to him,
an appeal to the Board of Management and it may confirm or modify or reverse the
action taken by the Provost.
(4) Where, in the opinion of the Provost, decision of any authority of the
University is not within the powers conferred by this Act or the Statutes, the
Ordinances, the Regulations or the rules or is likely to be prejudicial to the interests
of the University, he shall request the concerned authority to revise its decision within
fifteen days from the date of its decision and in case the authority refuses to revise
such decision wholly or partly or fails to take any decision within fifteen days, then
such matter shall be reffered to the President and his decision thereon shall be final.
(5) The Provost shall exercise such powers and perform such functions as may
be prescribed by the Statutes or the Ordinances.
(6) The President may, on representation made or otherwise and after making
such inquiry as may be necessary and is of the opinion that the continuance of the
Provost in office is not in the interests of the University, by an order in writing
stating the reasons therein, direct the Provost to relinquish his office from the date
specified in the order:
Provided that before taking an action under this sub-section, the Provost shall
be given an opportunity of being heard.
16. (1) The appoinment of the Registrar shall be made by the Chairperson of
the sponsoring body in such manner as may be prescribed by the Statutes.
(2) All contracts shall be signed and all documents and records shall be
authenticated by the Registrar on behalf of the University.
(3) The Registrar shall be the Member-Secretary of the Governing Body, the
Board of Management and Academic Council but he shall not have a right to vote.
(4) The Registrar shall exercise such powers and perform such duties as may
be specified in the Statutes or the Ordinances.
17. (1) The appointment of the Chief Finance and Accounts Officer shall be
made by the President in such manner as may be prescribed by the Statutes.
(2) The Chief Finance and Accounts Officer shall exercise such powers and
perform such duties as may be specified in the Statutes or the Ordinances.
Registrar.
Chief Finance and
Accounts Officer.
12 Gujarat Private Universities Act, 2009 [2009 : Guj. 8
18. (1) The University may appoint such other officers as may be necessary
for its functioning.
(2) The manner of appointment of other officers of the University and their
powers and functions shall be such as may be specified in the Statutes or the
Ordinances.
CHAPTER IV
AUTHORITIES OF UNIVERSITY
19. The following shall be the authorities of the University, namely:-
(a) The Governing Body;
(b) The Board of Management;
(c) The Acadamic council; and
(d) Such other authorities as may be declared by the Statutes to be the authorities
of the University.
20. (1) The Governing Body of the University shall consist of the following
members, namely:-
(a) The President;
(b) The Provost;
(c) Four persons to be nominated by the sponsoring body out of whom
two shall be eminent educationist;
(d) Two Deans or Directors of the constituent schools or centres of the
University, by rotation, to be nominated by the Provost;
(e) One expert of Management or Information Technology from outside
the University to be nominated by the Governing Body;
(f) Three experts representing other disciplines such as finance, legal,
social sector to be nominated by the Governing Body;
(g) One eminent industrialist to be nominated by the Governing Body;
and
(h) Secretary to the Government of Gujarat, Higher and Technical
Education or his representative not below the rank of Deputy Secretary to
Government or the Deputy Commissioner ex-officio.
(2) The President shall be the Chairman of the Governing Body.
(3) (a) Save as otherwise provided in this section, the term of nominated
members of the Board shall be three years from the date of nomination;
(b) An ex-officio member shall continue so long as he holds the office
by virtue of which he is such a member.
(c) As nearly as one third of the nominated members, except the ex-officio
member shall retire by rotation each year. In the first two instances, the Board
may decide the procedure to identify the members who will retire.
(d) A member may be re-nominated for the next term.
(e) A member may resign his office by writing under this hand, addressed
to the Chairperson, but he shall continue in office untill his resignation has
been accepted by the Chairperson.
(4) The Governing Body shall be the supreme authority of the University. All
the movable and immovable property of the University shall vest in the Governing
Body.
(5) The Governing Body shall have the following powers, namely:-
(a) to provide general superintendence and directions and to control
functioning of the University by using all such powers as are provided by this
Act or the Statutes, Ordinances, Regulations or Rules made thereunder;
Other officers.
Authorities of
University.
Governing Body.
2009 : Guj. 8 ] Gujarat Private Universities Act, 2009 13
(b) to review the decisions of other authorities of the University in case
they are not in conformity with the provisions of this Act or the Statutes, Ordinances,
Regulations or Rules made thereunder;
(c) to approve the budget and annual report of the University;
(d) to lay down the extensive policies to be followed by the University;
(e) to recommend to the sponsoring body about the voluntary liquidation
of the University; and
(f) such other powers as may be prescribed by the Statutes.
(6) The Governing Body shall meet at least three times in a calender year.
(7) Minimum four members shall form a quorum for a meeting of the
Governing Body.
21. (1) The Board of Management shall consist of the following persons,
namely:-
(a) the President;
(b) the Provost;
(c) two members of the Governing Body, to be nominated by the
Sponsoring Body;
(d) two persons, who are not the members of the Governing Body, to be
nominated by the Sponsoring Body;
(e) three persons from amongst the faculty members of the University, to
be nominated by the Sponsoring Body; and
(f) one faculty member, to be nominated by the President.
(2) The President shall be the Chairperson of the Board of Management:
Provided that President may at his discretion, nominate any other member of
the Governing Body to be the Chairperson of the Board of Management.
(3) The powers and functions of the Board of Management shall be such as
may be prescribed by the Statutes.
(4) The Board of Management shall meet once in every two months.
(5) Minimum four members shall from a quorum for a meeting of the Board
of Management.
22. (1) The Academic Council shall consist of the Provost and such other
members as may be prescribed by the Statutes.
(2) The Provost shall be the Chairperson of the Academic Council.
(3) The Academic Council shall be the principal academic body of the
University and shall, subject to the provisions of this Act, the Statutes, the Ordinances
and the rules made thereunder, co-ordinate and exercise general supervision over
the academic policies of the University.
(4) The quorum for meetings of the Academic Council shall be such as may
be prescribed by the Statutes.
23. (1) A person shall be disqualified for being a member of any of the
authorities or bodies of the University, if-
(a) he is of unsound mind and stands so declared by a competent court;
(b) he is an undischarged insolvent;
Board of
Management.
Academic
Council.
Disqualifications.
14 Gujarat Private Universities Act, 2009 [2009 : Guj. 8
(c) he has been convicted of any offence involving moral turpitude;
(d) he is conducting or engaging himself in private coaching with or
without pecuniary gain ; or
(e) he has been punished for indulging in or promoting unfair practice
in the conduct of any examination in any form, anywhere.
24. No act or proceedings of any authority of the University shall be invalid
merely by reason of any vacancy in or defect in the constitution of any authority or
body of the University.
25. The authorities of the University may constitute such committees with
such terms of reference as may be necessary for specific tasks to be performed by
such committees. The constitution of such committees, powers to be exercied and
duties to be performed shall be such as may be prescribed by the Statutes.
CHAPTER V
STATUTES, ORDINANCES AND REGULATIONS
26. (1) Subject to the provisions of this Act, and the rules made thereunder,
the First Statutes may provide for all or any of the following matters, namely :-
(a) the constitution, powers and function of the authorities and other bodies
of the University as may be constituted from time to time;
(b) the terms and conditions of appointment of the Provost, his powers
and functions;
(c) the manner and terms and conditions of appointment of the Registrar
and Chief Finance and Accounts Officer, their powers and functions;
(d) the manner and terms and conditions of appointment of other officers
and teachers and their powers and functions;
(e) the terms and conditions of service of employees of the University;
(f) the procedure for arbitration in cases of disputes between employees
or students and the University;
(g) the conferment of honorary degrees;
(h) the provisions regarding examption from payment of tuition fee and
awarding scholarships and fellowships to the students;
(i) framing of policy for admissions, including regulation of reservation
of seats; and
(j) fees to be charged from students.
(2) The First Statutes of the University shall be made by the Governing Body
and shall be submitted to the State Government for its approval.
(3) The State Government shall consider the First Statutes, submitted by the
University and shall approve it as far as possible within two months from the date
of its receipt, with or without modifications, as it may deem necessary.
(4) The University shall communicate its agreement to the First Statutes as
approved by the State Government, and if it desires not give effect to any or all
the modification made by the State Government under sub-section (3), it may give
reasons therefore and after considering such reason, the State Government may or
may not accept the suggestions made by the University.
(5) The State Government shall publish the First Statutes, as finally approved
by it, in the Official Gazette, and thereafter it shall come into force from the date
of such publication.
Vacancies not to
invalidate the
costitution of, or
the proceedings of
any authority or
body of University.
Committees.
First
Statutes.
2009 : Guj. 8 ] Gujarat Private Universities Act, 2009 15
27. (1) Subject to the provisions of this Act and the rules made thereunExcerpt shown. Open the full act in Lexace.