LexThe Gujarat Forensic Sciences University Act, 2008.
Gujarat · state statute
Open in Lexace · Ask the AI about this actE:1tra No. 18 REGISTERED No. G/GNR/2 © ~be <!9ujarat <!9obernment ~a?ette EXTRAORDINARY PUBLISHED BY AUTHORITY Vol. XL1XJ TUESDAY, SEPTEMBER 30, 2008/ASVINA 8, 1930 Separate paging is given lD this Part in order that it may be filed as a Separate Compilation. PART IV Acts of Gujarat Legislature aod Ordinances promulgal!:d aod Regulations made by tbe Governor. The following Act of the Gujarat Legislature, having been assented to by the Governor on the 291h September, 2008 is hereby published for general information. H. D. VYAS, Secretary to the Government of Gujarat, Legislative aod Parliamentary Affairs Department GUJARAT ACT NO. J70F2008. (First published, after having received the assent of the Governor, in the "Gtifarat GovernmenJ Gazette" on the 30th September, 2008). AN ACT to establish and incorporate a University to be known as the Gujarat Forensic Sciences University in the State of Gujarat and for matters connected therewith or incidental thereto. It is hereby enacted in the Fifty-ninth Year of the Republic of India as follow-s:- CHAPTER I PRELIMINARY I. (I) This Act may be called the Gujarat Forensic Sciences University Act, 2008. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazelle, appoint. IV-Ex., 18-1 18· l Sbort title and commencemeuL 18-2 GUJARAT GOVERNMENT GAZETIE, EX,. 30-9-2008 (PART IV Dermitions 2. In this Act, unless the context otherwise requires, - Establishment aad (i) "Academic Council" means the Academic Council of the University constituted under section 16; (ii) "Board" means the Board of Governors of the Uni versify constituted under section 12; (iii) "Deans" ·means the Deans of the University appointed under section 23; (iv) "Director of Research and Development" means the Director of Research and Development of the University appointed under section 20; (v) "Directors" means the Directors of the Institutes or the centres of the University appointed under section 22; (vi) "Director General" means the Director General of the · University appointed under section 8; (vii) "Finance Committee" means the Finance Committee of · the University constituted under section 18; (viii) "prescribed" means prescribed by the regulations; (ix) "Registrar" means the Registrar of the University appointed under section 21; (x) "Regulations" means the regulations of the University made under section 35; (xi) "University" means the Gujarat Forensic Sciences University established and incorporated under section·3. 3. CHAPTER Il UNIVERSITY (1) There shall be established a University by the name of the "Gujarat incorporation or Forensic Sciences University". University. (2) The Director General, the Board, the Academic Council, the Directors, Director of Research and Development, the Deans, the Registrar and all other persons who may hereafter become such officers or members so long as they continue to hold such office or membership, are hereby constitute a body corporate by the name of the "Gujarat Forensic Sciences University". PART IV] GUJARAT GOVERNMENT GAZE! IE,EX, . 30-9-2008 · (3) The University shall be a body corporate by the name as aforesaid, having perpetual succession and common seal with power, subject to the provisions of this Act, to acquire and hold property, to contract and shall, by the said name sue or be sued. (4) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on, the Registrar. 4. The headquarters of the University shall be at Gandhinagar, Gujarat . 18-3 Headquarters ofUD.iversity. s. The University shall be deemed to be established and incorporated for Objects or (i) the following objects, namely :- to develop the knowledge of science, teclmology, providing specially designed academic training programmes in various technologies related with forensic science and behavioural science and also advanced teclmologies of forensic science and behavioural science, which includes both theoretical ioput and practical training for forensic and other applications; to generate expertise in advanced technologies required in investigation and handling of crime cases; (ii) to create centres and institutions of excellence for imparting State of the-art education training and research in the fields of forensic science, behavioural science, teclmology and management; (iii) to create capabilities for development of knowledge, skills and competencies at various levels in the field of forensic science; (iv) to create capabilities for upgrading the infrastructure of global standards for education, training and research in the areas related to forensic science, technology, criminology and applied behavioural science; (v) to develop patterns of teaching and training at various levels of educational accomplishment so as to set high standards of education in University. University open to all irrespective of sex, religion, class, creed or opinion. Powers and functions of University. 18-4 .. __ ,.. .... . , . . ..... .. ··········· .. - GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 [PART lV science, technology and management in relation to forensic technologies of various specialties like DNA, Fingerprint, brain fingerprinting, document and photography, ballistics , cyber crime, Narco analysis test, etc. (vi) to function as a leading resource centre for knowledge and development in the areas of forensic science, behavioural science related to civil and criminal laws; (vii) to provide inter-relationship for national and global participation in the fields of forensic science, behavioural science and technology in relation to the domain of investigation and detection of crime and furthering the cause of criminal justice system; (viii) to establish close linkages with various forensic science laboratories or institutes and law enforcement authorities to make teaching, training and research relevant in forensic science; (ix) such other objects, not inconsistent with the provisions of this Act which the State Government may, on application by the University, by notification in the Official Gazette, specify in this behalf. 6. (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 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 academic distinction or to enjoy or exercise any privilege of the University or any benefaction thereof. 7. Subject to the provisions of this Act, the University shall exercise the following powers and perfonn the following functions, namely:- PART IV] GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 (i) to administer and manage the University and to establish such institutes and centres for research, education and instructions as are necessary for the furtherance of the objects of the University; (ii) to provide for instructions, training a!ld research in such branches of knowledge or learning pertaining to forensic science, behavioural science, technology and management in relation to civil and criminal laws, allied areas, prevention of crimes and rehabilitation of the victims; (iii) to conduct innovative experiments in new methods and technologies in the field of science, technology and management in relation to the domains of investigation, prevention and detection of crimes and furthering the cause of criminal justice systems in order to achieve international standards of such education, training and research; (iv) to prescribe courses and curricula and provide for flexibility in the education systems and delivery methodologies including electronic and distance learning; (v) to hold examinations and confer degrees, diplomas or grant cenificates 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, cenificat~s, or other academic distinctions or titles in the manner as may be prescribed; (vi) to confer honorary degrees or other distinctions in the manner as may be prescribed; (vii) to establish such special centres, specialized study centres or other units for research and development as are, in the opinion of the University, necessary for the furtherance oiitS objects; (viii) to provide for printing, reproduction and publication of research and other work and to organize exhibitions, workshops, seminars, conferences, etc.; (ix) to sponsor and undertake research in all aspects of forensic science, behavioural science, technology and allied areas in relation to 18-5 18-6 ..... . ...... - .......... . GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 [PART IV investigation, detection and prevention of crimes and rehabilitating the victims of crimes; (x) to collaborate or associate with any educational institution with like or similar objects; (xi) to develop and maintain linkages with educational or other institutions in any part of the world having objects wholly or partially similar to those of the University, through exchange of teachers, srudents and scholars and generally in such manner as may be conducive to their common objects; (xii) to develop and maintain relationships with teachers, researchers and experts in the domains of investigation and detection of crimes and furthering the cause of criminal justice system for achieving the objects of the University; (xiii) to regulate the expendirure, manage the finance and to maintain accounts of the University; (xiv) to receive grants, subventions, subscriptions, donations and gifts for the purposes of the University and consistent with the objects 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 or bodies for receiving any grants; (xv) to receive funds from the industries or from any other sources as gifts, donations, benefactions or bequests and by transfers of movable and immovable properties for the purposes and objects of the University; (xvi) to establish, maintain and manage halls and hostels for the residence of srudents and accommodation for faculties, officers and employees of the University and the guest houses; (xvii) 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; (xviii) to fix, demand and receive or recover fees and such other charges as may be prescribed; PART IV] GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 (xix) to institute and award fellowships, scholarships , prizes, medals and other awards; (xx) to purchase or to take on lease 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 proper and to construct, alter and maintain any such buildings or works; l ( .) , . XXl 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, consistent with the interest, activities and objects of the University after taking prior permission of the State Government; (xxii) to draw and accept, to make and endorse, to discount and negotiate Govenunent promissory notes and other promissory notes, bills of exchange, cheques or other negotiable instruments; (xxiii) to raise and borrow moneys on bonds, 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 moneys, to repay and redeem any money borrowed after taking prior permission of the State Government; (xxiv) 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; (xxv) to execute conveyances regarding transfers, mortgages, leases, licenses, agreements and other conveyance in respect of the property, movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University after taking prior permission of the State Government; (xxvi) to admit the students for the courses offered by the University in the prescribed manner; I 8-7 Director General 18-8 GUJARAT GOVERNMENT GAZElTE, EX,. 30-9-2008 [PART IV (xxvii) to create academic, technical. administrative, ministerial and other posts and to make appointments thereto; (xxviii) to regulate and enforce discipline among the employees of the University and to provide for such disciplinary meru.ures as may be prescribed; (xxix) to institute professorships, associate professorships, assistant professorships. readerships, lectureships. endowed professorship, honorary professorships, adjunct professorships. emeritus professors and any other teaching, academic or research posts and to prescribe qualifications for them; (xxx) to appoint persons as Directors, Director of Research and Development, Deans, Professors, Associate Professors, Assistant Professors, Readers, Lecturers, Adjunct Professors, Registrar, or otherwise as teachers and researchers of the University; (xxxi) subject to the provisions of this Act and the 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 and subject to the condition that the ultimate responsibility for the exercise of the power so delegated shall continue to rest in the officer or authority delegating them; (xxxii) 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. 8. (\)The Director General of the University shall be appointed by the State Government. (2) The person to be appointed as the Director General shall,- (i) be a renovmed Forensic Scientist, (ii) be associated with Gujarat and worked in the State in terms of development, education, philanthropy, industrial or business development or exemplary administration in the State Services, Corporations or public bodies, PART IV] GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 18-9 (iii) not have attained the age of sixty -five years on the date of nomination or re-nomination . (3) The Director General shall hold office for a period of three years and shall be eligible for re-appointment for a further period of three years. ( 4) The other terms and conditions of the Director General shall be such as may be determined by the State Government. (S) The Director General may resign from his office by writing under hi_s hand addressed to the State Government and such a resignation shall take effect from the date of acceptance by the State Government 9. (1) The Director General shall have, subject to the provisions of Powers and duties of this Act, power to cause an inspection or review to be made by such person or Director Genernl. persons as he may direct, of the University, its buildings, hostels, 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 com1ected with the adminis tration, academic affairs and finance of the University. (2) Without prejudice to tbe generality of the foregoing provisions, the Director General shall - (i) be the chief executive and academic officer of the University. He shall preside over the meetings of the . Board, Academic Council and the Finance Committee; (ii) ensure implementa tion of the decisions of the authorities of the University; (iii) be responsible for imparting of instructions and maintenance of discipline in the University; and (iv) ·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 State Government.. 18-10 GUJARAT GOVERNMENT GAZEITE, EX,. 30-9-2008 [PART IV (3) Where any matter is of urgent nature requiring immediate action and the same cannot be immediately dealt with by the 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 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 \Vith 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 effects or, as the case may be, shall take effect in such modified fonn so 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. (4) Where the exercise of the power by the Director General under sub section (3) involves the appointment of any person, such appointment shall be confomed 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 months from the date of order of the Director General. CHAPTER ID AUTHORITIES AND OFFICERS OF UNIVERSITY Authorities IO. The following shall be the authorities of the University, namely:- of Uoivenity. (i) the Board of Governors; (ii) the A~demic Council; · (iii) the Finance Committee; and (iv) such other authorities as may be declared by regulations to be the authorities of the University. - --·-··- ._.. .......... ... PART IV) GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 18-11 11. 12. The following shall be the officers oft.'le University, namely:- (i) The Director General, (ii) The Director of Research and Development, (iii) The Directors, (iv) The Deans, (v) The Registrar, and (vi) such other persons in the service of the University as may be declared by regulations, to be the officers of the University. (I) The Board of Governors of the University shall consist of the following members, namely ;- (i) the Director General, who shall be the Chairman of the Board; (ii) the Director of Research and Development; (iii) one Director of the University, by rotation, to be nominated by the Director General; (iv) one Police Officer, not below the rank of Additional Director General of Police, to be nominated by the State Government; (v) the Registrar General of the High Court of Gujarat; (vi) an officer of the Home Department, not below the rank of the Secretary to Government, to be nominated by the State Government; (vii) an officer of the Education Department, not below the rank of the Secretary to Government, to be nominated by the State Government; (viii) three academicians or professionals in the field of forensic science, to be nominated by the State Government. (2) The Registrar shall be the Secretary of the Board. 13. (I) The Chainnan shall preside at the meetings of the Board and at the convocation of the University. (2) The Chairman shall exercise such other powers and perform such other functions as may be assigned to him by or under this Act or the regulations. Officers of University. Board of Governors. Powers of Chairman of Board. Powers and functions of Board. 18-12 GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 [PART IV 14. (1) Subject to the provisions of tr.is Act, the Board shall be responsible for the general superintendence, direction and the control of affairs of rhe University and shall exercise all the powers of the University, and shall have the power to review the acrs of the Academic Council and the Finance Committee and other committees or authorities of the University. (2) Without prejudice 10 the provisions of sub-section (I ),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 budget of the University for every financial ye;ir; (v) to invest moneys and funds of the University and to take decision on the recommendations of the Finance Committee; (vi) ro publish or finance the publication of studies, treaties, books, periodicals, reports and other literature from time to time and to sell or arrange for the sale as it may deem fit; (vii) to create or abolish posts of teachers and officers and employees of the university; (viii) to appoint such committees as it considers necessary for the exercise of its powers and performance of its duties under this Act; (ix) to appoint Directors of the University; (x) to delegate any of its power to the Directors, Deans, Registrar or any other officer, employee or any authority of the University or to a comm ittee 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.such other powers for achieving the objects of the University. PART TV] GUJARAT GOVERNMENT GAZETIE, EX,. 30-9-2008 18-13 IS. (I) Save as ot11erwise provided in this section, the term of a Term of office and nominated member of the Board under clauses (iii) and (viii) of sub-section (I) of section 12 shall be three years from the date of his nomination . (2) A member shall be eligible for re-nomination for the next term. (3) A member nominated under clause (viii) of sub-section (1) of section 12 may resign from his office by wTiting under his hand addressed to the Chairman and his resignation shall take effect from the date it is accepted by the Chairman. 16. (1) The Academic Council of the University shall consist of the following members, namely :- (i) Tbe Director General, who shall be the Chairman of the Academic Council; (ii) Two academicians or professionals, to be nominated by the Board; (iii) Two academicians or professionals in the field of forensic science, to be nomjnated by the Board; (iv) The Director of Research and Development; (v) The Directors of the University; (vi) One professor from each discipline of the University, by rotation, to be nominated by the Director General. (2) The Registrar shall be the Secretary of the Council. (3) The term of office of the members nominated under clauses (ii), (iii) and (vi) of sub-section (l) shall be three years. 17. Subject to the provisions of this Act and the regulations, the Academic Council of the University shall exercise the following powers and perform following 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 ~e University; vacancies among members of "&ard. Academic CounciL Powers and functions of Academic Council. 18-14 . .... . .. ··-- - GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 [PART IV . (ii) to consider matters of general academic interest either on its own initiative or on a reference from the faculty of the University or the Board and to take appropriate action thereon: (iii) to recommend to the Board, such regulations as are consistent with this Act regarding the academic functioning of the University including discipiine of students; and (iv) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by the regulations. Finance 18. (!) The Finance Committee shall consist of the following members, Committee Powers and functions of Finance Committee. namely:- (i) The Director General, who shall be the Chairman of the Committee; (ii) The Director of Research and Development; (iii) · Two members of the Board (one of them shall be a Government nominee on the Board) to be nominated by the Board. (iv) The Directors of the University; (v) one expert in the field of finance, to be nominated by the Board; (vi) one professor, by rotation, to be nominated by the Board. (2) The Registrar shall be the Secretary of the Committee. (3) The term of office of the members nominated under clauses (v) and (vi) shall be three years. 19. 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 to 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; PART iV) GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 18-15 (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 Lile budget needs to be incurre<l; (vii) to examine all proposals relating to the revision of pay-scales, upgradation of the scales and those items which are not included in the budget prior to placing 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. 20. ( 1) · The Director of Research and Development shall be appointed by the Director General with the approval of the Board. (2) He shall be a renowned researcher having out-standing published research work in reputed National or International Journals and under whom at least ten candidates should have obtained the doctorate degree. (3) The qualifications and other terms and conditions of the Director of Research and Development shall be such as may be prescribed by the regulations. ( 4) He shall assist the Director General in managing the research and development related academic, administrative and other affairs of the institute. (5) He shall exercise such other powers and perform such other functions as may be prescribed or entrusted to him by the Director General. Director of I«search · and Development 21. (!) The Registrar shall be appointed by the University in such Registrar. ' manner and on such terms and conditions as may be prescribed. (2) The Registrar shall exercise the following powers and perform following duties, namely: - .. . . .. ... . - .. .. . . .... . ... 18-16 GUJARAT GOVERNMENT GAZETIE, EX,. 30-9-2008 [PART IV (i) he shall be responsible for the custody of records. common seal, the fonds of the University and such other property of the University; (ii) be shall 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) he shall be responsible to the Director General for the proper discharge of his functions; (iv) he shall be responsible for the administration 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) be shall attest and execute all documents on behalf of the University; (vi) he shall verify and sign the pleadings in all suits and other legal proceedings by or against the University and all processes in such suits and proceedings shall be issued to and served on the Registrar; and (vii) he shall 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. Directors. 22. ( 1) The Directors of the institutes shall be appointed by the Director General witl:i 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 institutes and shall exercise such powers and perform such functions as may be prescribed or entrusted to them by the Director General. Deans. 23. (I) The Deans shall be appointed by the Director General from amongst the faculties of the University. ......... _ . ... . ····-·· ....... ·~ ... ............ ......... ........ . . PART IV] GUJARAT GOVERNMENT GAZEITE, EX,. 30-9-2008 18-17 (2) The Deans shall assist the Director General and respective Directors of the institutes or centres in managing the academic and other affairs of the University and shall exercise such powers and perform such functions as may be prescribed or entrusted to them by the Director General and the Director. CHAPTER IV FINANCE 24. The State Government shall place funds at the disposal of the University to be called the Permanent Endowment Fund of sum of five crores of rupees or such sum, required for meeting the fuli operational expenditure of the University, whichever is more, for a period of five years in the form of long term interest bearing securities issued or guaranteed by the Central Government or the State Government. -25. The Government 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 powers and discharge of its functions by the University by or under this Act. 26. (!) The University shall establish a fund to be called the 'University Fund' consisting of- (i) any contribution or grants or loans by the State Government and the Central Government; (ii) the income of the University from all sources including income from fees and charges; (iii) the moneys received by the University by way of grants, loans, gifts, donations, benefactions, bequests or transfer endowments and other grants, if any; (iv) the moneys received by the University from the collaborating industries in terms of the provisions of the Memorandum of Understanding entered between the University and the industry, for establishment of sponsored chairs, fellowships or infrastructure facilities of the University; and Permanent Endowment Fund or University. Payment by State Government to University. Fund or University. Accounts and audit 18-18 GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 [PART IV (v) the moneys received by tbe University in any other manner or from any other source. (2) All funds of the University shall be deposited in such banks or invested m such manner as the Board may decide on the recommendation of the Finance Comminee. (3) The funds of the University sball be applied towards the expenses of the University including expenses incurred in the exercise of its powers and discharge of its functions by or under this Act. 27. (I) The University shall maintain proper accounts and other relevant records and prepare an Annual Statement of Accounts, including the income and expenditure account and the balance sheet, in such form and in such manner as may be prescribed. (2) The University shall adopt a proper system of internal checks and balances and control in the discharge of its financial, 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 as defined in the Chartered Accountants Act, 1949 or a firm of Chartered Accountants, to be appointed by the Board. (4) The accounts of the University certified by the person or fitm so appointed or any other persons 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 audited by an internal auditor who shall be a Chartered Accountant or a firm of Chartered Accountants appointed by the Board to ensure concurrent audit of all books of accounts.and · such periodic internal audit reports shall be placed before the Board for review. 38of 1949. 19of 1925. PART IV] GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 18-19 (6) The University shall prepare for each year an annual report of its activities of the previous year containing such particulars as the Board may specify and submit the same in the form of Annual Report to the Board on or before such date as may be prescribed, for review and approval. (7) The copy of the annual report and annual audit report along with the resolution of the Board thereon shall be submitted to the State Government. 28. (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 esrablishment and support of the associations, institutions, funds, trust and conveyance calculated to the benefit of the officers, teachers, 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 IV SUPPLEMENT ARY PROVISIONS 29. 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 invalided 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. 30. Not withstanding anything contained in any other State law for the time being in force, the University shall have powers to confer degrees, diplomas and grant certificates and confer honorary degrees and other academic distinctions and titles as approved by the Board. Pension, insurance aod Provident Fund. Acts and proceedings nottobe invalidated by vacaocies. Confermeat or degrees, diplomas aod gnntof catilicates by University. 31. The University shall furnish to the State Government, University Returns and Grants Commission and other statutory authorities, such reports, returns, statements and other information as may be required by them from time to time. information. ] 8-20 GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 [PART IV O!facers and employees to bepublk scrvanL Dismissal, removal, reduction or termination of services or staff of University. Power or State Government to give directions. Power to make 32. 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 if 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 fees for any work done from the University fund, shall be deemed to be an officer or employee of the University while he is perfonning the duties and functions connected with such appointment or work. 33. (1) No officers or employees or members of the teaching, non-teaching and other academic staIT of the University shall be dismissed or removed or reduced in rank except after an inquiry in which be bas 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 (I) or of termination of service shall be made to the Director General v..ithin ninety days from the date of communication of such order and the decision of the Director General in such appeal shall be final. 34. The State Government shall have powers to issue directions from time to time as may be required for compliance of the provisions of this Act, the regulation made thereunder and any other law for the time being in force and the University shall be bound to comply with such direction. (1) Subject to the provisions of this Act, the Board shall have in regulations. 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:- 45 ofl860. PART IV] GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 18-21 (i) the summoning and holding of meetings of the authorities of the University, other than the first meeting of tbe Board and the quomm and conduct of business at such meeting; (ii) the powers and functions to be exercised and discharged by the Director General; (iii) the constitution, powers and duties of ihe authorities, bodies and other committees of the University, the qualifications and disqualifications for membership of such authorities, terms of office of the membership, appointment and removal of member thereof and other matters co1U1ected therewith; (iv) the procedure to be followed by the Board and any committee or other body constituted by or under this Act or by the regulation 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 degree, diplomas, certificates and other academic distinctions and titles and the requirements thereof; (ix) the conduct of examinations including the term of office and appointment of examiners ; (x) the creation of posts of Directors, Professors, Associate Professors, Assistant Professors, Readers, Lectures or equivalent academic designations or posts, officers and employees of the University, and the appointment of persons to such posts including the requisite qualifications thereof; (xi) the fees and other charges to be paid to the University for the courses, training, facilities and services provided by it; (xii) the manner and conditions for constitution of insurance, pension and provident funds and such other schemes for the benefits of officers, teachers and employees of tl1e University; . " ... , ' --- Appointment of First Registrar. Transitory provisions. 18-22 GUJARAT GOVERNMENT GAZETIE, EX,. 30-9-2008 [PART IV (xiii) the terms and conditions for association of the University with other institutions; (xiv) the preparation of budget estimates and maintenance of accounts; (xv) the mode of execution of contracts or agreements by or on behalf of the University; (xvi) the classification and procedure for appointment of officers, employees and other staff of the University; (xvii) the terms and conditions and tenure of appointment, salaries and allowances, contractual services, rules of discipline and other conditions of service of the Director of Research and Development, Director, other officers, teachers and employees of the University; (xviii) the terms and conditions governing deputation of teachers, officers and employees of the University; (xix) the powers and duties of the Director of Research and Development, Directors and other officers, teachers and employees of the University; (xx) the terms and conditions governing fellowships, scholarships, stipends, medals and prizes; (xxi) the authentication of the orders and the decisions of the Board; (xxii) the matters relating to hostels and halls of residence and housing for faculties, officers and employees and guest house including disciplinary control therein; and (xxiii) all matters which by this Act are to be or may be prescribed. 36. Notwithstanding anything contained in section 20, the first Registrar shall be appointed by the State Government as soon as practicable after the commencement of the Act for a period not exceeding three years and on such conditions as the State Government thinks fit. 37. Notwithstanding anything contained in this Act, the Director General may, with the prior approval of the Board and subject to availability of the fimds, discharge all or any of the fimctions of the University for the purpose of carrying -·-=------....... ~=,,,... ....... ~~------ PART JV) GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 18-23 out the pro"isions of this Act and the regulations and for that purpose, may exercise any power or perform any duty which by or under this Act and regulations are to be exercised or performed by any authority of the University until such authority comes into existence in accordance with the provisions of this Act and the Regulations. 38. No suit, prosecution or other legal proceedings shall lie against and no Indemnity. damage shall be claimed from the University, 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. 39. (l) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazelle, 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 rwo years from the date of commencement of this Act. (2) Every orde r made under this section shall be laid, as soon as may be after it is made, before the State Legislature. Government Central Press, Gandhinagar. Power or State Government lo remove difficnlties. \