LexThe Gujarat Biotechnology University Act, 2018.
Gujarat · state statute
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tEbe d9ujarat d9obernment 49a;ette
Vol. LIX]
EXTRAORDINARY
PUBLISHED BY AUTHORITY
MONDAY, OCTOBER 8, 2018/ASVINA 16, 1940
Separate 1»ging is given to this Part in order that it may be filed as a Separate Compilation.
PART JV
Acts of Gujarat Legislature and Ordinances promulgat ed and
Regulations m,1cJe by the Governor .
Th.e following Act of the Gttjarat Legislan1re, having been assented to by the Governor on
the 6" October, 2018 is hereby published for general information.
K. M. LALA,
Secretary to the Government of Gujarat,
Leg islative and Parliamentary Affairs Department.
GUJARAT ACI' NO. 16 OF 2018.
(First publ ished, after having received the assen t of the Gove rnot', in the "Gujara1
Government Gazelle''. on the 81h October, 20 I 8).
AN ACT
10 provide for establishment and incorporation of Bio1ech110/ogy
University in !he Slate o/Gujarar and 1he mailers connecled therewith
and incidental thereto.
It is hereby enac ted in the Six ty-ninth year of the Republic of
India as follows:-
CHAPTER I
PREL IMINARY
1. (I) This Act may be called the Gujarat Bioteclu10Jogy Univers ity Act, Short title and
2018. ('On11ncncenle11t,
(2) h shall come into force on such date as the State Government may ,
by notification in the Official Gazelle, appoint.
IV-Ex.-17 17-1
17·2 GUJARAT GOVER.l'JMENT GAZE1TE, EX. 08-10-20 18 [PART rv
Definitio ns. 2. Jn this Act, unless the context otherwise requires: -
E$tablishment and
incorporation of
Univer$ity.
(i) "Academic Council" means the Academic Council of the
University constituted under section 15;
(ii) "Adv isory Council" means the advisory council of the
University constituted under section 17;
(iii) "Board" means the Board of Governors of the University
constituted under section 12;
(iv) "Chainna n" means the Chairman of the University appoimcd
under sect ion IO;
(v) "Cotl1percnt Atithority" means any person who is legally
delegated or invested authority or power to perform
designated functions in relation with the affairs of the
University;
(vi) "Dean" means the Deans of the University appointed under
section 26;
(vii) "Director" mean the Directors of the University, or of the
Institutes or of the schools or of the Centers of the Universit)'
appointed under section 25;
(viii) "Director Genernl" means the Direct<>r General of the
University appointed under section 2 J;
(ix) "Finance Committee" means the Finance Committee of the
University constituted under section 19;
(x) "prescribed" means prescribed by regulations;
(xi) "Registrar" means the Registrar of tbe University a1,pointed
under section 24;
(xii) "Regulations" means the regulations of the University made
under section 18;
(xiii) "State Government" means the Government of Gujarat;
(xiv) "Student of the University" means a person enrolled in tbe
University for studying for a degree, dip loma or Olhcr
academic distinction tmder the provisions of this Act;
(xv) "University" means the Gujarat Biotechnology University
established and incorporated under the provisions of this Act;
CHAPTER IT
THE UNIVERSITY
3. ( l) l11ere shall he established a University by the name of the
"Gujarat Biotechnology University".
(2)The Chainnan, Director General, the Board, tl1e Academic Council, the
Advisory Council. the Oirectors, the Deans, the Regisa·ar and all other person!;
'"h<.> 1nay here.after beco1ne such officers or n\e1nbers thereof so Jong as they
continue l<> hold such office or membership, hereby constitute a body
corporate b)' the n•me of the" Gujarat Biotechnology University''.
(3)The University shall be a bod)' corporate by the name as aforesaid,
having perpetual succession and common seal wit h power, subject to the
provisions of this Act, to acquire and hold and dispose of propert)', to
contract and shall, by the said name sue or be sued.
PART lY] GUJARAT GOVERNMENT GAZETTE. EX. 08-10-2018
(4) In all suits and othel' legal prnceedings by or against the University,
the pleadings shall be signed and verified by the Registrar and all
processes in such suits and proceedi11gs shall be issued lo, and be served
on, the Registrar.
(5) The University shall be competent to raise loans on the securities of
its assets and to contract and do all other things necessary for the
purposes of this Act:
Prnvided that the, power to raise any such loan shall be exercised
afte1· obtaining the prev ious permission of the State Government.
17-3
4. The headquarters of the university shall be at such place as the Headqu arters of
State Government may, by notification in the Official Gazelle, specify. un;vers;iy.
5. The University shall be deemed to be established and Objectsof
incorporated for the following objects, namely: un;vers ity.
(i) lo create schools, centers and institutions of excellence for
imparting State of the art product focused, research based,
education and skill in the field of biotechnology and allied
sciences;
(ii) to create capabilities for developing world-class
infrastructure, intellectual prope11y base and skill sets for
education, ll'aining, research, product development and
technology commercialization in biotechnology and allied
sciences;
(iii) to develop innovative methods for applied and translational
research, teaching and skill at various levels of educational
accomplishment so as to set high standards of practice based
education in biotechnology and allied sciences;
(iv) to address the societal challenges of the State and the nation
and to develop linkages with institutions of national and
global repute and to create templates and models of
collaboration for interdisciplinary study and research to solve
developmenta l problems using the tools and teclmiques of
biotechnology and allied sciences;
( v) to create a platfo1111 for developing industry linkages
delivering research solutions to society by catalyzing
translational opportunities;
(vi) to function as a leading resource center for knowledge and
development in the areas of biotechnology and allied
sciences;
(vii) such other objects, not inconsi~ t en t with the provisions of tb.is
Act which the State Government may, on application by the
University, by notification in the Official Gazelle, specify in
this behalf.
17-4
University open to all
ir1espcctiv(' of s~x.
religion, class, creed,
national ity or
opinion.
GUJARAT GOVERNMENT GAZETTE, EX. 08-10-2018 [PART IV
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,
nationality , place of birth, religious belief or political or other opinionor
any of them.
(2) It shall 1101 be lawful for the University to impose on any person any
(est whatsoever relating to sex. race, creed, caste, class, nationalit)',
place of bi1th, 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 pri vilegc of the
University or any benefaction thereof.
(3) No bequest. donation or transfer of any property shall be accepted by
University which in the opinion of the Board, involves conditions or
obligations opposed to the spirit and objects of the University.
Powers and 7. Subject to the provisions of this Act, the University sha ll
fun<1ions of exercise the following powers and perform the following ftmctions,
University. namely: ...
(i) to administer and manage the University and to establish such
institutes, schools and centers for research, education and
instfllctiort ns nre necessary for the fu1iheronce of the objects of
the University;
(ii) to provide for instruction, training and research in areas and
subjects pertaining to biotechnology and all icd sciences;
(iii) to develop innovative methods in teaching, research and
development, and training in order to achieve international
standards of such educat ion, trainir\g, research and
development;
(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
certificates and other academic distinctions or titles on persons
subject to such conditions as the University may determine, and
to withdraw or cancel any such degrees, diplomas , certi ficaccs,
or other academic distinctions or titles in the manner as may be
prescribed;
(vi) to confer honorary degrees or other distinctions in the maimer as
may be prescribed;
(vii) to establish such special centres, schools, specialized study
centres or other units for research and development as are, in
PART IV J GUJARAT GOVERNMENT GAZETTE, EX. 08-10-20! 8
the opinion of the University, necessary for the fu1therance of
its objects;
(viii) to provide for printing, reproduction and publication of research
and other work and to organize exhib itions, workshops,
seminars, conferences, etc.;
(ix) to sponsor, obtain sponsorship and unde11ake research in all
aspects of bio1cchnology and allied sciences;
(x) to collaborate or associate with any educationa l or other
institution with like or sim ilar functions or activities;
(x i) to develop and maintain linkages with educational or other
institutions in any part of the world having funct ions or
activit ies wholly or partially similar to those of the University,
tlU'ougb exchange of teachers, students and scholars mid
generally in such manner as may be conducive to their common
objects;
(xii) to regulate the expenditure, manage the finances and to mai111.ain
account~ of the University;
(xiii) to receive grants, subvent ions, subscriptions, donat ions and gifts
for the purposes of tbc University and consistent with the
objec ts for which the University is established and to enter into
any agreement with the Central Goverrunent, the State
Government, the University Grants Commission or othe r
authori.ties or bodies for receiv ing any grants;
(xiv) to receive funds from the industries or from any other sources as
gifts, donations, benefact ions or bequests and by transfers of
movable and immovable properties for the purposes and objects
of the University;
(xv) to estab lish, maintain and manage halls and hostels for the
residence of students and accommodation for faculties, officers
and employees of the University and the guest houses;
(xvi) to superv ise and control the residences and regulate the
discipline of studcn1s of the University and to make
arrangements for promoting their health and genera l welfare
and cultural act ivities;
(xvii) to fix, demand and receive or recover fees and such other charges
as may be prescribed;
(xvi ii) to institute and award fellowships, scholarships, prizes, medals
and othe r awards;
(x ix) to purchase or to take on lease any land or building or works
which may be necessary or convenie nt for the purpose of the
Univcrsit)' on such terms and conditions as it may think fit and
proper and to cons truct, alter and maintain any such buildings
or works;
17-5
17-6 GUJARAT GOVERNMENT GAZETTE, EX. 08-10-2018 [ PART rv
(xx) to sell, exchange, lease or otherwise dispose of all or any portion
of the properlies 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 Governrncnt;
(xxi) to draw and accept, to make and endorse, to discotmt and
negotiate Government promissory notes and other promissory
notes, bills of exchange, cheques or other negotiable
i nstrumen~;
(xxii) 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 tenns and conditions as it
may think fit and to pa)' 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;
(xxiii) to invest the funds of the University in or upon such securities
and transpose any in vestment from time to time in such manner
as it may deem fit in the interest of University;
(xxiv) to execute conveyances regarding transfers, mm1gages, leases,
licenses, agreements and other conveyance in respect of the
property, movable or immovable including Govcnunent
securities belonging to the University or to be acquired for the
purpose of the University after taking prior perm ission of the
State Government;
(xxv) to admit the students for the courses offered by the University in
the prescribed rnaru1cr;
(xxvi) to create academic; technical, administrative, ministerial and
other posts and to make appointments thereto;
(xiwii) to regulate and enforce discipline among the employees of the
University and to provide for such disciplinary measures as
may be prescribed;
(xxviii) to institute professorships, associate professorships, assistant
profossorships, readerships, lectureships, endowed
professorship, honorary professorships, adjunct professorships,
emeritus professors and any other teaching, academic or
research posts and to prescribe qualifications for them;
(xxix) to appoint persons as Directors, Deans, Professors, Associate
Professors, Assistant Professors, Readers, Lecturers, Adjunct
Profossors, Registrar, or otherwise as teachers, researchers and
other categories of employees as decided by the competent
authority;
PART IV] GUJARATGOVERNMENTGAZEflE. £X. 08-10-2018
(xxx) to develop and mainta in relationsh ips with teachers, researchers
and experts in the domains of development of tecluiologies
related to Biological Sciences or involving Biologica l Sciences
for achieving the objects of the University;
(xxx i) to enter into partnerships, agreements, arrangements, service
deli very agreemen ts with other national or international
Universities or Institutes of repute for faculty exchange or for
collaborative research or, for service agree ment for academic
instructions as service for knowledge, ski II developme nt,
research and innovation subject to prior approval of the
Government of Gujarat;
(xxxii) to enter in to partnerships, agreements, arrangements, service
delivery agreemencs with industry or corporations for
sponsored or contract research, and for commercializat ion and
further developme nt of technologies subject to such intellectual
prope1ty sharing arrangements as may be prescribed by general
or spec ial regulations by the Board;
(xxxi ii) to set up and operate, or acquire on rental basis or through lease
infrastructure and research and developme nt related facilities
for the needs of the students and the faculties for the
fu11herance of the objectives of the University;
(xxxiv) to set up and operate incubation centers for startups , technology
development cell, research park providing colocation research
and development facilities for industry and corporations and
other institutes;
(xxxv ) to setup and operate animal houses, green houses, plant herbaria,
veterinary and medical facilities, bio·banking, gene banking,
biosafety faci lities, and olher incidental facilities to support
high tech biotechnology translational and product focused
education and research;
(xxxv i) 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.
CHAPTER UI
AUTHORITIES AND OFFICERS OF UNIVERSITY
Aothotities of 8. The following shall be the authorities of the University, namely: -
th• Univrnity . (i) the Chairman;
(ii) the noard of Goven1ors;
(iii) the Academic Council;
(iv) the Advisory Council;
(v) the Finance Comm ittee; and
17-7
17-S GUJARAT GOVERNMENT GAZETTE, EX. OS- l0-2018 [PART IV
(vi) such other authorities as may be specified by regulat ions to be
the authorities of the University.
Officers of the 9. The following shall be the officers of the University, namely: -
Univc<Sity. (i) the Director General
(ii) the Directors
(iii) the Deans
(iv) the Registrar, and
(v) such othe r persons associated with the functions of the
University as may be speci fled by regulations, to be the
officers of the University .
Chairman . 10. ( I) The Chairma11 of the University shall be appointed by the State
Govem n1ent, who shall be an eminent educationalist or technologist or
scient ist or industrialist or administrator; and be associated with
education, phila11tbropy, resea rch and development, industry or business
development or administration in the State services. corporat ions or
public bodies.
(2) The Chairman shall hold office for a period of three years and shall
be eligib le for re-nomination .
(3) The other terms, conditions and process of appoincmcnt of chc
Chaim1an shall be such as may be decided by the State Governme nt.
(4) Where a vacancy in the office of the Chairman occurs on acco unt of
death, resignat ion or otherwise, the State Government shall appoint as
soon as possible, a suitable person to be the Interim Chairman of the
University for such period as may be decided in such order in
accordance with the provision of sub-section ( I).
(5) The Chairman may resign from his office by writing under his hand
addressed to the State Gove rrunem and such resignation shall take effec t
from the date of acceptance by the State Govermnent.
J 1. (I) 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 perfo rm such
other duties as may be assigned to him by or under this Act or
regulations made thereunder .
(3) The Chairman shall have, subjec t to the pwv isions 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 or
Powers of
Chairman.
PART IV l GUJARAT GOVERNMENT GAZETTE, EX. 08-10-2018 17-9
Powers and
functions of
Board.
school maintained by Lhe University, and also of the examinations ,
teaching, research and other work conducted or done by the Univcr,;ity
and to cause an inquiry to be made in like maruJer in respect of any
maner C01UJected with the administration, academic affairs and finances
of the University.
12. (J) The Board of Governors of the University shall consist of Bo•rdof
following members, oamely: Governors .
(i) the Chairman of University;
(ii) the Chairman of the Advisory Council;
(iii) the Director General;
(iv) the Secretary to the Goverruuent of Gujarat, Department of
Science and Technology, ex-officio;
(v) the Secretary to the Government of Gujarat, lligher and
Technical Education, Education Department, ex-officio;
(vi) ihe Secretary to the Goventll1ent of Gtijarat, Finance
Department, ex-officio, to be nominated by the Finance
Department;
(vii) the Mission Director, Gujarat State Biotechnology Mission,
ex-officio;
(viii) the Director, Gujaral Biotechnology Research Cemcr, ex
officio;
(ix) one Vice-Chancellor or ex-Vice-Chancellor of the State 01·
National University or a Director or equiva lent of the
Institute of national repute, to be nominated by the Doard;
(x) two expert academicians, to be nominated by the Board;
(xi) three experts representing other disciplines such as finance,
legal, management, science or industries, to be nominated by
the Board; and
(xii) in the event of the University having a significant
collaborative partnership for academics or research with any
University or institutions or school or center of repute, two
nominees of such partnering University or institution or
center.
(2) The first time nomination of members listed at serial no (ix), (x), (xi)
shall be done by the State Government.
(3) TJ1e Registrar shaU be the Secretary of the Board.
13. (!) Subjec t to the prnvis ions of this Act, the Board shall be
responsible for the general superintendence, directions and the contro l of
the affairs of the University and shall exercise all the powers of the
University, and shall have Lhe power to review the acts of the Academic
Council, Finance Committee and other committees or authorities
cons tituted by the University.
17-10 GUJARAT GOVERNMENT GAZE'ITE, EX. 08-10-2018 (PART JV
(2) Without prejudice to the provisions of sub-section ( I), 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 fonds of the University and take
decision on the recornrncndation of the Finance Committee;
(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;
lix) to appoint Director General;
(x) to decide and approve partnerships, commercial
arrangements with other legal entities in furtherance of the
objectives of the University
(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
and functions for achieving the objectives of the University.
(3) The Board ma)' delegate any of its powers (except power to make
regulations) to the Director General, Directors, Deans, Registrar or any
other officer, employee or authorit)' of the University or to a committee
appointed by it.
14.(1) Save as otherwise provided in this section, the term ofa member
of the Board nominated under sub-section (1) of section 12 shall be
three years from the date of his nomination, and such member shall be
eligible for re-nomination
(2) A member nominated under sub-section (I) of section 12 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.
IS. (1) 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 rcsp-0nsiblc for, the maintenance of
standards of instruction, education, research and evaluation within the
University.
(2) The Academic Council of the University shall consist of the
following members, namely: -
Term of office
and vacandc-s
among st
members of
Board and
;i lt O\V:lnCO.$. c:.te.
Academic
COvncll.
PART rv l GUJARAT GOVERNMENT GAZETTE , EX. 08-10-2018
Powers and
functions of
academic
council.
Advisory
Council.
(i) the Director General. who shall be the Cha irman of the
Counc il;
(ii) three academicians or professiona ls, to be nomin ated by the
Board;
(ii i) the Director s,
(iv) the Deans ,
(v) two faculty members from the programs being run at the
Univers ity camp11s, to l>e nomina ted by the Board,
(vi) one faculty of each Universi ty School., to be nominated by
the Director General.
(3) The Registrar shall be the Secre tary of the Acade mic Council.
( 4) The te rm of office of the members other than the ex-officio membe rs,
sha ll be three years and sha ll be eligible for re-nomination.
(5) Any nominated member ma)' resig n from his office by writing under
his hand addressed to the Chairma n of the Board and his resignation
shall take effect from suc h date it is accepted by the Cha irman of the
Board .
16- Subject to the prov1s1ons of this Act and the regulat ions, the
Academic Counc il sha ll have the follow ing powers and functions,
namely: -
(i) to exercise control over the academic policies of the
University and be responsible for the maintenance and
imp roveme nt of standards of instructions, educ ation,
research and eva luation in the U nivers ity;
(ii) to consider matters of general academic interest either on its
own initiative or on a reference from the fac11lti.cs/officcrs of
the University or the Board and to iake appropr iate action
thereon;
(iii) ro recommend to the Board, such regulations as are
consistent wit h this Act regardin g the acade mic funct ioning
of the University includin g discipline of students; and
(iv) to exerc ise such other powers and perform such other functions
as may be conferred upon it by the regulations.
17. (l ) The Adv isory Counci l of the Univers ity shall coosis t of the
following members. namely:
(i) the Chairma n;
(ii) the Director Genera l;
17- 11
17-12 GUJARAT GOVERN!vfENT GAZE1TE, EX. 08-10-2018 (PART IV
(iii) five academicians or research scientists of national or globa l
eminence, to be nominated by the Board;
(iv) two leading members from biotech industry or industry
associations having national or international operations
nominated by the Board;
( v) Directors;
(vi) two faculty members from the programs being nln at the
University campus, to be nominated by the Board.
(2) The Registrar shall be the Secretary of the advisory council.
(3) The term of the nominated members of the Advisory Council shall
be for a period of three years from the date of constitution. The other
terms and conditions of the members of the Advisory Council shall be
such as may be determined by the regulations.
(4) The Chairman of the Advisory Council shall be appointed by the
State Govenunent, who shall be an eminent educationalist or
technologist or industrialist or administrator having vision for research
or innovation; and be associated with education, philantlu·opy, industrial
or business development or administration in the State services,
corporations or public bodies.
(5) i\n)• nominated member may resign from his office by >Vriting under
his hand addressed to the Chainnan of the Advisory Council and his
resignation shall take effect from such date it is accepted by the
Chairman of the Advisory Council.
(6) The other terms mid conditions, including remtmeration for the
members of the Advisory Council shall be such as may be decided by
the Board.
18. The Advisory Council shall advise the Board in relation to:
(i)
(ii)
matters related to research focus, infrastmctlU'e mid campus
development, internationa liwtion of rhe activities and
programs, technology enhanced curriculum and pedagogy,
teclmology commercialization, intellectual property rights
policy, protection of inventions, and licensing of
University-owned technology, procedures and functions;
matters of strategic vision, direction and partnerships for the
University, global and national tic ups, research
col laborations at institution level, program diversification.
19. (I) TI1e Finance Committee shall consist of the following members,
namely:-
(i) the Director General, who shall be the Chairman of the
Committee;
Power$ and
function.s of
advisorv
council.
Finance
committee.
PART IV J GUJARAT GOVERNMENT GAZETl'E, EX. 08- 10-2018
POWC($ and
functions of
finanoo
committee.
(ii) one member of the Board, to be nominated by the Board;
(iii) one Direccor or Dean of the University, to be nominated by
the Director General;
(iv) one Director from each of non-co-located schools or centers
or institutions affiliated to the Univcrsiry;
(v) the Secretary to the Govenune nt of Gujarat, Finance
Department, ex-officio, to be nominated by the Finance
Department;
(vi) the Secretary to the Government of Gttjarat, Department of
Science and Technology, ex-Qfficio; and
(vii) 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
sha ll be three years.
(4) Any nominated member may resign from his office by writing under
bis 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.
20, Subject to other provisions of this Act, the Finance Committee shall
exercise the following powers and perform the following functions,
namely:-
(i)
(ii)
(iii)
to examine the am1ual accounts and annual budget estimates
of the University, its schools or institutions or centers and
advise the Board thereon;
to review from time to time the financial position of the
University;
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 expend iture 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 arc
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;
(ix) to decide the principles of financial delegation and
recommend to the Board;
17- 13
17- 14
Director
General.
GUJARAT GOVERNMENTGAZE 1TE, EX. 08-10-2018 ( PART TV
(x) to decide the principles of procurement process and
rcconunend to the Board; and
(xi) to exercise such other powers and perform such other
functions as may be conferred or imposed upon it by the
regulations.
21. (l) The Director General shall ti<: appointed by the Chairman with
the prior approval of the State Govenunem, through a process wherein
the Board shall recommend a panel comprising of up to three names
based on the recommendations of a Search-cum-Selec tion Committee
constituted by tbe Board in the manner as may be prescr ibed by
regulations.
(2) The Director General shall be an eminent educationalist or
technologist or scientist or administrator having vision for science,
technology, research and innovation; and be associated with education,
philanthropy, research and development or administration in the State
services, corporations or pub I ic bodies.
(3) The Director General shall preside over the meetings of the
Academic Council and the Finance Committee.
( 4) The term of office of the Director General shall be for a period of
five years or till he attains the age of sixty-five years, whichever is
earlier.
(5) WhencveJ any vacancy occurs in the office of the Director General
and it catmot be convenient ly and expedit iously filled up in ace-0rclance
with the provisions of sub-sec tions (I) and (2) and if there is any
emergency, the Board may appoint any suitable person to perform duties
of the Director General and may, from time to time, extend the term of
such person for a period not exceed ing 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 when it is accepted by the Board.
(7) Notwithstanding an)·thing contained in any other clauses of this
section, the Chairman may on rccommendatio 11 of the Board, remove
from the office the Director General if he-
(i) is adjudged an insolvent; or
(ii) has been convicted of an offence which, in the opin ion of
the Board, involves moral turpitude; or
(iii) engages during his tenu of office in any paid employment
outside the duties of his ofl:icc; or
(iv) is, in the opinion of the Board, unfit to continue in office by
reason of infirmity of mind or body; or
(v) has acquired such financial or other interest as is likely to
affect prejudicially bis functions as the Director General.
PART IV] GUJARAT GOVERi'lMENT GAZETTE, EX 08· I 0·20 18
Emergency
powers o f
Director
General,
(&) The other tenus and conditions of the services of the Director
General shall be such as may be prescribed by the Board.
22. Without prejudice to the generality of the provisions of this Act, the
Director General shall: •
(i) exercise general supervision and control over the day to day
affairs of the University;
(ii) preside over al the meetings of the Academic Council and
the Finance Committee;
(iii) ensure implementation of the decisions of the aulhorities of
the University;
(iv) ensure that the provisions oftbis Act and the regulations are
faithfully followed;
(v) be responsible for imparting of instmction and maintenance
of discipline in the University; and
(vi) exercise such other powers and perfonu 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 or any committee of the University.
23. (I ) Where any matter is of urgent nature requiring immediate aclion
and the same cam1ot be immediately dealt wilh 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 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 the same or modify it in such manner
as it thinks fit, and thereupoo the action shall cease to have effects or,
as the case may be, shall take effect in such modified form so however
such ffiO(lification or aimulment 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 under
subsection (I) 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 months from the date of order
of the Director General.
17-15
Po\vers and
functions of
Director
Gen eral.
17-16 GUJARAT GOVERNMENT GAZEITE, EX. 08-10-2018 [PART JV
Reg;strar. 24. ( I) The Registrar shall be appointed by the Board in such manner
and on such rcm1s and conditions as may be prescribed.
(2) 'Ille 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 nece-~sary thereof and be responsible for the
execution of all processes cormeetcd 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 or any oflhe authority of the University.
25. (I) The Directors of the University or Institute or School or Center Directors.
shall be appointed by the Director General, with the approval of the
Board in such maruier and 01\ such terms and conditions as may be
prescribed.
(2) The qualifications and other terms and conditions of the Directors
shall be such as may be prescribed by the regulations.
(3) 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 Genera l.
26. (!) The Director General, with the approval of the Board, shall Dean<.
appoint the Deans of the University from amongst the faculties of the
University.
PART 1V] GUJARAT GOVERNMENT GAZ£1TE, £X. 08-10-2018
oelcgatlon of
pOwt:t:>.
Conferment or
degrees, diplomas
and honorary
degrees, grant of
certificates by
University.
W ithdrawal of the
degree or diploma
and other
academic
dist.inction.
University
Fund.
(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
perfo1m such functions as may be prescribed or entrusted to them by the
Director General.
27. Subject to the provisions of this Act and regulations, any officer or
authority of the Universi1y may, by order, delegate his or its powers
(except the power to make regulations) 10 any other officer or authority
under his or its control.
28. Notwithstanding anything contained in any other State Jaw 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.
29. Notwithstanding anything con1ained in the Act, the University shall
have power to withdraw degrees, diplomas, certificates and other
academic distinctions for good and sufficient reasons.
CHAPTER TV
FINANCE AND ACCOUNTS
30. (I) The University shall establish and maintain a Fund 10 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 tbe 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
endowme1\!s 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) tl1e moneys received by tl1e 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 maimer as
17-1 7
17-18
38 of 1949.
GUJARAT GOVERNMENT GAZETTE, EX. 08-10-2018 [PART IV
the Board, on the recommendation of the Finance Committee, dec id e~
from time to time.
(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 froJ\1 the Universit)' shall be spent except as otherwise
provided for meeting its objectives.
31. ( l) The University shall maintain proper acco\lnts and other relevant Accounts, aud;1
records and prepare an annual statement of accounts , including the and annual report.
income and expenditure and the balance sheet, i11 such fonn and in such
manner as may be prescribed.
(2) The University shall adopt a proper system of internal checks 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 ever)' year by an
auditor, who shall be a Chartered Accountant or a firm of Chartered
Accountants as defined in the Chaiiered Accountants Act, 1949 to be
appoimcd by the Board.
(4) The accounts of the University certified by tbe person or firm so
appointed or any other person allthorized 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
instnictions and directions.
(5) The accounts of the University shall be audited by an interna l auditor
who shall be Chartered Accountant or a firm of Chartered Accountants
appointed by the Board, to ensure concurre nt audit of all books of
accounts and such periodic internal audit repo11s shall be placed before
the Board for review.
(6) The University shall prepare for each financial year an annual report
containin g such particulars as the Board may specify and submi t the
same to the Board on or before such date as may be prescribed. The
J3oar<l shall cons ider such report and may pass resolutions thereon.
(7) The copy of the annual repo11 along with the resolution of the Board
thereon shall be submitted to the State Government.
32. (I) The University shall, with the approva l of the Board, constitute
for the benefit of its officers, teachers and other employees, in such
Pension, provid~nt
fund and
insurance.
PART IV] GUJARAT GOVERNMENT GAZETTE, EX. 08-10-2018
Act and
proceedings
not to be
invalidated by
vacancies.
Return and
informatio n.
Officers and
employees to bo
public servant.
Dismissal,
remo val,
reductio n or
term ination of
services of staff of
University.
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 establisbmc.ot and supp01t of the associations,
institutions, funds, trusts and conveyance calculated lo the benefit of the
officers, teachers and other employees of the Univers ity.
(2) Where any such providem fund has been constituted, the provisions
of the Provident Funds Act, 1925 shall app ly to Sllch fond as if it were a
Government Provident Fund.
CHAPTER V
MISCELLANEOUS
33. No act or proceedings of the Board or any authorit)' of the
University or any committee constituted under this Act or by regulat ions
shall be questioned on the ground merely of the existence of any
vacancy in or defect of, in the constitution of such Board, autho rity or
committee of the University.
34. The University shall furnish to the State Government, University
Grants Commission and other statutory authorities, such reports, returns,
statements and other informatio n as may be required by them from time
to time.
35. Every officer, teacher and employee of the Univers ity shall be
deemed to be a public servm1t within the meaning of section 21 of the
Indian Penal Code.
Explanat ion: - For the purpose of this section, any person, who
is appo inted or, as the case may be, nominated by the University for
a specified period or a specified work of the University or, who
receive<! any remuneration by way of allowances or fee for any work
done from the University Fund, shall be deemed to be an officer or
employee of the University while he is performing the duties and
functions connected with such appointment or work.
36. ( I) 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 rm1k excep t after an inquiry in which he has been informed
of the charges against him and given a reasonable opportun ity of being
heard in respect of those charges.
(2) An appeal against an order of dismissal, remova l or reduct ion in rank
ltl1der sub-section (I ) or of termination of service shall be made to the
17- 19
19 of 192S.
45 of 1860.
17-20 GUJARATGOVERNMENTGAZETlE , EX. 08-10-2018 I PART IV
Chairman within ninety days from the date of communicatio a of such
order and the decision of the Chairman in such appeal shall be final.
37. The State Government shall have power to issue directions from
time to time as may be reExcerpt shown. Open the full act in Lexace.