(i) constitution of committees for specific purposes, and members and Chairperson of such committee under subsection (11) of section 24;
(ii) time, place and period of the meetings of the Academic Council and rules of procedure for transaction of business at such meetings, including the quorum of the meeting under sub-section (3) of section 25;
(iii) fee for attending the meeting and facilities for travel, transport and accommodation for visits in discharge of function under sub-section
(5) of section 29;
(iv) salary, allowances payable to the Fellow, in accordance with the scheme of Fellowships of the University Grants Commission under sub-section (11) of section 29;
(v) all other maters which, by or under this Act may be reqired to be provided.
2009 : Guj.15 ] The Children’s Research University Act, 2009. 29
CHAPTER VIII SUPPLEMENTARY PROVISIONS
37. (1) The University may with the prior approval of the State Government- Prior approval of State Government.
(a) create any post of a member of the academic or a nonacademic staff of the University and the pay and allowances thereof;
(b) divert the use of any earmarked fund for a purpose other than that for which it was originally earmarked;
(c) transfer any immovable property belonging to it.
(2) The University may incur expenditure from the University Fund and development fund, if any, established by the University for the purpose of -
(i) initiating and maintaining any self financed academic course, and
(ii) development work, with the prior approval of the State Government, if such expenditure imposes financial liability on the State Government.
(3) Notwithstanding anything contained in any Statutes, Ordinances and Regulations, the State Government may laid down a standard code for recruitment and conditions of service of academic and nonacademic staff of the University.
38. (1) Where in the opinion of the State Government, the affairs of the University or institution are carried on in a manner detrimental to the object of the establishment of a University or to its finances or to public interest, the State Government may cause to be made a full and complete investigation into the affairs of the University or institution by appointing a committee for this purpose.
Power of State Government to give directions.
(2) The committee shall, within a period of one month or such period as the State Government may specify, make a report to the State Government containing recommendations as to the actions to be taken on the affairs of the University or institution, and steps to prevent carrying on the affairs in the aforesaid manner.
(3) If the State Government is satisfied that it is desirable to take actions as recommended by the committee, it may issue such directions to the University or institution as may be appropriate in the circumstances.
(4) Where the University or college or institution fails to carry out any direction given by the State Government, it may withhold the grant to the University or institution.
30 The Children’s Research University Act, 2009. [ 2009 : Guj. 15 Standing Committee.
39. (1) There shall be a standing committee of the University for the purpose of selection for the post of professors, Director General or Assistant Director General or such other post as may be prescribed.
(2) The standing committee shall consist of the following members, namely:-
(a) a retired judge of the Supreme Court of India or a retired Chief Justice of the Gujarat High Court or an eminent leader of Industry or Commerce or Management, to be nominated by the Chancellor of the University;
(b) a retired Chief Secretary, Government of Gujarat, to be nominated by the State Government;
(c) a former Vice-Chancellor of a University in Gujarat, to be nominated by the State Government;
The State Government shall nominate one of them as the Chairperson of the Committee.
(3) For the selection for appointment to the posts of the Professors, Director General, or Assistant Director General, there shall be a search committee consisting of : -
(a) the Vice-Chancellor, ex-officio Chairman; and
(b) two members nominated by the Academic Council,
(4) The search committee shall recommend to the standing committee, three names of suitable candidates along with their bio-data.
After scrutinizing the bio-data and if necessary after interview of the concerned candidates, the standing committee may select one of them and recommend the Executive Council for appointment on the concerned post.
(5) The terms and conditions, the tenure of service and salary, allowances, perks and other facilities of the members of the committee shall be such as may be prescribed by or under this Act.
Resignation from membership and filling up of casual vacancy.
40. (1) A member of any authority, other than an ex-officio member, may resign by writing under his signature, addressing to the Chancellor. The person shall cease to be a member upon his resignation being accepted by the Chancellor.
(2) A person nominated, appointed or co-opted to any authority or body remains absent without prior permission of the authority or body for three consecutive meetings, he shall be deemed to have vacated his membership and shall cease to be a member.
2009 : Guj.15 ] The Children’s Research University Act, 2009. 31
41. No suit shall be instituted against or other legal proceedings shall lie against or no damages shall be claimed from, the University, the authority or officer of the University, in respect of anything which is in good faith done or purported to have been done in pursuance of this Act or the regulations Indemnity.
XLV of I860.
42. All officers, members of the authorities, committees or bodies, members of the academic staff of the University and other employees of the University, shall be deemed, when acting or purpoting to act in pursuance of any of the provision of this Act, to be public servant within the meaning of section 21 of the Indian Penal Code.
Officers, members of authorities, bodies and employees of University to be public servant.
43. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
Power of State Government to make rules.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
(a) the pay, allowances, emoluments and other terms and conditions of service of the Vice-Chancellor under sub-section (3) of section 13;
(b) to lay down a standard code for recruitment and conditions of service of academic and non-academic staff of the University under sub-section (3) of section 37;
(c) such other post for which standing committee of the University shall make selection under sub-section (1) of section 39;
(d) the terms and conditions, the tenure of service and salary, allowances, perks and other facilities of the members of the search committee under sub-section (5) of section 39;
(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.
44. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act.
Power to remove difficulties.
(2) Every order made under this section shall be laid as soon as may be after it is made, before the State Legislature.
32 The Children’s Research University Act, 2009. [ 2009 : Guj. 15
CHAPTER IX TRANSITORY PROVISIONS Appointment of first Vice- Chancellor.
45. Notwithstanding anything contained in this Act, the first Vice- Chancellor shall be appointed by the State Government as soon as practicable after the commencement of this Act for a period not exceeding three years and on such terms and conditions as the State Government thinks fit.
Appointment of first Registrar.
46. Notwithstanding anything contained in section 16, the first Registrar shall be appointed by the State Government as soon as practicable after the commencement of this Act for a period of not exceeding three years and on such terms and conditions as the State Government may thinks fit.
Transitory powers of first Vice- Chancellor.
47. (1) It shall be the duty of the first Vice-Chancellor-
(a) to give recognition to institutions, if any, as far as possible consistent with the provisions of the Act; and
(b) to make arrangements for constituting the General Council, the Executive Council, the Academic Council and other authorities of the University within six months after the date of his appointment or such longer period not exceeding one year as the State Government may, by notification in the Official Gazette, direct.
(2) The first Vice-Chancellor shall, with the assistance of the Advisory Committee consisting of not more than fifteen members nominated by the State Government for the purposes of this section,-
(a) subject to the provisions of this Act, -
(i) make provisional Statutes necessary for constituting the aforesaid authorities and regulating the procedure at their meetings and the transaction of their business,
(ii) draw up any rules, that may be necessary for regulating the method of constitution of the aforesaid authorities,
(b) frame the first Statutes, Ordinances and Regulations under this Act and submit them for confirmation to the respective authorities when they commence to exercise their functions.
(3) The authorities constituted under sub-section (1) shall commence to exercise their functions on such date or dates as the State Government may, by notification in the Official Gazette, direct.
(4) The Statutes, Ordinances and Regulations framed by the first Vice-Chancellor shall, when confirmed by the respective authorities, be published in the Official Gazette.
2009 : Guj.15 ] The Children’s Research University Act, 2009. 33
48. The first Vice-Chancellor appointed under section 45 shall have the following powers until the Executive Council commences to exercise its functions - Extra-ordinary powers of first Vice Chancellor.
(a) with the previous approval of the Chancellor, to make additional Statutes to provide for any matter not provided for by the first Statutes;
(b) to constitute provisional authorities and bodies and on their recommendations to make rules providing for the conduct of the work of the University;
(c) subject to the control of the State Government, to make such financial arrangements as may be necessary to enable this Act, or any part thereof, to be brought into force;
(d) with the sanction of the Chancellor, to make for a period not exceeding three years, such appointments as may be necessary to enable this Act or any part thereof, to be brought into force;
(e) to appoint any committee as he may thinks fit, to discharge such of its functions as he may direct; and
(f) generally to exercise all or any of the powers conferred on the Executive Council by or under the provisions of this Act.
49. (1) At any time after the commencement of this Act, until such time as the authorities of the University shall commence to exercise their functions, - First appointment of officers of University.
(a) the Vice-Chancellor with the previous sanction of the State Government may appoint any officer of the University;
(b) till the Executive Council is constituted, the teachers of the University may be appointed by the Advisory Committee referred to in sub-section (2) of section 47 with the approval of the State Government on the recommendation of the Selection Committee consisting of the following persons, namely:-
(i) the Vice-Chancellor,
(ii) a nominee of the Chancellor,
(iii) three experts to be appointed out of a panel of experts drawn by the Advisory Committee.
(2) Any appointment made under sub-section (1) shall be for such period not exceeding three years and on such terms and conditions as the appointing authority thinks fit:
Provided that no such appointment shall be made until financial provision has been made therefore.
------------ Government Central Press, Gandhinagar.
H-102 title H-102 The Children Research University Act, 2009