2[Director General].
(i) an eminent professional to be nominated by the President;
(ii) an eminent educationist to be nominated by the President; and
(iii) one member of the Board to be nominated by the President
(2) The President shall designate one member as the Chairman of the Committee.
(3) The term of office of the 1[Director General] shall be for the period of five years and shall be eligible for re-appointment to that office for a further term of five years.
(4) Where a vacancy in the office of the 1[Director General] occurs and it cannot be conveniently and expeditiously filled up in accordance with the provisions of sub-sections (1) and (3) and if there is any emergency, the President, in consultation with the Board may appoint any suitable person to be 1[Director General] and may, from time to time extend the term for a period not exceeding one year.
(5) The terms and conditions of the service of the 1[Director General] shall be such as may be prescribed by the Board and until so prescribed, shall be determined by the President.
1. These words were substituted for the word "Director" bu Guj. 10 of 2016, s.11(1).
2. In margined note, these word were substituted for the word "Director", ibid., s.11(2).
12 THE GANPAT UNIVERSITY ACT, 2005. [2005 : Guj. 19 Powers and duties of 2[Director General].
19. (1) The 1[Director General] shall be the Chief Executive and Academic Officer of the University. He shall preside over at the meetings of the Academic Council and Finance Committee.
(2) Without prejudice to the generality of the provision contained in sub-section (1), the 1[Director General] shall-
(i) exercise general superintendence and control over the affairs of the University;
(ii) ensure implementation of the decisions of the authorities of the University;
(iii) be responsible for imparting of instruction and maintenance of discipline in the University; and
(iv) exercise such other powers and perform such other duties as may be assigned to him under this Act or the Regulations or as may be delegated to him by the Board or by the President, as the case may be.
(3) Where any matter is of urgent nature requiring immediate action and the same cannot be immediately dealt with by the Chairman or Authority or body of the University empowered under this Act to deal with it, the 1[Director General] may take such action as he may deem fit and shall forthwith report the action taken by him to the Chairman or authority or body of the University who or which, in the ordinary course, would have dealt with the matter.
(4) Where the exercise of the power by the 1[Director General] under sub-section (3) 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 three months from the date of order of the 1[Director General], otherwise the same shall cease to have effect on the expiration of a period of three months from the date of order of the 1[Director General] Registrar. 20. (1) The Registrar shall be appointed by the University in such manner and on such terms and conditions as may be prescribed by the Regulartions.
(2) The Registrar shall exercise the following powers and perform following duties, namely:-
(i) He shall be responsible for the custody of records, common seal, the funds of the University and such other property of the University;
(ii) He shall place before the Board and other authorities of the University, all such information as may be necessary for transaction of its business;
1. These words were substituted for the word "Director" bu Guj. 10 of 2016, s.12(1).
2. In marginal note, these words were substituted for the word "Director", ibid., s.12(2).
2005 : Guj. 19] THE GANPAT UNIVERSITY ACT, 2005. 13
(iii) He shall be responsible to the 1[Director General] for the proper discharge of his functions;.
(iv) He shall, subject to the control of the 1[Director General], be responsible for the administration and services of the University;
(v) He shall attest and execute all documents on behalf of the University;
(vi) In all suits and other legal proceedings by or against the University, the pleadings shall be verified and signed by the Registrar and all processes in such suits and proceedings shall be issued to and served on, the Registrar;
(vii) He shall exercise such other powers and perform such other duties as may be assigned to him under this Act, the Regulations or as may be delegated to him by the Board or the 1[Director General.]
21. (1) The Deans of the University shall be appointed by the 2[Director General], with the approval of the Chairman of the Board, from amongst faculty members of the University.
The Deans.
(2) The Dean shall assist the 2[Director General] in managing the academic and other affairs of the University and shall exercise such powers and perform such functions as may be prescribed by the Regulations or to be delegated to them by the 2[Director General.]
CHAPTER IV.
FUNDS, ACCOUNTS AND AUDIT.
22. The Trust shall place funds at the disposal of the University to be called the Permanent Endowment Fund of a sum of ten crores of rupees or as such required for meeting the full operational expenditure of the University for three years, in long term interest bearing securities issued or guaranteed by the Central or State Government. On the termination of the involvement of the Trust and after meeting the operational expenditure for three years out of the permanent Endowment Fund, if there is any unused balance that shall be paid back to the Trust, with the previous permission of the State Government.
Permanent Endowment Fund of the University.
23. The Trust 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 its powers and discharge of its functions under this Act.
Payment to University.
24. (1) The University shall have its own funds consisting of - Funds of University.
(i) all moneys provided by the trust;
(ii) all fees and other charges received by the University;
(iii) all moneys received by the University by way of grants, loans, gifts, donations, benefactions, bequests or transfers;
1. These words were substituted for the word “Director” by Guj. 10 of 2016, s.13.
2. These words were substituted for the word “Director” ibid., s.14.
14 THE GANPAT UNIVERSITY ACT, 2005. [2005 : Guj. 19
(iv) all moneys received by the University from the collaborating Industry in terms of the provisions of the Memorandum of Understanding between the University and the Industry for establishment of sponsored chairs, fellowships and infrastructure facilities of the University, under the intimation to the State Government.
(2) All funds of the University shall be deposited in such banks or invested in such manner as the Board may decide on recommendation of the Finance Committee.
(3) The funds of the University shall be applied towards the expense of the University including expenses incurred in the exercise of its powers and discharge of its function.
Accounts and Audit.
25. (1) The University shall maintain proper accounts and other 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 by the Regulations.
(2) The University shall adopt a proper system of internal checks and balances and controls in the discharge of its finance, 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 or a firm of Chartered Accountants as defined in the Chartered Accountant Act, 1949 who shall be appointed by the Board.
XXVII of
1949.
(4) The Accounts of the University certified by the person or firm so appointed or any other person authorized in this behalf together with the audit report thereon shall be placed before the Board and the Board may issue such instructions 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 Accounts appointed by the Board, to ensure concurrent audit of all books of accounts, and such periodic internal audit reports shall be placed before the Board for review.
(6) The University shall prepare each year a report of its activities during the previous year and submit it in the form of an annual report to the Board for review and approval.
Pension, Provident Funds and Insurance.
26. (1) The exiting terms and conditions of the service, including scheme of pension, provident fund and insurance of the officers, teachers, and other employees of the concerned institutions run by the Mehsana District Education Foundation shall continue in such manner and subject to such conditions, even after the commencement of this Act, till new Regulations are made in this regard.
(2) Where any such provident fund has been so constituted, the provisions of the Provident Funds Act, 1925 shall apply to such fund as if it were a Government Provident Fund.
XIX of 1925.
2005 : Guj. 19] THE GANPAT UNIVERSITY ACT, 2005. 15
CHAPTER V.
SUPPLEMENTARY PROVISONS.
27. No act or proceeding of the Board, or any authority of the University or any committee constituted under this Act or by the Regulations shall be questioned on the ground merely of the existence of any vacancy in or defect in the constitution of, the Board, Authority or Committee of the University.
Acts and proceedings not to be invalidated by vacancies.
28. Notwithstanding anything contained in any other law for the time being in force, the University shall have powers to confer degrees, honorary degrees, diplomas and other academic distinctions, titles and grant certificates as approved by the Board.
Conferment of degrees, diplomas and grant of certificate by the University.
29. The University shall furnish to the State Government, University Grants Commission and other statutory authorities such reports, returns, statements and other information as may be required by them from time to time.
Returns and information.
30. The Foundation shall give a notice of not less than four years period to the State Government of its intention to dissolve the Foundation. The State Government may direct the University to cease fresh admissions and also direct the Foundation to phase out the responsibility of running the University until the last batches of students in regular courses of the University complete their courses. It shall be obligatory on the part of the Foundation not to compromise in terms of the quality of education and training in the interim years and provide reasonable exit benefits for the employees.
Management of University on dissolution of Foundation.
XLV of 1860.
31. Every officer, teacher and other employees of the University shall be deemed to be a public servant within the meaning of section 2l of the Indian Penal Code.
Officers and employees to be public servants.
Explanation.- For the purposes of this section, any person, who is appointed by the University for a specified period or a specified work of the University or, who receives any remuneration by way of compensatory allowance or fee for any work done from the University Fund, shall be deemed to an officer or employee of the University while he is performing and in relation to all matters relatable to the performance of the duties and functions connected with such appointment of work.
32. No member of the teaching, non-teaching and other academic staff of the University shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. An appeal from an order of dismissal, removal or reduction or of termination shall lie to the President within ninety days from the date of communication of such order and the decision of the President in such appeal shall be final.
Dismissal, removal, reduction and termination of service of staff of University.
16 THE GANPAT UNIVERSITY ACT, 2005. [2005 : Guj. 19
CHAPTER VI.
MISCELLANEOUS PROVISIONS.
Powers of State Government.
33. The State Government shall have powers to issue directions from time to time as may be required to be followed by the University under the provisions of this Act, the Regulations made thereunder and under any other law for the time being in force.
Regulations. 34. (1) Subject to the provisions of this Act, the Board shall have, in addition to all other powers vested in it, the power to make Regulations to provide for the administration and management of the affairs of the University.
(2) In particular and without prejudice to the generality of the foregoing powers, such Regulations may provide for all or any of the following matters, namely :-
(i) the summoning and holding of meetings of the authorities of the University other than the first meeting of the Board, and the quorum and conduct of business at such meeting;
(ii) the powers and functions to be exercised and discharged by the President of the Board of the University;
(iii) the constitution, powers and duties of the authorities, bodies and other committees of the University established under this Act, the qualifications and disqualifications for membership of such authorities, term of office of the membership, appointment and removal of members thereof and other matters connected therewith;
(iv) the procedure to be followed by the Board and any committee or other body constituted under this Act or by the Regulations 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 degrees, diplomas, certificates and other academic distinctions and titles and the requirements thereof;
2005 : Guj. 19] THE GANPAT UNIVERSITY ACT, 2005. 17
(ix) the conduct of examinations including appointment of examiners;
(x) the creation of posts of Professors, Associate Professors, Assistant Professors, Readers, Lecturers or equivalent academic designations or posts, officers and employees of the University and the appointment of persons to such posts including the qualifications requisite therefor;
(xi) the fees and other charges which may be paid to the University for the courses, training, facilities and services provided by it;
(xii) the manner and conditions for constitution of pension, provident funds, insurance and such other schemes for the benefit of officers, teachers and other employees of the University;
(xiii) the terms and conditions applicable 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 agreement by or on behalf of the University;
(xvi) the classification and procedure for appointment of officers and staff of the University;
(xvii) the terms and tenure of appointments, salaries and allowances, contractual services, rules of discipline and other conditions of service of the 1[Director General], other officers, teachers and employees of the University;
(xviii) the terms and conditions governing deputation of officers and staff of the university;
(xix) the powers and duties of the 1[Director General] and other officers, teachers and employees of the University;
(xx) the terms and conditions governing fellowship, scholarships, stipends, medals and prizes;
(xxi) the authentication of the orders and decisions of the Board;
(xxii) the matters relating to hostels and halls of residence including disciplinary control therein; and
(xxiii) all matters which, by this Act, are to be or may be prescribed by the Regulations.
1. These words were substituted for the word “Director” by Guj. 10 of 2016, s.15.
18 THE GANPAT UNIVERSITY ACT, 2005. [2005 : Guj. 19 Indemnity. 35. No suit, prosecution or other legal proceedings shall lie against and no damages shall be claimed from the University, the 1[Director General], the authorities or officers 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 Regulation made thereunder.
CHAPTER VII.
TRANSITORY PROVISIONS.
Transitory provisions.
36. Notwithstanding anything contained in this Act,-
(i) the existing Hon. Director of the Foundation holding the office at the time of commencement of this Act, shall be deemed to have been appointed as the first Director. The Director, subject to availability of funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and the Regulations and for that purpose may exercise any power or perform any duty which by this Act and the Regulations are to be exercised or performed by any authority of the University until such authority comes into existence as provided by this Act and the Regulations;
(ii) the Board functioning as such immediately before the commencement of this Act shall continue to so function until the Board is constituted for the University under this Act, but on the constitution of the Board under this Act, the members of the Board holding office before such constitution shall cease to hold office;
(iii) the Academic Council functioning as such immediately before the commencement of this Act shall continue to so function until the Academic Council is constituted for the University under this Act, but on the constitution of the Academic Council under this Act, the members of the Academic Council holding office before such constitution shall cease to hold office;
(iv) the Finance Committee functioning as such immediately before the commencement of this Act shall continue to so function until the Finance Committee is constituted for the University under this Act, but on the constitution of the Finance Committee under this Act, the member of the Finance Committee holding office before such constitution shall cease to hold office;
(v) until the first Regulations of the University are made under this Act, the existing rules and regulations of the Mehsana District Education Foundation, Ganpat Vidyanagar, Kherva, Mehsana as approved by the Board as in force immediately before the commencement of this Act, shall continue to apply to the University in so far as they are not inconsistent with the provisions of this Act.
Completion of courses of students in colleges affiliated to the Hemchandracharya North Gujarat University.
37. Notwithstanding anything contained in this Act or Regulations made thereunder, any student of the Institutions, named (1) S.K. Patel College of Pharmacy Education and Research (2) U.V. Patel College of Engineering (3) V.N. Patel College of Management Studies (4) V.M.Patel Institute of Management (5) Acharya Motibhai Patel Institute of Computer
1. These words were substituted for the word “Director” by Guj. 10 of 2016, s. 16.
2005 : Guj. 19] THE GANPAT UNIVERSITY ACT, 2005. 19 Studies situated within the University area and affiliated to the Hemchadracharya North Gujarat University, was studying or was eligible for any examination of the Hemchandracharya North Gujarat University, shall be permitted to complete his course in preparation therefor, and the University shall provide for such period and in such manner as may be prescribed for the instruction, teaching, training and examination of such students, in accordance with the courses of studies of the Hemchandracharya North Gujarat University.
38. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Removal of difficulties at the commencement.
Provided that no such order shall be made after the expiry of the period of three years from the date of commencement of the Act.
------------- GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
H-103 Title & Index Guj. Act. No. 19 of 2005 H-103 Final Guj. Act. No. 19 of 2005