Director.
(i) an eminent technologist;
(ii) an eminent educationist; and
(iii) one member of the Board.
(b) The President shall designate one of the members of the Search Committee to be the Chairman of the Committee.
(2) The term of office of the Director shall be determined by the Board for a period of five years.
(3) Where a vacancy in the office of the Director occurs and it cannot be conveniently and expeditiously filled up in accordance with the provisions of subsection (1) and if there is any emergency, the President, in consultation with the Board may appoint any suitable person to be the Director and may, from time to time extend the term for a period not exceeding one year.
(4) The terms and conditions of the service of the Director shall be such as may be prescribed by the Board and until so prescribed, shall be determined by the President.
21. (1) The Director 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.
Powers and duties of Director.
(2) The Director shall -
(i) exercise general superintendence and control over the affairs of the University;
10 The Kadi Sarva Vishwavidyalaya Act, 2007. [2007 : Guj. 21
(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 by or under this Act or the Regulations or as may be delegated to him by the Board or by the President.
(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 Director 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:
Provided that if such authority or the body is of the opinion that such action ought not to have been taken by the Director, it may refer the matter to the Chairman who may either confirm the action taken by the Director or annul the same or modify it in such manner as he thinks fit and thereupon it shall cease to have effect or, as the case may be, shall take effect in such modified form, so however such modification or annulment shall be without prejudice to the validity of anything previously done by or under the orders of the Director.
(4) Where the exercise of the power by the Director 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 Director, otherwise the same shall cease to have effect on the expiration of a period of six months from the date of order of the Director.
Deans. 22. (1) The Deans of the University shall be appointed by the Director, with the approval of the Chairman, from amongst the faculty of the University.
(2) The Deans shall assist the Director in managing the academic and other affairs of the University and shall exercise such powers and perform such functions as may be prescribed or to be entrusted to them by the Director.
Registrar. 23. (1) The Registrar shall be appointed by the University in such manner and on such terms and conditions as may be prescribed.
(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 properties of the University;
(ii) He 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 for the proper discharge of his functions;
(iv) He shall be responsible for the administration and services of the University and conducting the examination and make all other arrangements necessary thereof and be responsible for the execution of the processes connected therewith;
2007 : Guj. 21] The Kadi Sarva Vishwavidyalaya Act, 2007. 11
(v) He 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.
CHAPTER IV FUNDS, ACCOUNTS AND AUDIT
24. 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 such sum required for meeting the full operational expenditure of the University for three years whichever is more, in long term interest bearing securities issued or guaranteed by the Central Government or the 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.
Permanent Endowment Fund of University.
25. The Trust shall pay to the University from time to time such sums of moneys 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.
26. (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;
(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; and
(v) all moneys received by the University in any other manner or from any other source.
(2) All funds of the University shall be deposited in such banks or invested in such manner as the Board may decide on the recommendation of the Finance Committee.
(3) The funds of the University shall be applied towards the expenses of the University including expenses incurred in the exercise of its powers and discharge of its function.
27. (1) The University shall maintain proper accounts and other records and prepare an annual statement of accounts, including the income and expenditure accounts and the balance sheet, in such form and in such manner as may be prescribed.
Accounts and Audit.
(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.
12 The Kadi Sarva Vishwavidyalaya Act, 2007. [2007 : Guj. 21
(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 Accountant Act, 1949 or a firm of Chartered Accountants to be appointed by the Board.
XXXVIII 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 for each year a report of its activities of the previous year and submit it in the form of an annual report to the Board for review and approval.
Pension, Provident Fund and Insurance.
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 establishment and support of the associations, institutions, funds, trust and conveyance calculated to the benefit of the officers, teachers and employees of the University.
(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.
CHAPTER V SUPPLEMENTARY PROVISIONS Acts and proceedings not to be invalidated by vacancies.
29. 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.
Conferment of degrees, diplomas and grant of certificate by University.
30. Notwithstanding anything contained in any other State 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.
Returns and information.
31. 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.
Management of University on dissolution of Trust.
32. The Trust shall give a notice of not less than four years period to the State Government of its intention to dissolve the Trust. The State Government may direct the University to cease fresh admissions and also direct the Trust 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 Trust not to compromise in terms of the quality of education and training in the interim years and provide reasonable exit benefits for the employees.
2007 : Guj. 21] The Kadi Sarva Vishwavidyalaya Act, 2007. 13 45 of 1860.
33. Every officer, teacher and other employees of the University shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
Officers and employees to be public servants.
Explanation.- For the purpose of 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 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.
34. (1) 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.
(2) An appeal from an order of dismissal, removal or reduction under subsection (1) 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.
CHAPTER VI MISCELLANEOUS PROVISIONS
35. The State Government shall have powers to issue directions to the University from time to time as may be required for the compliance of the provisions of this Act, the Regulations and under any other law for the time being in force and the University shall be bound to comply with such directions.
36. (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;
Dismissal, removal, reduction and termination of service of staff of University.
Powers of State Government to give directions.
Power to make Regulations.
14 The Kadi Sarva Vishwavidyalaya Act, 2007. [2007 : Guj. 21
(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;
(ix) the conduct of examinations including term of office and 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 Director, 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 Director 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.
Indemnity. 37. No suit, prosecution or other legal proceedings shall lie against and no damages shall be claimed from the University, the Director, 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.
2007 : Guj. 21] The Kadi Sarva Vishwavidyalaya Act, 2007. 15
CHAPTER VII TRANSITORY PROVISIONS
38. Notwithstanding anything contained in this Act,- Transitory provisions.
(i) the Chairman of the Trust holding the post as such immediately before the commencement of this Act shall be the first President of the University;
(ii) one of the trustees nominated by the Trust shall be the first Director of the University;
(iii) the first Director may, with the prior approval of the President and subject to the availability of the funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and for that purpose, may exercise the powers and perform the duties which by or under this Act are required 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. The Trust shall review and monitor such actions taken by the Director.
39. Notwithstanding anything contained in this Act or the Regulations, any student of the Colleges or Institutions specified in 1[Schedule I], situated within the University area and affiliated to the Gujarat University who immediately before the commencement of this Act was studying or was eligible for any examination of the Gujarat University shall be permitted to complete his course in preparation therefore, 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 Gujarat University.
Completion of courses of students in colleges affiliated to Gujarat University.
Guj. 3 of 2012.
2[39A. Notwithstanding anything contained in this Act or the Regulations, any student of the colleges or institutions specified in Schedule II and affiliated to the Gujarat Technological University or, as the case may be, the Hemchandracharya North Gujarat University, who immediately before the commencement of the Kadi Sarva Vishwavidyalaya (Amendment) Act, 2012 was studying or was eligible for any examination of the Gujarat Technological University or, as the case may be, the Hemchandracharya North Gujarat University shall be permitted to complete his course in preparation therefore, 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 Gujarat Technological University or as the case may be, the Hemchandracharya North Gujarat University.]
40. (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 may appear to be necessary for removing difficulties:
Provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.
_________________________________________________________________________________
1. This word and figure was substituted for the words “the Schedule” by Guj. 3 of 2012, s.5.
2. Section 39A was inserted, ibid., s.6.
Completion of courses of students in colleges affiliated to Gujarat Technological University or Hemchandracharya North Gujarat University.
Power to remove difficulties.
16 The Kadi Sarva Vishwavidyalaya Act, 2007. [2007 : Guj. 21 1[SCHEDULE I] (See sub-section (4) of section 3 and section 39 ) COLLEGES/ INSTITUTIONS AFFILIATED TO THE GUJARAT UNIVERSITY Sr.
No.
Name of the Colleges / Institutions Courses being offered
1. K. B. Institute of Pharmaceutical Education and Research and D.R.
Patel Centre for Advanced Studies in Pharmaceutical Biotechnology, Gandhinagar.
B. Pharm. and M. Pharm
2. S. K. Patel Institute of Management and Computer Studies, Gandhinagar.
M.B.A. and M.C.A.
3. Bholabhai Patel College of Business Administration, Gandhinagar. B.B.A.
4. Bholabhai Patel College of Computer Studies, Gandhinagar. B.C.A.
5. Ashvinbhai A. Patel Commerce College, Gandhiangar. B.Com.
6. Shardaben Shantibhai Patel College of Education, Gandhinagar. B.Ed. (Gujarati Medium)
7. R. H. Patel English Medium B.Ed. College, Gandhinagar. B.Ed. (English Medium) 2[SCHEDULE II (See sub-section (4A) of section 3 and section 39A) Sr.
No.
Name of the Colleges / Institutions Courses being offered Affiliated to
1. Leelaben Dashrathbhai Ramdas Patel (LDRP) Institute of Technology and Research, Gandhinagar.
Bachelor of Engineering, Master of Engineering, Master of Business Administration (M.B.A.), Master of Computer Application (M.C.A.)
Gujarat Technological University
2. S. V. Institute of Computer Studies, Kadi.
Master of Computer Application (M.C.A.)
Gujarat Technological University
3. S. V. Institute of Management, Kadi.
Master of Business Administration (M.B.A.)
Gujarat Technological University
4. Narsinhbhai Patel College of Computer Studies and Management, Kadi.
Bachelor of Business Administration (B.B.A.), Bachelor of Computer Application (B.C.A.), and Post- Graduate Diploma in Computer Application (PGDCA) Hemchandracharya North Gujarat University
5. S. V. College of Education, Kadi. Bachelor of Education (B.Ed.)
(Gujarati Medium) Hemchandracharya North Gujarat University
6. Acharya Shri Manubhai J. Patel M.Ed, College, Kadi.
Master of Education (M.Ed.) Hemchandracharya North Gujarat University.]
---------- Government Central Press, Gandhinagar.
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1. This Schedule was renumbered as Scheduled I by Guj. 3 of 2012, s.7.
2. Schedule II was added, ibid., s.7.
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