(a) the Director,
(b) the Heads of the Departments, Schools and Centres,
(c) the Registrar, and
(d) such other officers of the University as may be declared by the regulations to be the officers of the University.
33. (1) The Director shall be appointed by the General Council after considering the recommendations of the Executive Council and in consultation with the Visitor.
(2) The terms and conditions of the appointment of the Director shall be such as may be prescribed by the regulations:
Provided that the first Director shall be appointed by the State Government in consultation with the Chairman.
(3) The Director, subject to the specific and general directions of the Executive Council, shall exercise all the powers of the Executive Council for management and administration of the University.
(4) The Director shall hold office for a term of five years. He shall be eligible for re-appointment for a further term of five years only.
(5) The Director shall-
(a) ensure that the provisions of this Act and the regulations are duly observed, and he shall have all such powers as are necessary for that purpose;
(b)convene the meetings of the General Council, the Executive Council, and the Academic Council and shall perform such other functions as may be necessary to give effect to the provisions of this Act;
(c) have all such powers as are necessary for proper maintenance of discipline in the University.
(6) When in the opinion of the Director, an emergency requires immediate action, he shall take such action as he deems necessary and shall report the action so taken for confirmation to the authority, to the next meeting which, in the ordinary course, would have dealt with that matter.
34. (1) Each of the Departments of the University shall have a Head of the Department.
(2) The powers, functions, appointments and the conditions of service of the Heads of Departments shall be such as may be prescribed by the regulations.
Standing Committees and adhoc committees.
Officers of University.
Director.
Head of Departments and Schools.
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35. (1) The Registrar shall be appointed by the Executive Council and shall be a whole time officer of the University.
(2) The terms and conditions of the appointment of the Registrar shall be such as may be prescribed by the regulations.
(3) The Registrar shall be the ex-officio Secretary to the Executive Council and the Finance Committee, but he shall not be considered to be a member of any of these authorities.
(4) The Registrar shall-
(a) comply with all directions and orders of the Executive Council and the Director;
(b) be the custodian of the records, common seal and such other property of the University as the Executive Council may direct;
(c) exercise such powers and perform such functions as may be prescribed by the regulations.
(5) When the post of the Registrar is vacant, the Director may authorise any officer of the University to exercise such powers and perform such functions of the Registrar, as he thinks fit.
36. The terms and conditions of service (including contract service) and the redressal of grievances relating thereto, of teachers, officers and employees of the University shall be such as may be prescribed by the regulations.
37. The University shall make provisions for the benefit of its officers, teachers, employees and other servants in such matters as insurance, pension, provident fund or other benefits as it may deem fit, in such manner and subject to such conditions as may be prescribed by the regulations.
CHAPTER VI FINANCE
38. (1) The University shall establish a fund to be called the University Fund.
(2) The following shall form part of, or be paid into, the University Fund, namely:-
(a) all contributions or grants made by the State Government, the Central Government, the Bar Council of India, the Bar Council of Gujarat and the University Grants Commission;
(b) the income of the University from all sources including income from fees and charges;
(c) all income or moneys from trusts, bequests, donations, endowments, subventions and other grants.
(3) The University Fund shall, at the discretion of the Executive Council, be kept in a Scheduled Bank as defined in the Reserve Bank of India Act, 1934, or in a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, or may be invested in such securities authorized by the Indian Trusts Act, 1882.
(4) The University Fund may be expended for such purpose of the University and in such manner, as may be prescribed by regulations.
39. (1) The annual accounts of the University shall be prepared under the directions of the Executive Council.
(2) The Executive Council shall prepare, before such date as may be prescribed by the regulations, the annual financial estimates for the ensuing year and place the same before the General Council.
Registrar.
Terms and conditions of employees.
Insurance, pension and provident fund.
University Fund.
II of 1934.
5 of 1970.
40 of 1980.
2 of 1882.
Annual accounts and financial estimates.
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(3) Where an expenditure in excess of the amount provided in the budget is required to be incurred, the Executive Council may, for reasons to be recorded in writing, incur expenditure subject to such conditions and restrictions as may be prescribed by the regulations and a report of such excess expenditure shall be made to the General Council at its next meeting.
(4) The accounts of the University shall be audited by the auditors appointed by the Executive Council:
Provided that the State Government may, whenever it considers necessary, direct that audit of the accounts of the University, including the institutions managed by it, shall be audited by such auditors as it may specify.
(5) The accounts together with the audit report shall be placed before the Executive Council and shall also be submitted to the State Government.
(6) The annual accounts and the Financial Estimates shall be considered by the General Council as its annual meeting. The General Council may pass resolutions with reference thereto and communicate the same to the Executive Council, which shall take them into consideration and take such action thereon as it thinks fit. The Executive Council shall inform the General Council at its next meeting of the action taken by it or its reasons for taking no action.
40. (1) The Executive Council shall prepare the annual report containing such particulars as the General Council may specify, covering each financial year, and shall be submitted to the General Council on or before such date as may be prescribed by regulations. The General Council shall consider such report and may pass resolutions thereon and the Executive Council shall take such action in accordance with the resolution. The action taken by the Executive Council or if no action is taken, the reasons for taking no action shall be communicated to the General Council at its meeting.
(2) The Copy of the annual report along with the resolution of the General Council thereon shall be submitted to the State Government. The State Government shall lay the same before the State Legislature at its next session.
CHAPTER VII ENROLMENT AND DEGREE
41. No student shall be enrolled as a student of the University, unless he possesses such qualifications as may be prescribed by the regulations.
42. A student of the University shall study on such terms and conditions as may be prescribed by the regulations.
43. The General Council may, on the recommendation of not less than twothirds of members of the Academic Council, confer by resolution, honorary degree or academic distinction, on a person who has eminent attainment and position.
44.(1)The General Council may, on the recommendation of the Executive Council, withdraw any distinction, degree, diploma or privilege conferred on, or granted to, any person who has been convicted by a court of law for an offence involving moral turpitude or if he has been guilty of gross misconduct, by a resolution passed by majority of the total membership of the General Council and by a majority of not less than two-thirds of the members of the General Council present and voting.
(2) No action under sub-section (1) shall be taken against any person unless he has been given an opportunity to show cause against the action proposed to be taken.
(3) The resolution so passed by the General Council shall take effect immediately and the copy of the same shall be sent to the person concerned.
Annual report.
Qualification for admission of students.
Residence of students.
Honorary degree.
Withdrawal of degree or diploma.
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45.(1) The Director shall be the final authority for maintenance of discipline among the students of the University. The directions given by the Director in this behalf shall be complied with by the Heads of Departments, Schools, Hostels and Institutions.
(2) Notwithstanding anything contained in sub-section (1), the Executive Council may, on the report of the Director, impose the punishment of debarring a student from an examination or rustication from the School or a hostel or an institution:
Provided that no such punishment shall be imposed without giving the student concerned a reasonable opportunity to show cause against the action proposed to be taken against him.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
46. (1) The Executive Council may make regulations consistent with the provisions of this Act to provide for the administration and management of the University.
(2) The Executive Council shall not make, amend or repeal any regulation affecting all or any of the following matters without the prior concurrence of the Academic Council,-
(a) the determination of authorities for organizing teaching relating to syllabus and academic programmes;
(b) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(c) the establishment and abolition of Faculties, Departments, and specialised schools, centres of learning and research, and halls of residence;
(d) the institution and award of fellowships, scholarships, studentships, exhibitions, medals and prizes;
(e) conditions and modes of appointment of examiners, conduct or standard of examinations and course of study;
(f) modes of enrolment or admission of students;
(g) examinations of other University to be recognised as equivalent to University examinations.
(3) The Academic Council may propose to the Executive Council to make regulations on all or any of the matters specified in clauses (a) to (g) and matters incidental or related thereto.
(4) Where the Executive Council has rejected any regulation proposed by the Academic Council, the Academic Council may appeal to the Visitor, and the Visitor may, by order, direct that the proposed regulation may be laid before the next meeting of the General Council for its approval and that pending such approval of the General Council, such regulation shall have effect form such date as may be specified in the order:
Provided that where the regulation is not approved by the General Council at such meeting, it shall cease to have effect.
(5) (i) All regulations made by the Executive Council shall be submitted to the General Council and to the Visitor for approval;
(ii) The General Council may, by resolution, approve the regulations;
(iii) The Visitor may approve the regulation and the regulation so approved shall remain in force till the date on which it is approved or disapproved by the General Council.
Discipline among students.
Regulations.
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47. All contracts relating to the management and administration of the University shall be expressed to be made by the Executive Council and such contracts shall be executed on behalf of the Executive Council by the Director when the value of the contract is more than twenty lakhs of rupees and by the Registrar when its value does not exceed twenty lakhs of rupees.
48.(1) The Visitor shall, at least once in every five years, constitute a Commission to review the working of the University and to make recommendations.
(2) The Commission shall consist of not more than three eminent educationists, one of whom shall be the Chairman of such Commission, appointed by the Visitor in consultation with the State Government.
(3) The terms and conditions of appointment of the members shall be such as may be determined by the Visitor.
(4) The Commission shall, after holding such enquiry as it deems fit, make its recommendation to the Visitor.
(5) The Visitor may take such action on the recommendations as he deems fit.
49. Every officer and employee of the University shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
50. No act or proceedings of any authority of the University or body shall be invalid on the grounds merely of the existence of any vacancy in or any defect in constitution of such authority or body.
51. 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.
52. Notwithstanding anything in this Act or the regulations, whenever the University receives funds from any Government, the University Grants Commission or other agencies sponsoring a scheme to be executed by the University,-
(a) the amount received shall be kept by the University in a separate account and shall be utilised for the purpose of the scheme only; and
(b) the staff required to execute such scheme shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisation.
53. If any difficulty arises in giving effect to the provisions of this Act or the regulations, the Visitor or the Director as directed by the Visitor, may, by order or as occasion requires, do anything consistent, so far as may be, with the provisions of this Act and the regulations, which appear to him to be necessary or expedient for the purpose of removing the difficulty. Every such order shall have effect as if such action had been taken under this Act or the regulations:
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
_________ PRINTED AT THE GOVERNMENT PRESS, BHAVNAGAR Execution of contracts.
Appointment of Review Commission.
Officers and employees to be public servant.
XLV of 1860.
Proceedings not invalidated by vacancies.
Protection of action taken in good faith.
Sponsored scheme.
Power to remove difficulties.
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