quirc:d for meeting the full operational expenditure of the University, whichever is more. for a period of five years in lhc form of long tenn interest bearing S<.."Curitics issued or guaranteed by the Central Government or the Stale Govcnuncm.
Paym<nt by 26. The Go.,emmcnt shall pay to the University from time to time such sums S1a1c co,crnmcot lo l;niversity.
of money and in such manner as may be considered necessary for the exercise of powers and discharge of its functions b)' lhe University by or under thi~ Ac1.
fund of 27. (I) The lJruversity shall 1..-stablish a fund to be called the ·t,nivcrsity Univcrsit}.
Fund' consisting ot:-
(i) any contribution or grants or loans by the State Government and the Central Government;
(ii) the income of the Un;vcn;ity from all sources including income from fees and charges;
(iii) the moneys received by the Uni\'ersity by 1.vay of grants, loans, gifts, donations, benefactions, bequests or transfer endowments and other gr:ints, if any;
PART-IV) (jlJJJ\RA T GOVERi'\/ME~T GAi'Ern .. tX .. 31-7-2009
(iv) the moneys received by the Uni vcrsity from the collaborating industries in terms of the provisions of the :'v!cmorandum of Understanding entered between the University and the Industry, for establishment of sponsored chairs. fcllo"ships or infrastructure facilities of the University; and
(v) the mom:ys received by the University in any other manner or from any other source.
(2) l\11 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 Committ1.-.:.
(3) Th.: funds of the University shall be applied towards lb.: cxp.:nses of the University including expenses incurred in the exercise of its power~ and discharge of its functions by or under this Act.
15-19
28. (I) The University shall maintain proper accounts and other relevant A ccount< and audit records and prepare an Annual Statement of Accounts, including the income and expendirurc account and the balance sheet. in such form and in such manner as may be prescribed.
(2) The University shall adopt a proper system of internal checks and balances and control in the discharge of its financial, accounting and auditing ftrnctions as may be prescribed by the Regulations;.
(3) The accounts of the university shall be audited every year hy an Auditor, who shall be a Chartered Accountant as defined in the Chartered Accountant Act, XXXVlll or 1949. 1949 or a firm of Chartered Accountants, to be appointed by the Board.
(4) The accounts of the University certified by the person or firm so appointed or any other persons authorized in this behalf together with the audit report thereon shall be placed before the Board and the Board may issue such instructions 10 the University in respect thereof as it deems fit and the University shall comply with such instructions.
15-20 Gt.:JARA T GOVERNMENT GAZEITE, EX., J 1-7-2009 [PART-IV Ptnsioo, lnsurnncc and l>rovid•nt Fund.
A<ts and pro<eeding.s not to b< io.-alidattd by va<an<ies.
(S) The accounts of the University shall be audited by an internal auditor who shall be a Chartered Accounl3llt or a finn of Chartered Accountants 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 t;niversity shall prepare for each year an annual report o f its activities of the previous year containing such particulars as the Board may specify and submit lhe same in the form of annual report to the Board on or before such date as may be prescribed, for review and approval.
(7) The copy of the annual report and annual audit report along .,.;th the resolution of the Board thereon shall be submitted to the State Government and it shall be laid, as soon as may be after it is received, before the State Legislature.
29. ( I) The Univcn;ity shall, "\\-ith 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 establ ishment and support of the associations. institutions. funds, truStS and con,.eyancc calculated to the benefit of the officers, teachers. employees of the University.
(2) Where any such provident fund has been constituted. the provisions of the Provident Funds Act, 1925 shall apply to such fund as if it were a Government 1' or 1925.
Provident Fund.
CHAPTER V SUPPLEMENTARY PROVISIONS
30. No act or proceeding of the Board or any authority of the University or any committee constituted under this Act or by regulations shall be invalided on the ground merely of the existence of any vacancy in or defect of, in the constitution of such Board, authority or comminee of the University.
PART-IV] GUJARAT GOV!;RNMTh'T GAZETTE. £;,'(., 31 -7-~009 15-21
31. Notwithstanding anything contained in any olher State law for the time Conftrmrnt or being in force, the University shall have powers to coufor degrees. diplomas and grant certificates and confer honorary degrees and other academic di,tinctions and title:; as appro\ ed by the Board.
degrees, diplom2s and graot or cutiftt"alt~ by LDI''ffSi().
32. The lJnivcrsity shal l furnish to the State Government, University Grants Returns and Commission and other Statutory authorities, such reports, returns. statement~ and information other information as may be required by them from time to time.
33. Every officer, teacher ao<l employee of the l)oi-.crsity shall be deemed to orr...,~ and 4< or 18611. be a public servant within the meaning of section 21 of the Indian Pcnai Cod.:.
£xpla11lltio11 :- ror the purpose of thi s section, any person. who is appointed by the University for a specified period or a specified work of the t;nivcrsity or who receh<..'d any remuneration by way o: allow'311CeS or fees for any work don.: from the l niversil) fund. shall Ile deemed to be an officer or employee of the Uni,crsity while he is pedormmg the duties ao<l functions conn1:cted wi1h such appointment or work.
empto)~to ~public scn·anb.
34. (I) No officers or employees or members of the teaching, non-teaching Di•minal, rr:moval, and other academic staff of the Universit~ shall be dismissed or removed or ntlart•on •• termi~uoa of reduced in rank except after an inquiry in which Ile has been informed of the .. l'Vi«s orsurr charges again:.1 him and given a reasonable opponunity of being heard in respect of those charges.
(2) An appeal against an order of dismissal, removal or reduction in rank under sub-section (I) or of termination of service shall be made to the Director General \\ithin ninety days from the date of communication of such order and the decision of the Director General in such appeal shall be final.
35. The State Government shall have powers to issue directions from time to time a~ may be required for compliance of the provisions of this Act, the IV ·Ex., 15.Q Power> of State Government to give directions.
. ·-· ······ ..... . ..... '.. .. . . ..
15-22 GUJARAT GOVERNME"IT GAZETIE, EX .. 31-7-2009 [PART-rv rcgul:uion made thereunder .md any other law for the time being in force and the Univcr,ity shall be bound to comply .,.;th such direction.
Powers to 36. ll ) SuhJc<.:t to the provisions of this Act, the Roard shall have in make Rejlulation>- addition 10 all othc:r pm'vcrs vested in it, the power to make regulations to provide for the admtni.trat1on and management of the affairs of the L rn\'ersit) .
(2) Jn parncular and without prejudice to the gencralit} of the foregoing powers. such regulation:. may provide for all or any of the following matters.
namely:- { i) the summoning and holding of meetings of the authori1ies of the L.nivcr.;ny. 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 Director GcnerJI;
(iii) the constitution, power.; and duties of the authorities. bodies and other committces of the l !ni\'er<;it). the qua.ifications and disqualifications for membership of such authoriti.:s. terms of office of the membership. appointment and removal of tm:mbcr thereof and other mnni:rs connected therewith;
(i\') the procedure to be followed by the Board and any committee or other body constituted by or under this Act or by the regulation in the conduct of the business, exercise of the powers and discharge of 1hc functions~
(v) the procedure and criteria to be followed in establishing courses of study and admission of students;
(vi) the procoourc to be followed for enforcing discipline in the L;niversity;
(vii) the managemen1 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
PART-IV] GLJARAT GOVERNME'..'T GAZETTE. EX .• 31-7-2009 withdrawal or cancellation of any such degree, diplomas, certificates ar.d other academic distinctions and titles and the requirements thereof;
(ix) the conduct of examinations including the term oC office and appointment of examiners;
(x) the creation of posts of Directors. Professors. Associate Profc;sors, Assistant Professors, Readers. Lecturers or equivalent academic designations or posts. ofliccrs and employees of the Univcr:;ity. and the appointment of person~ to such posts including the requisite qualifications thereof;
(xi) the fees and other charges to h(! paid to the University for the courses, training. facilities and services provided by it;
(xii) the maimer and conditions for constirution of insurance, pension and provident funds and ~uch other schemes for the bt!nefits of officers, teachers and employees of the University;
(xiii) the terms and conditions for association of the l.;niversity with other institutions:
(xiv) the preparation of budget estimates and maintenance of accounts;
(xv) the mode of execution of contracts or agreements by or on behalf of the University;
(xvi) the classification and procedure for appointment of officers, employees and other staff of the University;
(xvii) the terms, and conditions and tenure of appointment. salaries :ind allowances, contractual services, rules of discipline and other conditions of service of the Oircctor of Research and Development, Director, other officers, teachers and employees of the University;
(xviii) the terms and conditions governing deputation of teachers. officers and employees of the University;
(xix) the powers and duties of·thc Director of Research and Development, Directors and other officers, teachers and employees of the University;
15-23 . __ ..... --·· ..... . ••••• •• • " .,., •·• •T• • • •··-· ·• • 15-24 GLJARA T GOVER~MENT GAZEITE. EX., 31-7-:009 LP ART-IV
(xx) the tenns and conditions governing fellowsh ips. scholarships, stipends. medals and prizes;
(xxi) the authentication of the orders and the decisions of the Board;
(xx ii) the matters relating to hostels and halls of residence and housing for iaculues. offic.:r.. and employees and guest house including disciplinary control thc:rein; and
(xxiii) all othc:: matter> which b> this Act are to be or may be p~ribed.
Appoinu~.cn1 37. Notwithstanding anything contained in section 22. the first Registrar shall or Fn-.1 Rei:istrar. be app<>imed b) the State Go\•errunent as soon as practicable after the Trao.i1ory pro"isions..
commencement of the Act for a period not exceeding three years and on such condi~ons a~ the State Government thinks fit
38. ;-/otwithstan<ling anything contained in this Act, the Director General m:l)', "'ith the prior appro"al of !he Board and subject to availabiii!) 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 the regulations and for that pirrposc. may exercise an> p0wcr or perfonn any duty which by or under this Act and regdations arc to be exercised or performed by any authority of the University until such authorit) com.:s into existence in accordance with the provisions of this Act and the Ri.:gulations.
l:ndemitity. 39. '\o sun. prosecuuon or other legal proceedings shall lie against and no Power of State Covernmcnt damage shall be claimed from the Univer~iry, tbe Director General, the Directors, the authorities or officers or employees of the University or an} other person in respect of anything which is done in good faith or purp0rting to be done m pursuance of this Act or any regulations made thereunder.
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 Gazelle, make such 10 r~mon . . . . 'th th . . f thi A be difficoltics. proV1s1ons not 10cons1stent WI e proVJSlODS o s ct, as may appear to necessary for removing difficulties:
PARl-IVl Gl;JARAT GOVER~;1.1ESTGAlETII:... EX .. 3 -7-2009
Provided that no such order shall be made under this section after the expiry of two year~ from the date of commencement oflhis /\ct.
(2) Ev<.:ry order made under this section shall be laid. as soon as may be after it is made. before the State Legislature.
IV-Ex., 15-7 15-25