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GUJARAT ACT NO. 16 OF 2005.
THE DHARMSINH DESAI UNIVERSITY ACT, 2005.
SECTIONS
CONTENTS
PAGE NO.
1. Short title and commencement. 1
2. Definitions. 2
3. Establishment and incorporation of University. 2
4. Objects of University. 3
5. University open to all irrespective of sex, religion,
class, creed or opinion.
4
6. Powers and functions of University. 4
7. President. 7
8. Authorities of University. 7
9. Officers of University. 8
10. Board of Governors. 8
11. Chairman of Board. 8
12. Powers and functions of Board. 8
13. Terms of office and vacancies among members of
Board.
9
14. Academic Council. 10
15. Powers and functions of Academic Council. 10
16. Finance Committee. 11
17. Powers and functions of Finance Committee. 11
18. Vice-Chancellor. 12
19. Powers and duties of Vice-Chancellor. 12
20. Registrar. 13
2
21. The Deans. 14
22. Permanent Endowment Fund of University. 14
23. Payment to University. 14
24. Funds of University. 14
25. Accounts and audit. 15
26. Pension and provident fund. 16
27. Acts and proceedings not to be invalidated by
vacancies.
16
28. Conferment of degrees, diplomas and grant of
certificates by University.
16
29. Returns and information. 16
30. Management of University on dissolution of trust.
16
31. Powers of State Government. 16
32. Regulations. 16
33. Removal of difficulties at commencement. 18
34. Transitory provisions. 19
35. Indemnity. 19
3
The following Act of the Gujarat Legislature, having been assented
to by the Governor on the 23rd March, 2005 is hereby published for general
information.
S.S. PARMAR,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 16 OF 2005.
(First published, after having received the assent of the Governor in the
“Gujarat Government Gazette”, on the 23rd March, 2005).
AN ACT
to provide for the establishment of the Dharmsinh Desai University,
Nadiad, Gujarat by law and to confer the status of a University thereon and
for matters connected therewith or incidental thereto.
It is hereby enacted in the Fifty-sixth Year of the Republic of India
as follows:-
1. (1) This Act may be called the Dharmsinh Desai University Act,
2005.
(2) It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint.
Short title and
commencement.
4
2. In this Act, unless the context otherwise requires, -
(a) "Academic Council" means the Academic Council of the University
constituted under section 14;
(b) "Board" means the Board of Governors of the University constituted
under section 10;
(c) “Chairman” means the Chairman of the Board appointed under
section 11;
(d) “Deans” mean the Deans of the University appointed under
section 21;
(e) “Finance Committee” means the Finance Committee of the
University constituted under section 16;
(f) “Foundation” means the Dharmsinh Desai Foundation, Vadodara;
(g) “Patron Trustee” means the Patron Trustee of the Dharmsinh Desai
Foundation, Vadodara ;
(h) "President" means the President of the University appointed under
section 7;
(i) “prescribed” means prescribed by the regulations;
(j) “Registrar” means the Registrar of the University appointed under
section 20;
(k) “Regulations” means the Regulations of the University made under
section 32;
(l) “Society” means the Dharmsinh Desai Foundation, Vadodara, a
society registered under the Societies Registration Act, 1860;
(m) “Trust” means the Dharmsinh Desai Foundation, Vadodara
registered under the Bombay Public Trusts Act, 1950;
(n) "University" means the Dharmsinh Desai University, Nadiad,
Gujarat, a University established under section 3;
(o) “Vice-Chancellor” means the Vice-Chancellor of the University
appointed under section 18.
3. (1) There shall be established a University by the name of “The
Dharmsinh Desai University, Nadiad, Gujarat”.
(2) The President, the Board, the Academic Council, the Vice-
Chancellor, the Deans, the Registrar and all other persons who may
hereafter become such officers or members so long as they continue to hold
such office or membership, are hereby constitute a body corporate by the
name of “The Dharmsinh Desai University, Nadiad, Gujarat”.
Definitions.
XXI of 1860.
Bom. 29 of
1950.
Establishment
and
incorporation of
University.
5
(3) The University shall function as a non-affiliating University
established under this Act and it shall not affiliate any other college or
Institute for the award conferment of degree, diploma and certificate of its
degree to the students admitted therein.
(4) Save as provided in clause (vi) of sub-section (1) of section 24 of
this Act, the University shall not have any new grant-in-aid or other
financial assistance which it was not receiving on the date of
commencement of this Act, from the State Government.
(5) The University shall be a body corporate by the name aforesaid,
having perpetual succession and common seal with power, subject to the
provisions of this Act, to acquire and hold property, to contract and shall, by
the said name, sue and be sued.
(6) In all suits and other legal proceedings by or against the University,
the pleadings shall be signed and verified by the Registrar and all processes
in such suits and proceedings shall be issued to, and served on, the
Registrar.
(7) The headquarters of the University shall be at Nadiad , Gujarat.
4. The objects of the University shall be to develop the knowledge of
science and technology, dental, medical, pharmacy, commerce,
management and education for the advancement of mankind. The objects
of the University shall be as follows, namely :-
(i) disseminate, create and preserve knowledge and understanding by
teaching, research, training and extension activities by effective
demonstration and influence of its corporate life on society in
general;
(ii) to create centres of excellence for providing knowledge, education,
training and research facilities of high order in the field of science
and technology, dental, medical, pharmacy, commerce, management
and other related professional education as per its current status and
such other matters as may develop in future, including continuing
education;
(iii) to develop patterns of teaching for a certificate or diploma, upto
undergraduate, post-graduate and doctoral level and to maintain a
high standard of education and its applications; to create
capabilities for upgrading science and technology, dental, medical,
pharmacy, commerce, management and technology infrastructure of
the global standards;
(iv) to develop training facilities in higher education including
professional education and allied fields; to provide for inter-
Objects of
University.
6
relationships for national and global participation in the field of
science and technology, dental, medical, pharmacy, commerce,
management and its allied fields;
(v) to function as a learning resource centre;
(vi) to provide for arrangement for national and global participation in
the field of higher and professional education including technical
education, science and technology, dental, medical, pharmacy,
commerce, management; and
(vii) to establish close linkage with the industry to make teaching,
research and training at the University relevant to the needs of the
economy, at national and global level.
5. (1) No person shall be excluded from any office of the University or
from membership of any of its authorities or from admission to any degree,
diploma or other academic distinction or course of study on the sole ground
of sex, race, creed, caste, class, place of birth, religious belief or profession
of political or other opinion.
(2) It shall not be lawful for the University to impose on any person any
test whatsoever relating to sex, race, creed, caste, class, place of birth,
religious belief or profession of political or other opinion in order to entitle
him to be admitted as a teacher or a student or to hold any office or post in
the University or to qualify for any degree, diploma or other academic
distinction or to enjoy or exercise any privileges of the University or any
benefaction thereof.
6. Subject to the provisions of this Act, the University shall exercise
the following powers and perform the following functions, namely:-
(i) to administer and manage the University and such centres for
research, education and instruction as are necessary for the
furtherance of the objects of the University;
(ii) to provide for instruction, training and research in such
branches of knowledge or learning pertaining to science and
technology, dental, medical, pharmacy, commerce,
management and allied areas and for the advancement and
dissemination of science and technology and allied areas;
(iii) to conduct innovative experiments in new methods and
technologies in the field of science and technology in order
to achieve international standards of such education, training
and research;
University open
to all irrespective
of sex, religion,
class, creed or
opinion.
Powers and
functions of
University.
7
(iv) to prescribe courses and curricula and provide for flexibility
in the education system and delivery methodologies
including electronic and distance learning;
(v) to hold examinations through electronic mode also and
confer degrees, diplomas or grant certificates, and other
academic distinctions or titles on persons subject to such
conditions as the University may determine, and to withdraw
or cancel any such degrees, diplomas, certificates, or other
academic distinctions or titles in the manner prescribed by
the Regulations;
(vi) to confer honorary degrees or other distinctions in the
manner prescribed by the Regulations;
(vii) to establish such special centers, specialized study centers or
other units for research and instruction as are, in the opinion
of the University, necessary for the furtherance of its objects;
(viii) to provide for printing, reproduction and publication of
research and other works and to organise exhibitions;
(ix) to sponsor and undertake research in all aspects of science
and technology, dental, medical, pharmacy, commerce,
management and allied areas;
(x) to collaborate or associate with, advise, administer, control,
develop, maintain, or take over by way of merger or
otherwise, any educational institution with like or similar
objects;
(xi) to develop and maintain linkages with educational or other
institutions in any part of the world having objects wholly or
partially similar to those of the University, through
exchange of teachers and scholars, and generally in such
manner as may be conducive to their common objects;
(xii) to develop and maintain relationships with teachers,
researchers, and domain experts in science and technology,
dental, medical, pharmacy, commerce, management and
allied areas in any part of the world for achieving the objects
of the University;
(xiii) to regulate the expenditure and to manage the finances and to
maintain accounts of the University;
(xiv) to receive funds from industry, national and international
organisations or any other source as gifts, donations,
benefactions, bequests and by transfers of movable and
8
immovable properties, for the purposes and objects of the
University;
(xv) to establish, maintain and manage halls and hostels for the
residence of students;
(xvi) to supervise and control the residence and regulate the
discipline of students of the University and to make
arrangements for promoting their health and general welfare
and cultural activities;
(xvii) to fix, demand and receive or recover fees and such other
charges as may be prescribed by the Regulations;
(xviii) to institute and award fellowships, scholarships, prizes,
medals and other awards;
(xix) to purchase or to take on lease or accept as gifts or otherwise
any land or building or works which may be necessary or
convenient for the purpose of the University and on such
terms and conditions as it may think fit and proper and to
construct or alter and maintain any such building or works;
(xx) to sell, exchange, lease or otherwise dispose of all or any
portion of the properties of the University, movable or
immovable, on such terms as it may think fit and consistent
with the interest, activities and objects of the University;
(xxi) to draw and accept, to make and endorse, to discount and
negotiate, promissory notes, bills of exchange, cheques or
other negotiable instruments;
(xxii) to raise and borrow money on bond, mortgages, promissory
notes or other obligations or securities founded or based
upon all or any of the properties and assets of the University
or without any securities and upon such terms and conditions
as it may think fit and to pay out of the funds of the
University, all expenses incidental to the raising of money,
and to repay and redeem any money borrowed;
(xxiii) to invest the funds of the University in or upon such
securities and transpose any investment from time to time in
such manner as it may deem fit;
(xxiv) to execute conveyances regarding transfers, mortgages,
leases, licenses, agreements and other conveyances in respect
of property, movable or immovable including Government
securities belonging to the University or to be acquired for
the purpose of the University;
9
(xxv) to admit the students for the courses offered by the
University in the manner prescribed by the Regulations;
(xxvi) to create academic, technical, administrative, ministerial and
other posts and to make appointments thereto;
(xxvii) to regulate and enforce discipline among the employees of
the University and to provide for such disciplinary measures
as may be prescribed by the Regulations;
(xxviii)to institute professorship, associate professorship, assistant
professorship, readerships, lecturerships and any other
teaching, academic or research posts and to prescribe by
Regulations qualifications for them;
(xxix) to appoint persons as professors, associate professors,
assistant professors, readers, lecturers or teachers and
researchers of the University;
(xxx) subject to the provisions of this Act and regulations, any
officer or authority of the University may, by order, delegate
his or its powers except the power to make regulations to any
other officer or authority under his or its control and subject
to the condition that the ultimate responsibility for the
exercise of the powers so delegated shall continue to vest in
the officer or authority delegating them; and
(xxxi) to do all such other acts and things as the University may
consider necessary, conducive or incidental to the
attainment or enlargement of all or any of the objects of the
University.
7. (1) The Patron Trustee of the Dharmsinh Desai Foundation,
Vadodara shall be the President of the University for life at his pleasure. He
may at his pleasure designate any other permanent trustee of the trust to be
the President of the University.
(2) The President shall have, subject to the provisions of this Act, power
to cause an inspection or review to be made by such person or persons as he
may direct, of the University, its buildings, libraries, equipments and
systems and processes and of any institution or centre maintained by the
University, and also of the examinations, teaching, research and other work
conducted or done by the University and to cause an inquiry to be made in
like manner in respect of any matter connected with the administration and
finances of the University.
8. The following shall be the authorities of the University, namely:-
(a) the Board;
President.
Authorities of
University.
10
(b) the Academic Council;
(c) the Finance Committee; and
(d) such other authorities as may be prescribed by the
Regulations.
9. The following shall be the officers of the University, namely:-
(a) the Vice-Chancellor,
(b) the Deans,
(c) the Registrar, and
(d) such other persons as may be prescribed by the Regulations.
10. (1) The Board of Governors of the University shall consist of the
following members, namely:-
(i) the President shall be the Chairman of the Board;
(ii) two representatives of the Trust;
(iii) Vice-Chancellor of the University;
(iv) two Deans of the University, by rotation, to be
nominated by the Vice-Chancellor;
(v) the Secretary to Government, (Higher and Technical
Education), Education Department, Government of
Gujarat;
(vi) three experts academicians to be nominated by the
President;
(vii) three experts representing other disciplines such as
finance, legal, management, humanities to be
nominated by the President; and
(viii) two representatives of the Industries to be nominated
by the President.
(2) The Registrar shall be the Secretary of the Board.
11. (1) The Chairman shall preside over at the meetings of the
Board and at the convocations of the University.
(2) The Chairman shall exercise such other powers and perform
such other duties as may be assigned to him by this Act or the Regulations.
12. (1) Subject to the provisions of this Act, the Board shall be
responsible for the general superintendence, direction and control of the
affairs of the University and shall exercise all the powers of the University,
and shall have the power to review the acts of the Academic Council and
the Finance Committee.
Officers of
University.
Board of
Governors.
Chairman of
Board.
Powers and
functions of
Board.
11
(2) Without prejudice to the provisions of sub-section (1), the Board
shall have the following powers and functions, namely :-
(i) to take decisions on question of policy relating to the administration
and working of the University;
(ii) to institute courses of study at the University;
(iii) to make Regulations;
(iv) to consider and approve the annual report and the annual accounts
of the University for every financial year;
(v) to invest moneys and funds of the University and take decisions on
the recommendations of the Finance Committee;
(vi) to publish or finance the publication of studies, treaties, books,
periodicals, reports and other literature and to sell or arrange for the
sale as it may deem fit from time to time;
(vii) to create or abolish posts of teachers and other employees of the
University;
(viii) to appoint such committees as it considers necessary for the exercise
of its powers and the performance of its duties under this Act;
(ix) to delegate any of its powers to the Vice-Chancellor, Deans,
Registrar, or any other officer, employee or authority of the
University or to a committee appointed by it; and
(x) to exercise such other powers and perform such other functions as
may be conferred or imposed upon it by this Act or Regulations and
such other powers for achieving the objects of the University.
13. (1) Save as otherwise provided in this section, the term of
nominated members of the Board shall be three years from the date
of nomination;
(2) an ex-officio member shall continue so long as he holds the
office by virtue of which he is such member;
(3) any vacancy in the Board occurring before the next
reconstitution or before the expiry of the prescribed period shall be
filled by nomination of another person by the President;
(4) a member nominated under sub-section (3) shall continue for
the remainder of the term of a member in whose place he is
nominated;
Terms of office
and vacancies
among members
of Board.
12
(5) an outgoing member shall be eligible for re-nomination for
the next term;
(6) a member may resign his office by writing under his hand
addressed to the President but he shall continue in office until his
resignation has been accepted by the President.
14. (1) The Academic Council of the University shall consist of the
following members, namely:-
(i) the Vice-Chancellor of the University, ex-officio,
who shall be the Chairman of the Academic Council;
(ii) two academicians or professionals, to be nominated
by the Board;
(iii) two external academicians or professionals in the
area of science and technology, to be nominated by
the Vice-Chancellor;
(iv) two Deans of the University, by rotation to be
nominated by the Vice-Chancellor;
(v) one Professor from each discipline of the University,
by rotation to be nominated by the Vice-Chancellor;
and
(vi) the Registrar who shall be the non-member
secretary of the Council.
(2) The term of office of the members other than the ex-officio
member shall be three years.
15. Subject to the provisions of this Act, and the Regulations, the
Academic Council of the University shall have the following powers and
functions, namely:-
(i) to exercise control over the academic policies of the
University and shall be responsible for the maintenance and
improvement of standards of instruction, education and
evaluation in the University;
(ii) to consider matters of general academic interest either on its
own initiative or on a reference from the Faculty of the
University or the Board and to take appropriate action
thereon;
Academic
Council.
Powers and
functions of
Academic
Council.
13
(iii) to recommend to the Board such Regulations as are
consistent with this Act regarding the academic functioning
of the University including discipline of students; and
(iv) to exercise such other powers and perform such other duties
as may be conferred or imposed upon it by the Regulations.
16. (1) The Finance Committee shall consist of the following
members, namely:-
(i) the Vice-Chancellor of the University ex-officio shall be the
Chairman of the committee;
(ii) one member of the Board to be nominated by the President;
(iii) one Dean of the University by rotation to be nominated by
the Vice-Chancellor;
(iv) one expert to be nominated by the President; and
(v) the Registrar shall be the non-member secretary of the
committee.
(2) The term of office of the members other than the ex-officio member
shall be three years.
17. Subject to the other provisions of this Act, the Finance Committee
shall exercise the following powers and perform the following functions,
namely:-
(i) to examine the annual accounts and annual budget estimates
of the University and advise the Board thereon;
(ii) to review the financial position of the University from time
to time;
(iii) to make recommendations to the Board on all financial
policy matters of the University;
(iv) to make recommendations to the Board on all proposals
involving raising of funds, receipts and expenditure;
(v) to provide guidelines for investment of surplus funds;
(vi) to make recommendations to the Board on all proposals
involving expenditure for which no provision has been made
in the budget or for which expenditure in excess of the
amount provided in the budget has been incurred;
Finance
Committee.
Powers and
functions of
Finance
Committee.
14
(vii) to examine all proposals relating to revision of scale,
upgradation of the scale and those items which are not
included in the budget, before they are placed before the
Board; and
(viii) to exercise such other powers and perform such other
functions as may be conferred or imposed upon it by the
Regulations.
18. (a) The Vice-Chancellor shall be appointed by the Board out of
the panel of names recommended from time to time by the
committee consisting of the following members, namely:-
(i) an eminent technologist 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.
(b) The President shall designate one member as the Chairman
of the committee.
(c) The term of office of the Vice-Chancellor shall be
determined by the Board for the period not exceeding five
years.
(d) Notwithstanding anything contained in clauses (a) and (c),
the Vice-Chancellor of the University holding the office at
the commencement of this Act, shall be deemed to have been
appointed as the first Vice-Chancellor.
(e) Where a vacancy in the office of Vice-Chancellor occurs and
it cannot be conveniently and expeditiously filled up in
accordance with the provisions of clauses (a) and (c) and if
there is any emergency, the President, in consultation with
the Board, may appoint any suitable person to be the Vice-
Chancellor and may, from time to time, extend the term for a
period not exceeding one year.
(f) The terms and conditions of service of the Vice-Chancellor
shall be such as may be prescribed by the Board and until so
prescribed, shall be determined by the President.
19. (1) The Vice-Chancellor 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.
Vice-
Chancellor.
Powers and
duties of Vice-
Chancellor.
15
(2) Without prejudice to the generality of the provision contained in
sub-section (1), the Vice-Chancellor shall -
(i) exercise general supervision 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.
(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 Vice-
Chancellor 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 other body is of the opinion that
such action ought not have been taken by the Vice-Chancellor, it may refer
the matter to the Chairman who may either confirm the action taken by the
Vice-Chancellor 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 Vice-Chancellor.
(4) Where the exercise of the power by the Vice-Chancellor 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 six months from the date of the order of the
Vice-Chancellor, otherwise the same shall cease to have effect on the
expiration of a period of six months from the date of the order of the Vice-
Chancellor.
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
Regulations.
(2) The Registrar shall exercise the following powers and perform
following duties, namely :-
Registrar.
16
(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;
(iii) he shall be responsible to the Vice-Chancellor for the proper
discharge of his functions;
(iv) he shall, subject to the control of the Vice-Chancellor, be
responsible for the administration and services of the
University and conduct the examinations and make all other
arrangements necessary thereof and be responsible for the
execution of all processes connected therewith;
(v) he shall attest and execute all documents on behalf of the
University; and
(vi) 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 Vice-Chancellor.
21. (1) The Deans of the University shall be appointed by the Vice-
Chancellor, with the approval of the Chairman of the Board, from amongst
the Faculty of the University.
(2) The Deans shall assist the Vice-Chancellor in managing the
academic and other affairs of the University and shall exercise such powers
and perform such duties as may be prescribed by the Regulations or be
entrusted to them by the Vice-Chancellor.
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 a
sum 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.
23. The trust may 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.
24. (1) The University shall have its own funds consisting of -
The Deans.
Permanent
Endowment
Fund of
University.
Payment to
University.
Funds of
University.
17
(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, benifications, 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;
(v) all moneys received by the University in any other
manner or from any other source; and
(vi) all moneys received by the University by way of
grant-in-aid from the State Government for the
courses which are conducted at the time of
commencement of this Act.
(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 expenses of
the University including expenses incurred in the exercise of its powers and
discharge of its functions.
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 not less than once
per 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.
(4) The accounts of the University certified by the person or firm so
appointed or any other person authorised 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.
Accounts and
audit.
XXVII of
1949.
18
(5) The accounts of the University shall be audited by an internal
auditor who shall be a Chartered Accountant or a firm 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 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.
26. (1) The University shall, with 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 by the Regulations, such
scheme of pension, provident funds and insurance as it may deem fit, and
also aid in establishment and support of the associations, institutions, funds,
trusts and conveyance calculated to benefit the staff and the students 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.
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.
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.
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.
30. The trust shall give a notice of not less than six months period to the
State Government of its intention to dissolve the trust. Upon receipt of any
notice from the trust, the State Government shall make arrangements for
administration of the University from the date of dissolution of the trust and
until the last batch of students in regular courses of the University complete
their courses. The expenditure for administration of the University during
taken-over period of its management shall be met out of the Permanent
Endowment Fund of the University. On dissolution of the trust, this fund
shall be in the form of a corpus fund.
Pension and
provident
fund.
XIX of 1925.
Acts and
proceedings
not to be
invalidated by
vacancies.
Conferment of
degrees,
diplomas and
grant of
certificates by
University.
Returns and
information.
Management
of University
on dissolution
of trust.
19
31. 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 inforce.
32. (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 meetings;
(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;
(ix) the conduct of examinations including the term of office and
appointment of examiners;
Regulations.
Powers of
State
Government.
20
(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 Vice-Chancellor, 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 Vice-Chancellor 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.
33. If any difficulty arises with respect to the establishment of the
University or in connection with the first meeting of any authority of the
Removal of
difficulties at
commencement.
21
University or otherwise in giving effect to the provisions of this Act and the
Regulations, the President of the University may, at any time, before all
authorities of the University have been constituted, by order, make any
appointment or do anything consistent, so far as may be, with the provisions
of this Act and the Regulations, which appear to him necessary or expedient
for the purpose of removing the difficulty and every such order shall have
effect as if such appointment or action had been made or taken in the
manner provided in this Act and the Regulations:
Provided that before making any such order the President may
ascertain and consider the opinion of the Vice-Chancellor and of such
appropriate authority of the University as may have been constituted.
34. Notwithstanding anything contained in this Act,-
(1) the Vice-Chancellor may, with the prior approval of the President
and 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 duties 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;
(2) 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;
(3) 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;
(4) 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
members of the Finance Committee holding office before such
constitution shall cease to hold office;
(5) until the first Regulations of the University are made under this Act,
the existing rules and regulations of the Dharmsinh Desai Institute
Transitory
provisions.
22
of Technology, Nadiad declared as deemed University 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.
35. No suit, prosecution or other legal proceedings shall lie against and
no damages shall be claimed from the University, the Vice-Chancellor, 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.
–––––––––
Indemnity.
About this act
- Jurisdiction
- Gujarat
- Enactment date
- 2005-03-23
- Sections available
- Document reader
India Code, Government of India. Text fetched 11 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.