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E:1tra No. 18 REGISTERED No. G/GNR/2
©
~be <!9ujarat <!9obernment ~a?ette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. XL1XJ TUESDAY, SEPTEMBER 30, 2008/ASVINA 8, 1930
Separate paging is given lD this Part in order that it may be filed as a Separate Compilation.
PART IV
Acts of Gujarat Legislature aod Ordinances promulgal!:d aod
Regulations made by tbe Governor.
The following Act of the Gujarat Legislature, having been assented to by
the Governor on the 291h September, 2008 is hereby published for general
information.
H. D. VYAS,
Secretary to the Government of Gujarat,
Legislative aod Parliamentary Affairs Department
GUJARAT ACT NO. J70F2008.
(First published, after having received the assent of the Governor, in the
"Gtifarat GovernmenJ Gazette" on the 30th September, 2008).
AN ACT
to establish and incorporate a University to be known as the Gujarat Forensic
Sciences University in the State of Gujarat and for matters connected therewith or
incidental thereto.
It is hereby enacted in the Fifty-ninth Year of the Republic of India
as follow-s:-
CHAPTER I
PRELIMINARY
I. (I) This Act may be called the Gujarat Forensic Sciences University
Act, 2008.
(2) It shall come into force on such date as the State Government may,
by notification in the Official Gazelle, appoint.
IV-Ex., 18-1 18· l
Sbort title
and
commencemeuL
18-2 GUJARAT GOVERNMENT GAZETIE, EX,. 30-9-2008 (PART IV
Dermitions 2. In this Act, unless the context otherwise requires, -
Establishment
aad
(i) "Academic Council" means the Academic Council of the University
constituted under section 16;
(ii) "Board" means the Board of Governors of the Uni versify constituted
under section 12;
(iii) "Deans" ·means the Deans of the University appointed under
section 23;
(iv) "Director of Research and Development" means the Director of
Research and Development of the University appointed under
section 20;
(v) "Directors" means the Directors of the Institutes or the centres of the
University appointed under section 22;
(vi) "Director General" means the Director General of the · University
appointed under section 8;
(vii) "Finance Committee" means the Finance Committee of · the
University constituted under section 18;
(viii) "prescribed" means prescribed by the regulations;
(ix) "Registrar" means the Registrar of the University appointed under
section 21;
(x) "Regulations" means the regulations of the University made under
section 35;
(xi) "University" means the Gujarat Forensic Sciences University
established and incorporated under section·3.
3.
CHAPTER Il
UNIVERSITY
(1) There shall be established a University by the name of the "Gujarat
incorporation or Forensic Sciences University".
University.
(2) The Director General, the Board, the Academic Council, the
Directors, Director of Research and Development, 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 "Gujarat Forensic Sciences University".
PART IV] GUJARAT GOVERNMENT GAZE! IE,EX,. 30-9-2008 ·
(3) The University shall be a body corporate by the name as 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 or be sued.
(4) 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.
4. The headquarters of the University shall be at Gandhinagar, Gujarat.
18-3
Headquarters
ofUD.iversity.
s. The University shall be deemed to be established and incorporated for Objects or
(i)
the following objects, namely :-
to develop the knowledge of science, teclmology, providing specially
designed academic training programmes in various technologies
related with forensic science and behavioural science and also
advanced teclmologies of forensic science and behavioural science,
which includes both theoretical ioput and practical training for forensic
and other applications; to generate expertise in advanced technologies
required in investigation and handling of crime cases;
(ii) to create centres and institutions of excellence for imparting State of
the-art education training and research in the fields of forensic science,
behavioural science, teclmology and management;
(iii) to create capabilities for development of knowledge, skills and
competencies at various levels in the field of forensic science;
(iv) to create capabilities for upgrading the infrastructure of global
standards for education, training and research in the areas related to
forensic science, technology, criminology and applied behavioural
science;
(v) to develop patterns of teaching and training at various levels of
educational accomplishment so as to set high standards of education in
University.
University
open to all
irrespective
of sex,
religion, class,
creed or
opinion.
Powers and
functions of
University.
18-4
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GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 [PART lV
science, technology and management in relation to forensic
technologies of various specialties like DNA, Fingerprint, brain
fingerprinting, document and photography, ballistics , cyber crime,
Narco analysis test, etc.
(vi) to function as a leading resource centre for knowledge and
development in the areas of forensic science, behavioural science
related to civil and criminal laws;
(vii) to provide inter-relationship for national and global participation in the
fields of forensic science, behavioural science and technology in
relation to the domain of investigation and detection of crime and
furthering the cause of criminal justice system;
(viii) to establish close linkages with various forensic science laboratories or
institutes and law enforcement authorities to make teaching, training
and research relevant in forensic science;
(ix) such other objects, not inconsistent with the provisions of this Act
which the State Government may, on application by the University, by
notification in the Official Gazette, specify in this behalf.
6. (1) No person shall be excluded from any office of the University
or from membership of any of its authorities, bodies or committees, 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 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 privilege of the University or any
benefaction thereof.
7. Subject to the provisions of this Act, the University shall exercise the
following powers and perfonn the following functions, namely:-
PART IV] GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008
(i) to administer and manage the University and to establish such
institutes and centres for research, education and instructions as are
necessary for the furtherance of the objects of the University;
(ii) to provide for instructions, training a!ld research in such branches of
knowledge or learning pertaining to forensic science, behavioural
science, technology and management in relation to civil and criminal
laws, allied areas, prevention of crimes and rehabilitation of the
victims;
(iii) to conduct innovative experiments in new methods and technologies
in the field of science, technology and management in relation to the
domains of investigation, prevention and detection of crimes and
furthering the cause of criminal justice systems in order to achieve
international standards of such education, training and research;
(iv) to prescribe courses and curricula and provide for flexibility in the
education systems and delivery methodologies including electronic
and distance learning;
(v) to hold examinations and confer degrees, diplomas or grant
cenificates 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, cenificat~s, or other
academic distinctions or titles in the manner as may be prescribed;
(vi) to confer honorary degrees or other distinctions in the manner as
may be prescribed;
(vii) to establish such special centres, specialized study centres or other
units for research and development as are, in the opinion of the
University, necessary for the furtherance oiitS objects;
(viii) to provide for printing, reproduction and publication of research and
other work and to organize exhibitions, workshops, seminars,
conferences, etc.;
(ix) to sponsor and undertake research in all aspects of forensic science,
behavioural science, technology and allied areas in relation to
18-5
18-6
...... ...... - .. ........ .
GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 [PART IV
investigation, detection and prevention of crimes and rehabilitating the
victims of crimes;
(x) to collaborate or associate with 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, srudents 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
experts in the domains of investigation and detection of crimes and
furthering the cause of criminal justice system for achieving the
objects of the University;
(xiii) to regulate the expendirure, manage the finance and to maintain
accounts of the University;
(xiv) to receive grants, subventions, subscriptions, donations and gifts for
the purposes of the University and consistent with the objects for
which the University is established and to enter into any agreement
with the Central Government, the State Government, the University
Grants Commission or other authorities or bodies for receiving any
grants;
(xv) to receive funds from the industries or from any other sources as gifts,
donations, benefactions or bequests and by transfers of movable and
immovable properties for the purposes and objects of the University;
(xvi) to establish, maintain and manage halls and hostels for the residence of
srudents and accommodation for faculties, officers and employees of
the University and the guest houses;
(xvii) 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;
(xviii) to fix, demand and receive or recover fees and such other charges as
may be prescribed;
PART IV] GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008
(xix) to institute and award fellowships, scholarships, prizes, medals and
other awards;
(xx) to purchase or to take on lease any land or building or works which
may be necessary or convenient for the purpose of the University on
such terms and conditions as it may think fit and proper and to
construct, alter and maintain any such buildings or works;
l ( .) , . XXl 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, consistent with the interest, activities and objects of
the University after taking prior permission of the State Government;
(xxii) to draw and accept, to make and endorse, to discount and negotiate
Govenunent promissory notes and other promissory notes, bills of
exchange, cheques or other negotiable instruments;
(xxiii) to raise and borrow moneys on bonds, 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
moneys, to repay and redeem any money borrowed after taking prior
permission of the State Government;
(xxiv) 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 in the interest of University;
(xxv) to execute conveyances regarding transfers, mortgages, leases,
licenses, agreements and other conveyance in respect of the property,
movable or immovable including Government securities belonging to
the University or to be acquired for the purpose of the University after
taking prior permission of the State Government;
(xxvi) to admit the students for the courses offered by the University in the
prescribed manner;
I 8-7
Director
General
18-8 GUJARAT GOVERNMENT GAZElTE, EX,. 30-9-2008 [PART IV
(xxvii) to create academic, technical. administrative, ministerial and other
posts and to make appointments thereto;
(xxviii) to regulate and enforce discipline among the employees of the
University and to provide for such disciplinary meru.ures as may be
prescribed;
(xxix) to institute professorships, associate professorships, assistant
professorships. readerships, lectureships. endowed professorship,
honorary professorships, adjunct professorships. emeritus professors
and any other teaching, academic or research posts and to prescribe
qualifications for them;
(xxx) to appoint persons as Directors, Director of Research and
Development, Deans, Professors, Associate Professors, Assistant
Professors, Readers, Lecturers, Adjunct Professors, Registrar, or
otherwise as teachers and researchers of the University;
(xxxi) subject to the provisions of this Act and the 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 power so delegated shall
continue to rest in the officer or authority delegating them;
(xxxii) 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.
8. (\)The Director General of the University shall be appointed by the
State Government.
(2) The person to be appointed as the Director General shall,-
(i) be a renovmed Forensic Scientist,
(ii) be associated with Gujarat and worked in the State in terms of
development, education, philanthropy, industrial or business
development or exemplary administration in the State
Services, Corporations or public bodies,
PART IV] GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 18-9
(iii) not have attained the age of sixty-five years on the date of
nomination or re-nomination.
(3) The Director General shall hold office for a period of three years and
shall be eligible for re-appointment for a further period of three years.
( 4) The other terms and conditions of the Director General shall be such as
may be determined by the State Government.
(S) The Director General may resign from his office by writing under hi_s
hand addressed to the State Government and such a resignation shall take
effect from the date of acceptance by the State Government
9. (1) The Director General shall have, subject to the provisions of Powers and
duties of
this Act, power to cause an inspection or review to be made by such person or Director
Genernl.
persons as he may direct, of the University, its buildings, hostels, 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 com1ected with the
administration, academic affairs and finance of the University.
(2) Without prejudice to tbe generality of the foregoing provisions, the
Director General shall -
(i) be the chief executive and academic officer of the University. He shall
preside over the meetings of the . Board, Academic Council and the
Finance Committee;
(ii) ensure implementation of the decisions of the authorities of the
University;
(iii) be responsible for imparting of instructions 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 State Government..
18-10 GUJARAT GOVERNMENT GAZEITE, EX,. 30-9-2008 [PART IV
(3) Where any matter is of urgent nature requiring immediate action and
the same cannot be immediately dealt with by the authority or body of the
University empowered under this Act to deal with it, the Director General
may take such action as he may deem fit and shall forthwith report the action
so taken by him to the authority or body of the University who or which, in the
ordinary course, would have dealt \Vith the matter:
Provided that if such authority or other body is of the opinion that such
action ought not to have been taken by the Director General, it may refer the
matter to the Board which may either confirm the action taken by the Director
General or annul the same or modify it in such manner as it thinks fit, and
thereupon the action shall cease to have effects or, as the case may be, shall
take effect in such modified fonn so however such modification or annulment
shall be without prejudice to the validity of anything previously done by or
under the order of the Director General.
(4) Where the exercise of the power by the Director General under sub
section (3) involves the appointment of any person, such appointment shall be
confomed 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 order of the Director General,
otherwise such appointment shall cease to have effect on the expiration of a
period of six months from the date of order of the Director General.
CHAPTER ID
AUTHORITIES AND OFFICERS OF UNIVERSITY
Authorities IO. The following shall be the authorities of the University, namely:-
of
Uoivenity. (i) the Board of Governors;
(ii) the A~demic Council; ·
(iii) the Finance Committee; and
(iv) such other authorities as may be declared by regulations to be
the authorities of the University.
- --·-··- ._.. .......... ...
PART IV) GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 18-11
11.
12.
The following shall be the officers oft.'le University, namely:-
(i) The Director General,
(ii) The Director of Research and Development,
(iii) The Directors,
(iv) The Deans,
(v) The Registrar, and
(vi) such other persons in the service of the University as may be
declared by regulations, to be the officers of the University.
(I) The Board of Governors of the University shall consist of the
following members, namely;-
(i) the Director General, who shall be the Chairman of the Board;
(ii) the Director of Research and Development;
(iii) one Director of the University, by rotation, to be nominated by
the Director General;
(iv) one Police Officer, not below the rank of Additional Director
General of Police, to be nominated by the State Government;
(v) the Registrar General of the High Court of Gujarat;
(vi) an officer of the Home Department, not below the rank of the
Secretary to Government, to be nominated by the State
Government;
(vii) an officer of the Education Department, not below the rank of
the Secretary to Government, to be nominated by the State
Government;
(viii) three academicians or professionals in the field of forensic
science, to be nominated by the State Government.
(2) The Registrar shall be the Secretary of the Board.
13. (I) The Chainnan shall preside at the meetings of the Board and at
the convocation of the University.
(2) The Chairman shall exercise such other powers and perform such other
functions as may be assigned to him by or under this Act or the regulations.
Officers of
University.
Board of
Governors.
Powers of
Chairman
of Board.
Powers and
functions of
Board.
18-12 GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 [PART IV
14. (1) Subject to the provisions of tr.is Act, the Board shall be
responsible for the general superintendence, direction and the control of affairs
of rhe University and shall exercise all the powers of the University, and shall
have the power to review the acrs of the Academic Council and the Finance
Committee and other committees or authorities of the University.
(2) Without prejudice 10 the provisions of sub-section (I ),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 budget of the
University for every financial ye;ir;
(v) to invest moneys and funds of the University and to take decision on
the recommendations of the Finance Committee;
(vi) ro publish or finance the publication of studies, treaties, books,
periodicals, reports and other literature from time to time and to sell or
arrange for the sale as it may deem fit;
(vii) to create or abolish posts of teachers and officers and employees of the
university;
(viii) to appoint such committees as it considers necessary for the exercise of
its powers and performance of its duties under this Act;
(ix) to appoint Directors of the University;
(x) to delegate any of its power to the Directors, Deans, Registrar or any
other officer, employee or any authority of the University or to a
committee appointed by it; and
(xi) to exercise such other powers and perform such other functions as may
be conferred or imposed upon it by or under this Act or the regulations,
and.such other powers for achieving the objects of the University.
PART TV] GUJARAT GOVERNMENT GAZETIE, EX,. 30-9-2008 18-13
IS. (I) Save as ot11erwise provided in this section, the term of a Term of
office and
nominated member of the Board under clauses (iii) and (viii) of sub-section
(I) of section 12 shall be three years from the date of his nomination.
(2) A member shall be eligible for re-nomination for the next term.
(3) A member nominated under clause (viii) of sub-section (1) of section
12 may resign from his office by wTiting under his hand addressed to the
Chairman and his resignation shall take effect from the date it is accepted by
the Chairman.
16. (1) The Academic Council of the University shall consist of the
following members, namely :-
(i) Tbe Director General, who shall be the Chairman of the Academic
Council;
(ii) Two academicians or professionals, to be nominated by the Board;
(iii) Two academicians or professionals in the field of forensic science, to
be nomjnated by the Board;
(iv) The Director of Research and Development;
(v) The Directors of the University;
(vi) One professor from each discipline of the University, by rotation, to be
nominated by the Director General.
(2) The Registrar shall be the Secretary of the Council.
(3) The term of office of the members nominated under clauses (ii), (iii)
and (vi) of sub-section (l) shall be three years.
17. Subject to the provisions of this Act and the regulations, the Academic
Council of the University shall exercise the following powers and perform
following functions, namely:-
(i) to exercise control over the academic policies of the University and
be responsible for the maintenance and improvement of standards of
instruction, education and evaluation in ~e University;
vacancies
among
members of
"&ard.
Academic
CounciL
Powers and
functions of
Academic
Council.
18-14
. .... . .. ·· -- -
GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 [PART IV
. (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:
(iii) to recommend to the Board, such regulations as are consistent with
this Act regarding the academic functioning of the University
including discipiine 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.
Finance 18. (!) The Finance Committee shall consist of the following members,
Committee
Powers and
functions of
Finance
Committee.
namely:-
(i) The Director General, who shall be the Chairman of the
Committee;
(ii) The Director of Research and Development;
(iii) · Two members of the Board (one of them shall be a
Government nominee on the Board) to be nominated by the
Board.
(iv) The Directors of the University;
(v) one expert in the field of finance, to be nominated by the
Board;
(vi) one professor, by rotation, to be nominated by the Board.
(2) The Registrar shall be the Secretary of the Committee.
(3) The term of office of the members nominated under clauses (v) and
(vi) shall be three years.
19. 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 to advise the Board thereon;
(ii) to review from time to time the financial position of the University;
(iii) to make recommendations to the Board on all financial policy matters
of the University;
PART iV) GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 18-15
(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 Lile budget
needs to be incurre<l;
(vii) to examine all proposals relating to the revision of pay-scales,
upgradation of the scales and those items which are not included in the
budget prior to placing 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.
20. ( 1) · The Director of Research and Development shall be appointed
by the Director General with the approval of the Board.
(2) He shall be a renowned researcher having out-standing published
research work in reputed National or International Journals and under whom at
least ten candidates should have obtained the doctorate degree.
(3) The qualifications and other terms and conditions of the Director of
Research and Development shall be such as may be prescribed by the
regulations.
( 4) He shall assist the Director General in managing the research and
development related academic, administrative and other affairs of the institute.
(5) He shall exercise such other powers and perform such other functions
as may be prescribed or entrusted to him by the Director General.
Director of
I«search ·
and
Development
21. (!) The Registrar shall be appointed by the University in such Registrar.
' manner and on such terms and conditions as may be prescribed.
(2) The Registrar shall exercise the following powers and perform
following duties, namely:-
.. . . .. ... . - .. .. . . .... . ...
18-16 GUJARAT GOVERNMENT GAZETIE, EX,. 30-9-2008 [PART IV
(i) he shall be responsible for the custody of records. common seal, the
fonds of the University and such other property of the University;
(ii) be 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 General for the proper
discharge of his functions;
(iv) he shall be responsible for the administration 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) be 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 General.
Directors. 22. ( 1) The Directors of the institutes shall be appointed by the Director
General witl:i the approval of the Board in such manner and on such terms and
conditions as may be prescribed.
(2) The Directors shall assist the Director General in managing the
academic, administrative and other affairs of the institutes and shall exercise
such powers and perform such functions as may be prescribed or entrusted to
them by the Director General.
Deans. 23. (I) The Deans shall be appointed by the Director General from
amongst the faculties of the University.
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PART IV] GUJARAT GOVERNMENT GAZEITE, EX,. 30-9-2008 18-17
(2) The Deans shall assist the Director General and respective Directors of
the institutes or centres in managing the academic and other affairs of the
University and shall exercise such powers and perform such functions as may
be prescribed or entrusted to them by the Director General and the Director.
CHAPTER IV
FINANCE
24. The State Government shall place funds at the disposal of the
University to be called the Permanent Endowment Fund of sum of five crores
of rupees or such sum, required for meeting the fuli operational expenditure of
the University, whichever is more, for a period of five years in the form of
long term interest bearing securities issued or guaranteed by the Central
Government or the State Government.
-25. The Government shall pay to the University from time to time such
sums of money and in such manner as may be considered necessary for the
exercise of powers and discharge of its functions by the University by or under
this Act.
26. (!) The University shall establish a fund to be called the
'University Fund' consisting of-
(i) any contribution or grants or loans by the State Government and the
Central Government;
(ii) the income of the University from all sources including income from
fees and charges;
(iii) the moneys received by the University by way of grants, loans, gifts,
donations, benefactions, bequests or transfer endowments and other
grants, if any;
(iv) the moneys received by the University from the collaborating
industries in terms of the provisions of the Memorandum of
Understanding entered between the University and the industry, for
establishment of sponsored chairs, fellowships or infrastructure
facilities of the University; and
Permanent
Endowment
Fund or
University.
Payment by
State
Government
to University.
Fund or
University.
Accounts
and audit
18-18 GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 [PART IV
(v) the moneys received by tbe University in any other manner or from
any other source.
(2) All funds of the University shall be deposited in such banks or invested
m such manner as the Board may decide on the recommendation of the
Finance Comminee.
(3) The funds of the University sball be applied towards the expenses of
the University including expenses incurred in the exercise of its powers and
discharge of its functions by or under this Act.
27. (I) The University shall maintain proper accounts and other
relevant 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.
(2) The University shall adopt a proper system of internal checks and
balances and control in the discharge of its financial, accounting and auditing
functions as may be prescribed by the Regulations.
(3) The accounts of the University shall be audited every year by an
auditor, who shall be a Chartered Accountant as defined in the Chartered
Accountants Act, 1949 or a firm of Chartered Accountants, to be appointed by
the Board.
(4) The accounts of the University certified by the person or fitm 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 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 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.
38of
1949.
19of
1925.
PART IV] GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 18-19
(6) The University shall prepare for each year an annual report of its
activities of the previous year containing such particulars as the Board may
specify and submit the 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 with the
resolution of the Board thereon shall be submitted to the State Government.
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 esrablishment
and support of the associations, institutions, funds, trust and conveyance
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 Provident Fund.
CHAPTER IV
SUPPLEMENT ARY PROVISIONS
29. 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 committee of the University.
30. Not withstanding anything contained in any other State law for the
time being in force, the University shall have powers to confer degrees,
diplomas and grant certificates and confer honorary degrees and other
academic distinctions and titles as approved by the Board.
Pension,
insurance
aod
Provident
Fund.
Acts and
proceedings
nottobe
invalidated
by vacaocies.
Confermeat or
degrees,
diplomas aod
gnntof
catilicates by
University.
31. The University shall furnish to the State Government, University Returns and
Grants Commission and other statutory authorities, such reports, returns,
statements and other information as may be required by them from time to
time.
information.
] 8-20 GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 [PART IV
O!facers and
employees to
bepublk
scrvanL
Dismissal,
removal,
reduction or
termination of
services or staff
of University.
Power or State
Government
to give
directions.
Power to
make
32. Every officer, teacher and employee of the University shall be deemed
to be a public servant within the meaning of section 21 of the Indian Penal
Code.
Explanation.- - For the purpose if 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 fees for any work
done from the University fund, shall be deemed to be an officer or employee
of the University while he is perfonning the duties and functions connected
with such appointment or work.
33. (1) No officers or employees or members of the teaching, non-teaching
and other academic staIT of the University shall be dismissed or removed or
reduced in rank except after an inquiry in which be bas been informed of the ,
charges against him and given a reasonable opportunity 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 v..ithin ninety days from the date of communication of such order and
the decision of the Director General in such appeal shall be final.
34. The State Government shall have powers to issue directions from time
to time as may be required for compliance of the provisions of this Act, the
regulation made thereunder and any other law for the time being in force and
the University shall be bound to comply with such direction.
(1) Subject to the provisions of this Act, the Board shall have in
regulations. 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:-
45 ofl860.
PART IV] GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 18-21
(i) the summoning and holding of meetings of the authorities of the
University, other than the first meeting of tbe Board and the quomm and
conduct of business at such meeting;
(ii) the powers and functions to be exercised and discharged by the
Director General;
(iii) the constitution, powers and duties of ihe authorities, bodies and other
committees of the University, the qualifications and disqualifications for
membership of such authorities, terms of office of the membership,
appointment and removal of member thereof and other matters co1U1ected
therewith;
(iv) 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 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 degree, 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 ;
(x) the creation of posts of Directors, Professors, Associate Professors,
Assistant Professors, Readers, Lectures or equivalent academic designations or
posts, officers and employees of the University, and the appointment of
persons to such posts including the requisite qualifications thereof;
(xi) the fees and other charges to be paid to the University for the courses,
training, facilities and services provided by it;
(xii) the manner and conditions for constitution of insurance, pension and
provident funds and such other schemes for the benefits of officers, teachers
and employees of tl1e University;
. " ... ,
' ---
Appointment
of First
Registrar.
Transitory
provisions.
18-22 GUJARAT GOVERNMENT GAZETIE, EX,. 30-9-2008 [PART IV
(xiii) the terms and conditions 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 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 and
allowances, contractual services, rules of discipline and other conditions of
service of the Director 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 the Director of Research and Development,
Directors and other officers, teachers and employees of the University;
(xx) the terms and conditions governing fellowships, scholarships,
stipends, medals and prizes;
(xxi) the authentication of the orders and the decisions of the Board;
(xxii) the matters relating to hostels and halls of residence and housing for
faculties, officers and employees and guest house including disciplinary
control therein; and
(xxiii) all matters which by this Act are to be or may be prescribed.
36. Notwithstanding anything contained in section 20, the first Registrar
shall be appointed by the State Government as soon as practicable after the
commencement of the Act for a period not exceeding three years and on such
conditions as the State Government thinks fit.
37. Notwithstanding anything contained in this Act, the Director General
may, with the prior approval of the Board and subject to availability of the fimds,
discharge all or any of the fimctions of the University for the purpose of carrying
-·-=------....... ~=,,,... ....... ~~------
PART JV) GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 18-23
out the pro"isions of this Act and the regulations and for that purpose, may
exercise any power or perform any duty which by or under this Act and
regulations are 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 and the Regulations.
38. No suit, prosecution or other legal proceedings shall lie against and no Indemnity.
damage shall be claimed from the University, the Director General, the
Directors, the authorities or officers or employees 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 regulations made thereunder.
39. (l) 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 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 rwo 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.
Government Central Press, Gandhinagar.
Power or
State
Government
lo remove
difficnlties.
\
About this act
- Jurisdiction
- Gujarat
- Enactment date
- 2008-09-30
- Sections available
- Document reader
India Code, Government of India. Text fetched 13 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.