registered no. g/gnr/2

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Vol. XLIV] WEDNESDAY, MARCH 12, 2003/PHALGUNA 21, 1924 Separate paging is given to this Part in order that it may be filed as a Separate Compilation. P A R T – IV Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor. The following Act of the Gujarat Legislature, having been assented to by the Governor on the 11th March, 2003 is hereby published for general information. V. M. KOTHARE, Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department. * GUJARAT ACT NO. 10 OF 2003 (First published, after having received the assent of the Governor in the “Gujarat Government Gazette”, on the 12th March, 2003). AN ACT to provide for the establishment of the Nirma University, Ahmedabad, 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-fourth Year of the Republic of India as follows:- 1. (1) This Act may be called the Nirma University Act. Short title and commencement (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. The provisions shown in bold letters are amended vide Gujarat Act No. 5 of 2009, published vide GoG Gazette dated 7.7.2009 and notified vide Noti No. NU- 266 & 267 dated 14.10.2009, BoG Mtg. Dated - 29.09.09, Reso. - 8 & 9 - 1 - /srv/doc2pdf/var/files/upload_61b19062647713fd2915dbbe4452df3b.doc REGISTERED NO. G/GNR/2

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Page 1: REGISTERED NO. G/GNR/2

Vol. XLIV] WEDNESDAY, MARCH 12, 2003/PHALGUNA 21, 1924

Separate paging is given to this Part in order that itmay be filed as a Separate Compilation.

P A R T – IVActs of the Gujarat Legislature and Ordinances promulgated and Regulations made by

the Governor.

The following Act of the Gujarat Legislature, having been assented to by theGovernor on the 11th March, 2003 is hereby published for general information.

V. M. KOTHARE,Secretary to the Government of Gujarat,

Legislative and Parliamentary Affairs Department.

* GUJARAT ACT NO. 10 OF 2003

(First published, after having received the assent of the Governor in the “GujaratGovernment Gazette”, on the 12th March, 2003).

AN ACT

to provide for the establishment of the Nirma University, Ahmedabad,Gujarat by Law and to confer the status

of a University thereon and for matters connected therewith orincidental thereto.

It is hereby enacted in the Fifty-fourth Year of the Republic of India as follows:-

1. (1) This Act may be called the Nirma University Act. Short title andcommencement

(2) It shall come into force on such date as the StateGovernment may, by notification in the Official Gazette,appoint.

The provisions shown in bold letters are amended vide Gujarat Act No. 5 of 2009, published vide GoG Gazette dated 7.7.2009 and notified vide Noti No. NU- 266 & 267 dated 14.10.2009, BoG Mtg. Dated - 29.09.09, Reso. - 8 & 9

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Definitions 2. In this Act, unless the context otherwise requires,

(a) “Academic Council” means the Academic Council ofthe University constituted under section 14;

(b) “Board” means the Board of Governors of theUniversity constituted under section 10;

(c) “Chairman” means the Chairman of the Boardappointed under section 11;

(d) “Deans” mean the Deans of the University appointedunder section 21;

(e) “Director General” means the Director Generalof the University appointed under section 18;

(f) “Executive Registrar” means Executive Registrar ofthe University appointed under section 20;

(g) “Finance Committee” means Finance Committee ofthe University constituted under section 16;

(h) “Foundation” means the Nirma Education andResearch Foundation, Ahmedabad;

(i) “Patron Trustee” means the Patron Trustee of theNirma Education and Research Foundation,Ahmedabad;

(j) “President” means the President of the Universityappointed under section 7;

(k) “prescribed” means prescribed by the regulations;

(l) “Regulations” means the Regulations of theUniversity made under section 32;

(m) “Society” means the Nirma Education and ResearchFoundation, Ahmedabad, a society registered underthe Societies Registration Act, 1860;

XXI of 1860.

(n) “Trust” means the Nirma Education and ResearchFoundation, Ahmedabad registered under the SocietiesRegistration Act, 1860 and the Bombay Public TrustAct, 1950

XXI of 1860.Bom. 29 of

1950.

(o) “University” means the Nirma University,Ahmedabad, Gujarat, a University established undersection 3.

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3. (1) There shall be established a University bythe name of “The Nirma University,Ahmedabad, Gujarat”.

Establis-hmentand incorpora-tion of the University

(2) The President, the Board, the AcademicCouncil, the Director General, theDean, the Executive Registrar and allother persons who may hereafter becomesuch officers or members so long as theycontinue to hold such office ormembership, are hereby constitute abody corporate by “The NirmaUniversity, Ahmedabad, Gujarat”.

(3) The University shall function as a non-affiliating University established under thisAct and it shall not affiliate any othercollege or Institute for the awardconferment of degree, diploma andcertificate of its degree to the studentsadmitted therein.

(4) The University shall not have any grant inaid or other financial assistance from theCentral Government, any StateGovernment, University GrantsCommission, All India Council ForTechnical Education or any otherauthority or institutions of the CentralGovernment or any State Government.

(5) The University shall be a body corporateby the name aforesaid, having perpetualsuccession and common seal with power,subject to the provisions of this Act, toacquire and hold property, to contractand shall, by the said name, sue and besued.

(6) In all suits and other legal proceedings byor against the University, the pleadingsshall be signed and verified by theExecutive Registrar and all processes insuch suits and proceedings shall be issuedto, and served on, the ExecutiveRegistrar.

(7) The headquarters of the University shallbe at Ahmedabad, Gujarat.

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Objects of the University

4. The objects of the University shall be to developthe knowledge of science and technology,dental, medical, paramedical,physiotherapy, pharmacy, commerce,management, education and humanities forthe advancement of mankind. The objects of theUniversity shall be as follows, namely:-

(i) to disseminate, create and preserveknowledge and understanding by teachingresearch, training and extension activitiesby effective demonstration and influence ofits corporate life on society in general;

(ii) to create centres of excellence forproviding knowledge, education, trainingand research facilities of high order in thefield of science, technical, dental,medical, paramedical, physiotherapy,pharmacy, commerce, management,education and humanities and otherrelated professional education as per itscurrent status and such other manner asmay develop in future, including continuingeducation and distance learning;

(iii) to develop patterns of teaching a Certificate orDiploma courses, Undergraduate,Postgraduate courses and Doctoral level andto maintain a high standard of education andits applications; to create capabilities forupgrading science and technology, dental,medical, paramedical, physiotherapy,pharmacy, commerce, management,education and humanities;

(iv) to develop training facilities and to makearrangements for training in highereducation including professional education andallied fields; to provide for inter-relationshipsfor national and global participation in the fieldof science and technology, dental, medical,paramedical, physiotherapy, pharmacy,commerce, management, education,humanities and its allied fields;

(v) to function as a learning resource centre;

(vi) to provide for arrangement for national andglobal participation in the field of higherand professional education including

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technical education, dental, medical,paramedical, physiotherapy,pharmacy, commerce, management,education, humanities; and

(vii) to establish close linkage with the industryto make teaching, research and training atthe university relevant to the needs of theeconomy, at national and global level.

5 (1) No person shall be excluded from anyoffice of the University or frommembership of any of its authorities orfrom admission to any degree, diploma orother academic distinction or course ofstudy on the sole ground of sex, race,creed, caste, class, place of birth,religious belief or political or otheropinion.

University open to all irrespective ofsex, religion class, creed oropinion

(2) It shall not be lawful for the University toimpose on any person any test whatsoeverrelating to sex, race, creed, caste, class,place of birth, religious belief or professionof political or other opinion in order toentitle him to be admitted as a teacher or astudent or to hold any office or post in theUniversity or to quality for any degree,diploma or other academic distinction or toenjoy or exercise any privileges of theUniversity or any benefaction thereof.

6 Subject to the provisions of this Act, the Universityshall exercise the following powers and perform thefollowing functions, namely;-

Powers and functions of University

(i) to administer and manage the Universityand such centres for research, educationand instruction as are necessary for thefurtherance of the objects of theUniversity;

(ii) to provide for instruction, training,research, advancement anddissemination in such branches ofknowledge or learning pertaining toscience and technology, dental,medical, paramedical,physiotherapy, pharmacy,commerce, management,education, humanities and alliedareas;

(iii) to conduct innovative experiments in

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new teaching and learning methodsand technologies in the field of scienceand technology, dental, medical,paramedical, physiotherapy,pharmacy, commerce,management, education,humanities and allied areas inorder to achieve internationalstandards of such education, trainingand research;

(iv) to prescribe courses and curricula andprovide for flexibility in the educationsystem and delivery methodologiesincluding electronic and distancelearning;

(v) to hold examinations throughelectronic mode also and conferdegrees, diplomas or grant certificates,and other academic distinctions ortitles on persons subject to suchconditions as the University maydetermine, and to withdraw or cancelany such degrees, diplomas,certificates, or other academicdistinctions or titles in the mannerprescribed by the Regulations;

(vi) to confer honorary degrees or otherdistinctions in the manner prescribedby the Regulations;

(vii) to establish such special centers,specialized study centers or other unitsfor research and instruction as are, inthe opinion of the University, necessaryfor the furtherance of its objects;

(viii) to provide for printing, reproductionand publication of research and otherworks and to organize exhibitions;

(ix) to sponsor and undertake research inall aspects of science and technology,dental, medical, paramedical,physiotherapy, pharmacy,commerce, management,education, humanities and alliedareas;

(x) to collaborate or associate with, advise,

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administer, control, develop, maintain,or take over by way of merger orotherwise, any educational institutionwith like or similar objects;

(xi) to develop and maintain linkages witheducational or other institutions in anypart of the world having objects whollyor partially similar to those of theUniversity, through exchange ofteachers and scholars, and generally insuch manner as may be conducive totheir common objects;

(xii) to develop and maintain relationshipswith teachers, researchers, and domainexperts in science and technology,dental, medical, paramedical,physiotherapy, pharmacy,commerce, management,education, humanities and alliedareas in any part of the world forachieving the objects of the University;

(xiii) to regulate the expenditure and tomanage the finances and to maintainaccounts of the University;

(xiv) to receive funds from industry, nationaland international organizations or anyother source as gifts, donations,benefactions, bequests and bytransfers of movable and immovableproperties, for the purposes andobjects of the University;

(xv) to establish, maintain and manage hallsand hostels for the residence ofstudents;

(xvi) to supervise and control the residenceand regulate the discipline of studentsof the University and to makearrangements for promoting theirhealth and general welfare and culturalactivities;

(xvii) to fix, demand and receive or recoverfees and such other charges as may beprescribed by the Regulations;

(xviii) to institute and award fellowships,

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scholarships, prizes, medals and otherawards;

(xix) to purchase or to take on lease oraccept as gifts or otherwise any land orbuilding or works which may benecessary or convenient for thepurpose of the University and on suchterms and conditions as it may think fitand proper and to construct or alterand maintain any such building orworks;

(xx) to sell, exchange, lease or otherwisedispose of all or any portion of theproperties of the University, movable orimmovable, on such terms as it maythink fit and consistent with theinterest, activities and objects of of theUniversity;

(xxi) to draw and accept, to make andendorse, to discount and negotiate,Government of India and otherpromissory notes, bills of exchange,cheques or other negotiableinstruments;

(xxii) to raise and borrow money on bond,mortgages, promissory notes or otherobligations or securities founded orbased upon all or any of the propertiesand assets of the University or withoutany securities and upon such terms andconditions as it may think fir and to payout of the funds of the University, allexpenses incidental to the raising ofmoney, and to repay and redeem anymoney borrowed;

(xxiii) to invest the funds of the University inor upon such securities and transposeany investment from time to time insuch manner as it may deem fit;

(xxiv) to execute conveyances regardingtransfers, mortgages, leases, licenses,agreements and other conveyances inrespect of property, movable orimmovable including Governmentsecurities belonging to the University orto be acquired for the purpose of the

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University;

(xxv) to admit the students for the coursesoffered by the University in the mannerprescribed by the Regulations;

(xxvi) to create academic, technical,administrative, ministerial and otherposts and to make appointmentsthereto;

(xxvii) to regulate and enforce disciplineamong the employees of the Universityand to provide for such disciplinarymeasures as may be prescribed by theRegulations;

(xxviii) to institute professorship, associateprofessorship, assistant professorship,readerships, lecturer ships, and anyother teaching, academic or researchposts and to prescribe qualifications forthem;

(xxix) to appoint persons as professors,associate professors, assistantprofessors, readers, lecturers orotherwise as teachers and researchersof the University;

(xxx) subject to the provisions of this Act andregulations, any officer or authority ofthe University may, by order, delegatehis or its powers except the power tomake regulations to any other officer orauthority under his or its control andsubject to the condition that the ultimateresponsibility for the exercise of thepower so delegated shall continue to vestin the officer or authority delegatingthem;

(xxxi) to do all such other acts and things asthe University may consider necessary,conducive or incidental to the attainmentor enlargement of all or any of theobjects of the University.

President 7. (1) The Patron Trustee of the NirmaEducation and Research Foundation,Ahmedabad shall be the President of theUniversity for life at his pleasure. He mayat his pleasure designate any other

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permanent Trustee of the Trust to be thePresident of the University.

(2) The President shall have, subject to theprovisions of this Act, power to cause aninspection or review to be made by suchperson or persons as he may direct, ofthe University, its buildings, libraries,equipments and systems and processesand of any institution or centremaintained by the University, and also ofthe examinations, teaching, research andother work conducted or done by theUniversity and to cause an inquiry to bemade in like manner in respect of anymatter connected with the administrationand finances of the University.

Authorities ofUniversity

8. The following shall be the authorities of theUniversity, namely:-

(a) the Board;(b) the Academic Council;(c) the Finance Committee; and(d) such other authorities as may be declared

by the Regulations to be authorities of theUniversity

Officers ofUniversity

9. The following shall be the officers of the University,namely:-

(a) the Director General,(b) the Deans,(c) the Executive Registrar, and(d) such other persons as may be declared

by the Regulations to be officers of theUniversity

Board ofGovernors

10. (1) The Board of Governors of theUniversity shall consist of the followingmembers, namely:-

(i) The President shall be the Chairman ofthe Board;

(ii) Two representatives of the Trust;(iii) Director General of the University;(iv) Two Deans of the University, by

rotation, to be nominated by theDirector General;

(v) Secretary to Government (Higher andTechnical Education), EducationDepartment, Government of Gujarat;

(vi) Three experts academicians to be

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nominated by the President;(vii) Three experts representing other

disciplines such as finance, legal,management, humanities to benominated by the President; and

(viii) Two representatives of the Industriesto be nominated by the President.

(2) The Executive Registrar shall be theSecretary of the Board.

11. (1) The Chairman shall preside over at themeetings of the Board and at theconvocations of the University.

Chairman of Board

(2) The Chairman shall exercise such otherpowers and perform such other dutiesas may be assigned to him by this Actor the Regulations.

12. (1) Subject to the provisions of this Act,the Board shall be responsible for thegeneral superintendence, direction andcontrol of the affairs of the Universityand shall exercise all the powers of theUniversity, and shall have the power toreview the acts of the Academic Counciland the Finance Committee.

Powers and functions of Board

(2) Without prejudice to the provisions ofsub-section (1) the Board shall havethe following powers and functions,namely:-

(i) to take decisions on question of policyrelating to the administration andworking of the University;

(ii) to institute courses of study at theUniversity;

(iii) to make Regulations;(iv) to consider and approve the annual

report and the annual accounts of theUniversity for every financial year;

(v) to invest monies and funds of theUniversity and take decisions on therecommendations of the FinanceCommittee;

(vi) to publish or finance the publications ofstudies, treaties, books, periodicals,reports and other literature and to sellor arrange for the sale as it may deemfit from time to time;

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(vii) to create or abolish posts of teachersand other employees of the University;

(viii) to appoint such committees as itconsiders necessary for the exercise ofits powers and the performance of itsduties under this Act;

(ix) to delegate any of its powers to theDirector General, Deans, ExecutiveRegistrar, or any other officer,employee or authority of the Universityor to a committee appointed by it; and

(x) to exercise such other powers andperform such other functions as maybe conferred or imposed upon it by thisAct or Regulations and all such otherpowers for achieving the objects of theUniversity.

13. (1) Save as otherwise provided in thissection, ‘the term of’ nominatedmembers of the Board shall be threeyears from the date of nomination;

(2) an ex-officio member shall continue solong as he holds the office by virtue ofwhich he is such member;

(3) any vacancy in the Board occurringbefore the next reconstitution or beforethe expiry of the prescribed period shallbe filled by nomination of anotherperson by the President;

(4) a members nominated under sub-section (3) shall continue for theremainder of the term of a members inwhose place he is nominated;

(5) an outgoing members shall be eligiblefor re-nomination for the next term;

(6) a members may resign his office bywriting under his hand addressed tothe President but he shall continue inoffice until his resignation has beenaccepted by the President.

14. (1) The Academic Council of the Universityshall consist of the following members,namely:-

Academic Council

(i) the Director General of the

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University, ex-officio, who shall be theChairman of the Academic Council;

(ii) two academicians or professionals, tobe nominated by the Board;

(iii) two external academicians orprofessionals in the area of science andtechnology, to be nominated by theDirector General;

(iv) all Deans of the University;(v) one Professor from each discipline of

the University, by rotation to benominated by the Director General;and

(vi) the Executive Registrar who shall bethe non-member Secretary of theCouncil

(2) the term of office of the membersother than the ex-officio member shallbe three years

15. Subject to the provisions of this Act, and theRegulations, the Academic Council of the Universityshall have the following powers, namely:-

Powers of Academic Council

(i) to exercise control and generalregulation over the academic policies ofthe University and be responsible for themaintenance and improvement ofstandards of instruction, education andevaluation in the University;

(ii) to consider matters of general academicinterest either on its own initiative or ona reference from the Faculty of theUniversity or the Board and to takeappropriate action thereon;

(iii) to recommend to the Board suchRegulations as are consistent with thisAct regarding the academic functioningof the University including discipline ofstudents; and

(iv) to exercise such other powers andperform such other duties as may beconferred or imposed upon it by theRegulations.

Finance Committee

16. (1) The Finance Committee shall consist ofthe following members, namely:-

(i) the Director General of the Universityex-officio shall be the Chairman of the

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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 DirectorGeneral;

(iv) one expert to be nominated by thePresident; and

(v) the Executive Registrar shall be thenon-member Secretary of theCommittee.

(2) The term of office of the membersother than the ex-officio member shallbe three years.

Powers andfunctions ofthe FinanceCommittee

17. Subject to the other provisions of thisAct, the Finance Committee shallexercise the following powers andperform the following functions,namely:-

(i) to examine the annual accounts andannual budget estimates of theUniversity and advise the Boardthereon;

(ii) to review the financial position of theUniversity from time to time;

(iii) to make recommendations to the Boardon a special policy matters of theUniversity;

(iv) to make recommendations to theBoard on all proposals involvingraising of funds, receipts andexpenditure;

(v) to provide guidelines for investmentof surplus funds;

(vi) to make recommendations to theBoard on all proposals involvingexpenditure for which no provisionhas been made in the budget or forwhich expenditure in excess of theamount provided in the budget hasbeen incurred;

(vii) to examine all proposals relating torevision of scale, up gradation of thescale and those items which are not

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included in the budget before theyare placed before the Board;

(viii) to exercise such other powers andperform such other functions as maybe conferred or imposed upon it bythe Regulations.

18. (a) The Director General shall beappointed by the Board out of thepanel of names recommended fromtime to time by the Committeeconsisting of the following members,namely:-

Director General

(i) an eminent technologist to benominated by the President;

(ii) an eminent educationist to benominated by the President;and

(iii) one member of the Board to benominated by the President.

(b) The President shall designate onemember as the Chairman of theCommittee.

(c) The term of the office of theDirector General shall bedetermined by the Board for theperiod not exceeding five years.

(d) Notwithstanding anything containedin clauses (a) and (c) of sub-section(1), the Director General of theUniversity holding the office at thecommencement of this Act shall bedeemed to have been appointed asthe first Director General.

(e) Where a vacancy in the office of theDirector General occurs and itcannot be conveniently andexpeditiously filled up in accordancewith the provisions of clauses (a) and(c) of this Section, and if there is anyemergency, the President, inconsultation with the Board, mayappoint any suitable person to be theDirector General and may, fromtime to time, extend the term for a

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period not exceeding one year.

(f) The conditions of service of theDirector General including salary,allowances, leave, pension andprovident fund shall be such as maybe prescribed by the Board and untilso prescribed, shall be determined bythe President.

Powers andduties of theDirectorGeneral

19. (1) The Director General shall be theChief Executive and Academic Officerof the University. He shall presideover at the meetings of the AcademicCouncil and Finance Committee.

(2) Without prejudice to the generality ofthe provision contained in sub-section(1), the Director General shall -

(i) exercise general supervisionand control over the affairs ofthe University;

(ii) ensure implementation of thedecisions of the Authorities ofthe University;

(iii) be responsible for imparting ofinstruction and maintenance ofdiscipline in the University; and

(iv) exercise such other powers andperform such other duties asmay be assigned to him underthis Act or Regulations or asmay be delegated to him by theBoard or the President, as thecase may be.

(3) Where any matter is of urgent naturerequiring immediate action and thesame cannot be immediately dealtwith by the Chairman or authority orbody of the University empoweredunder this Act to deal with it theDirector General may take suchaction as he may deem fit and shallforthwith report the action taken byhim to the Chairman or authority orbody of the University who or which,in the ordinary course, would have

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dealt with the matter.

Provided that if such authority orbody is of the opinion that suchaction ought not to have been takenby the Director General, it mayrefer the matter to the Chairman whomay either confirm the action takenby the Director General or annulthe same or modify it in such manneras he thinks fit and thereupon it shallcease to have effect or as the casemay be, shall take effect in suchmodified form, so however suchmodification or annulment shall bewithout prejudice to the validity ofanything previously done by or underthe orders of the Director General.

(4) Where the exercise of the power bythe Director General under sub-section (3) involves the appointmentof any person, such appointmentshall be confirmed by the CompetentAuthority empowered to approvesuch appointment, in accordance withthe provisions of this Act and theregulations, not later than six monthsfrom the date of order of theDirector General, otherwise thesame shall cease to have effect onthe expiration of a period of sixmonths from the date of order of theDirector General.

ExecutiveRegistrar

20. (1) The Executive Registrar shall beappointed by the University in suchmanner and on such terms andconditions as may be prescribed by theRegulations.

(2) The Executive Registrar shall exercisethe following powers and performfollowing duties, namely:-

(i) he shall be responsible for thecustody of records, commonseal, the funds of theUniversity and such otherproperty of the University;

(ii) he shall place before the Board

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and other Authorities of theUniversity, all such informationas may be necessary fortransaction of its business;

(iii) he shall be responsible to theDirector General for theproper discharge of hisfunctions;

(iv) he shall, subject to the controlof the Director General, beresponsible for theadministration and services ofthe University and conduct theexaminations and make allother arrangements necessarytherefore, and be responsiblefor the execution of allprocesses connectedtherewith;

(v) he shall attest and execute alldocuments on behalf of theUniversity; and

(vi) he shall exercise such otherpowers and perform suchother duties as may beassigned to him under this Act,Regulations or as may bedelegated to him by the Boardor the Director General.

Deans 21. (1) The Deans of the Universityshall be appointed by theDirector General, with theapproval of the Chairman ofthe Board from amongst theFaculty of the University.

(2) The Dean shall assist theDirector General inmanaging the academic andother affairs of the Universityand shall exercise such powersand perform such functions asmay be prescribed by theregulations or be entrusted tothem by the DirectorGeneral.

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22. The Trust shall place funds at the disposalof the University to be called the PermanentEndowment Fund of a sum of ten crores ofrupees or a sum required for meeting thefull operational expenditure of the Universityfor three years, in long term interest bearingsecurities issued or guaranteed by theCentral or State Government. On thetermination of the involvement of the Trustand after meeting the operationalexpenditure for three years, out of thePermanent Endowment Fund, if there is anyunused balance that shall be paid back tothe Trust.

Permanent EndowmentFund of theUniversity

23. The Trust may pay to the University fromtime to time such sums of money and insuch manner as may be considerednecessary for the exercise of its powers anddischarge of its functions under this Act.

Payment toUniversity

24. (1) The University shall have its own fundsconsisting of -

Funds of University

(i) all monies provided by the Trust;(ii) all fees and other charges received

by the University;(iii) all monies received by the University

by way of grants, loans, gifts,donations, beneficiations, bequests,or transfers;

(iv) all monies received by the Universityfrom the collaborative industry interms of the provisions of theMemorandum of Undertakingbetween the University and theindustry, for establishment ofsponsored chairs, fellowships andinfrastructure facilities of theUniversity; and

(The provisions shown in bold letters are amended version)

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(v) all monies received by the Universityin any other manner or from anyother source.

(2) All funds of the University shall bedeposited in such banks or invested in suchmanner as the Board may decide onrecommendation of the Finance Committee.

(3) The funds of the University shall be appliedtowards the expenses of the Universityincluding expenses incurred in the exerciseof its powers and discharge of its functions.

Accounts and Audit

25. (1) The University shall maintain properaccounts and other records, andprepare an annual statement ofaccounts, including the income andexpenditure account and the balancesheet, in such form and in suchmanner as may be prescribed by theregulations.

(2) The University shall adopt a propersystem of internal checks andbalances and controls in thedischarge of its finance, accountingand auditing functions as may beprescribed by the Regulations.

XXVII of 1949

(3) The Accounts of the University shallbe audited not less than once peryear by a Statutory Auditor who shallbe a Chartered Accountant or a firmof Chartered Accountants as definedin the Chartered Accountant Act,1949 who shall be appointed by theBoard.

(4) The Accounts of the Universitycertified by the person or firm soappointed or any other personauthorized in this behalf togetherwith the audit report thereon shall beplaced before the Board and theBoard may issue such instructions tothe University in respect thereof as itdeems fit and the University shallcomply with such instructions.

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(5) The Accounts of the University shall beaudited by an internal auditor who shallbe a Chartered Accountant or a firm ofChartered Accountants appointed by theBoard, to ensure concurrent audit of allbooks of accounts, and such periodicinternal audit reports shall be placedbefore the Board for review.

(6) The University shall prepare each year areport of its activities during theprevious year and submit it in the formof an Annual Report to the Board forreview and approval.

26. (1) The University shall with approval ofthe Board, constitute for the benefitof its officers, teachers and otheremployees, in such manner andsubject to such conditions, as may beprescribed by the Regulations, suchschemes of pension, provident fundand insurance as it may deem fit,and also aid-in establishment andsupport of the associations,institutions, funds, trusts andconveyance calculated to benefit thestaff and the students of theUniversity.

Pension and Provident Fund

(2) Where any such provident fund hasbeen so constituted, the provisions ofthe Provident Funds Act, 1925, shallapply to such funds as if it were aGovernment fund.

XIX of 1925

27. No act or proceedings of the Board, or anyauthority of the University or anyCommittee constituted under this Act or bythe Regulations shall be questioned on theground merely of the existence of anyvacancy in or defect in the constitution of,the Board, Authority or Committee of theUniversity.

Acts and Proceedingsnot to be invalidated by vacancies

28. Not withstanding anything contained in anyother law for the time being in force, theUniversity shall have powers to conferdegrees, diplomas and grant certificates,and confer degrees and honorary degrees,and other academic distinctions and titles,as approved by the Board.

Confermentof Degrees,Diplomas and grant of certificates by University

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Returns andInformation

29. The University shall furnish to the StateGovernment, University Grants Commissionand other Statutory Authorities suchreports, returns, statements and otherinformation as may be required by themfrom time to time.

Management ofUniversity ondissolution ofTrust

30. The Trust shall give a notice of not lessthan six months period to the StateGovernment of its intention to dissolvethe Trust. Upon receipt of any noticefrom the Trust, the State Governmentshall make arrangements foradministration of the University from thedate of dissolution of the Trust and untilthe last batch of students in regularcourses of the University complete theircourses. The expenditure foradministration of the University duringtaken over period of its managementshall be met out of the PermanentEndowment Fund of the University. Ondissolution of Trust, this fund shall be inthe form, of a corpus fund.

Powers of theStateGovernment

31. The State Government shall havepowers to issue directions from time totime as may be required to be followedby the University under the provisions ofthis Act, the Regulations madethereunder and under any other law fortime being in force.

Regulations 32. (1) Subject to the provisions of this Act, theBoard shall have, in addition to all otherpowers vested in it, the power to makeRegulations, to provide for theadministration and management of theaffairs of the University

(2) In particular and without prejudice tothe generality of the foregoing powers,such regulations may provide for all orany of the following matters, namely:-

[(i) the summoning and holding of

meetings of the authorities of theUniversity, other than the First Meetingof the Board, and the quorum and

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conduct of business at such meetings;

(ii) the power and functions to be exercisedand discharged by the President of theBoard of the University;

(iii) the constitution, powers and duties of theauthorities, bodies and other committeesof the University established under thisAct, the qualifications anddisqualifications for membership of suchauthorities, term of office of themembership, appointment and removalof members thereof and other mattersconnected therewith;

(iv) the procedure to be followed by theBoard and any Committee or other bodyconstituted under this Act or by theRegulations in the conduct of thebusiness, exercise of the powers anddischarge of the functions;

(v) the procedure and criteria to be followedin establishing courses of study andadmission of students;

(vi) the procedure to be followed forenforcing discipline in the University;

(vii) the management of the properties of theUniversity;

(viii) the degrees, diplomas, certificates andother academic distinctions and titleswhich may be conferred or granted bythe University and withdrawal orcancellation of any such degrees,diplomas, certificates and other academicdistinctions and titles and therequirements thereof;

(ix) the conduct of examinations including theterm of office and appointment ofexaminers;

(x) the creation of posts of Professors,Associate Professors, Assistant Professors,Readers, Lecturers or equivalent academicdesignations or posts, officers andemployees of the University, andappointment of persons to such postsincluding the qualifications requisitethereof;

(xi) the fees and other charges which may bepaid to the University for the courses,training, facilities and services provided byit;

(xii) the manner and conditions for constitutionof insurance, pension and provident fundsand such other schemes for the benefit ofofficers, teachers, and other employees of

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the University;

(xiii) the terms and conditions applicable forassociation of the University with otherinstitutions;

(xiv) the preparation of budget estimates andmaintenance of accounts;

(xv) the mode of execution of contracts oragreement by or on behalf of theUniversity;

(xvi) the classification and procedure forappointment of officers and staff of theUniversity;

(xvii) the terms and tenure of appointments,salaries and allowances, contractualservices, rules of discipline and otherconditions of service of the DirectorGeneral, other officers, teachers andemployees of the University;

(xviii) the terms and conditions governingdeputation of officers and staff of theUniversity;

(xix) the powers and duties of the DirectorGeneral and other officers, teachers andemployees of the University;

(xx) the terms and conditions governingfellowship, scholarships, stipends, medalsand prizes;

(xxi) the authentication of the orders anddecisions of the Board;

(xxii) the matters relating ot hostels and halls ofthe residence including disciplinary controltherein; and

(xxiii) all matters which, by this Act, are to be ormay be prescribed by the Regulations.

Removal of difficulties at the commence-ment

33. If any difficulty arises with respect to theestablishment of the University or in connectionwith the first meeting of any authority of theUniversity or otherwise in first giving effect to theprovisions of this Act and the Regulations, thePresident of the University, may at any time, beforeall authorities of the University have beenconstituted, by order, make any appointment or doanything consistent, so far as may be, with theprovisions of this Act and the Regulations, whichappear to him necessary or expedient for thepurpose of removing the difficulty and every suchorder shall have effect as if such appointment oraction had been made or taken in the mannerprovided in this Act and the Regulations.

Provided that before making any such order thePresident may ascertain and consider the opinion ofthe Director General and of such appropriate

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authority of the University as may have beenconstituted.

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34. Notwithstanding anything contained in this Act - Transitory Provisions

(1) the Director General may, with prior approvalof the President and subject to availability offunds, discharge all or any of the functions ofthe University for the purpose of carrying out theprovisions of this Act and the Regulations andfor that purpose may exercise any power orperform any such duties which by this Act andthe Regulations are to be exercised or performedby any authority of the University until suchauthority comes into existence as provided bythis Act and the Regulations;

(2) the Board of the Institute functioning as suchimmediately before the commencement of thisAct shall continue to so function until the Boardis constituted for the University under this Act,but on the constitution of the Board under thisAct, the members of the Board holding officebefore such constitution shall cease to holdoffice;

(3) the Academic Council of the Institute functioningas such immediately before the commencementof this Act shall continue to so function until theAcademic Council is constituted for theUniversity under this Act, but on the constitutionof the Academic Council under this Act, themembers of the Academic Council holding officebefore such constitution shall cease to holdoffice;

(4) the Finance Committee of the Institutefunctioning as such immediately before thecommencement of this Act shall continue to sofunction until the Finance Committee isconstituted for the University under this Act, buton the constitution of the Finance Committeeunder this Act, the members of the FinanceCommittee holding office before suchconstitution 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 Nirma Education and ResearchFoundation, Ahmedabad, as 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.

Indemnity 35. No suit, prosecution or other legal proceedingsshall lie against and no damages shall beclaimed from the University, the DirectorGeneral, the authorities or officers of theUniversity or any other person in respect ofanything which is done in good faith orpurporting to be done in pursuance of this Act orany Regulation made there under.

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