Act No 15 of 2023
Act No 15 of 2023
Act No 15 of 2023
16
©
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. LXIV ] MONDAY, SEPTEMBER 25, 2023 / ASVINA 3, 1945
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART IV
(First published, after having received the assent of the Governor, in the
"Gujarat Government Gazette", on the 25th September, 2023).
AN ACT
to unify law relating to the Maharaja Sayajirao University of Baroda, the Gujarat
University, the Sardar Patel University, the Veer Narmad South Gujarat University,
the Saurashtra University, the Maharaja Krishnakumarsinhji Bhavnagar University,
the Hemchandracharya North Gujarat University, the Dr. Babasaheb Ambedkar
Open University, the Krantiguru Shyamji Krishna Verma Kachchh University, the
Bhakta Kavi Narsinh Mehta University and the Shri Govind Guru University in the
State of Gujarat.
WHEREAS it is expedient to provide for a uniform pattern for the
constitution, academic autonomy and administration of non-agricultural, non-
medical and non-sectorial Universities in the State of Gujarat and to make better
provisions thereof;
Short title, extent and 1. (1) This Act may be called the Gujarat Public Universities Act, 2023.
commencement.
(2) It shall extend to all universities mentioned in the Schedule.
(3) It shall come into force on such date as the State Government may, by notification
in the Official Gazette, appoint.
CHAPTER II
PUBLIC UNIVERSITIES
Incorporation of 3. (1) Each of the existing public universities specified in Part I of the
Universities. Schedule, with effect from the date of commencement of this Act, shall be deemed
to be constituted under this Act for the same area specified in the said part, for which
it was constituted immediately before the date of commencement of this Act.
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(2) The State Government may, from time to time, by notification in the Official
Gazette, constitute any new university under this Act by such name, for such area
and with effect from such date, as may be specified by it, and insert necessary entries
in Part II of the Schedule; and may for that purpose or any other purposes specified
in that behalf diminish, increase or alter the area of any existing or new university,
by amending the Schedule, by the said notification, and thereupon the entries in
Part I or in Part II, as the case may be, of the Schedule, shall stand amended
accordingly, and all educational institutions, whether colleges, institutions,
autonomous or empowered autonomous colleges, empowered autonomous cluster
institutions, post-graduate departments, schools on the sub-campuses, by whatever
name called, within the area of the new university, which are affiliated/constituted
to or recognised by the existing university shall, from the date aforesaid, stand
affiliated/constituted to or recognised by the new university.
(3) Each university shall be competent to acquire and hold property, both movable
and immovable, to lease, sell or otherwise transfer or dispose of any movable or
immovable property, which may vest in or be acquired by it for the purposes of the
university, and to contract and do all other things necessary for the purposes of this
Act:
Provided that, no such lease, sale or transfer of such property shall
be made without the valuation made thereof by the approved valuer appointed by the
university and without the prior written consent of the State Government.
4. The objects of the university, in general, shall be to disseminate, create and Objects of
preserve knowledge and understanding by teaching, research and development, skill University.
development, training and education, extension and service and by effective
demonstration and influence of its corporate life on a society in general, and in
particular, the objects shall be to-
(a) carry out its responsibility of creation, preservation and dissemination
of knowledge;
(b) promote discipline and the spirit of intellectual inquiry and to dedicate
itself as a fearless academic community to the sustained pursuit of
excellence;
(c) encourage individuality and diversity within a climate of tolerance and
mutual understanding;
(d) promote freedom, secularism, equality, social justice as enshrined in the
Constitution of India, and to be catalyst in patriotic socio-economic
transformation by promoting basic attitudes and values of essence to
national development;
(e) promote the conducive environment for ensuring social harmony, co-
existence, integral humanism and upliftment of the poorest of the poor;
(f) extend the benefits of knowledge, life and employability skills for
development of individuals and society by associating the university
closely with local, regional and national problems of development;
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Jurisdiction and 6. (1) The territorial limits, within which the powers conferred upon the
admission to university by this Act shall be exercised, shall comprise the whole of the university
privileges of area as specified against the name of such university in the Schedule:
University.
Provided that, the benefit of distance-education courses, correspondence
courses, Open University courses or external degree courses of any university
may, with the prior permission of the State Government, extend and cover the
entire area of the State outside the university area:
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Chancellor. 9. (1) The Governor of the State of Gujarat shall be the Chancellor of the
university:
Provided that for The Maharaja Sayajirao University of Baroda,
Her Highness Shrimati Shubhangini Raje Gaekwad shall be the Chancellor
of the University.
(2) The Chancellor shall, by virtue of his/her office, be the head of the University and
shall, if present, preside at the Convocations of the University held for conferring
degrees.
Appointment of 10. (1) There shall be a Vice-Chancellor who shall be the principal academic
Vice-Chancellor. and executive officer of the university and ex-officio Chairperson of the Board of
Management, Academic Council, Executive Council and Board of Examinations and
Evaluation.
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(2) Save as otherwise provided, pay and allowances, terms and conditions of service
of the Vice-Chancellor shall be such as may be determined by the State Government,
from time to time.
(3) The Vice-Chancellor shall be appointed by the State Government, as per
University Grants Commission (UGC) norms, in the following manner, namely:-
(a) There shall be a search committee consisting of the following members
to recommend most suitable names to the State Government for
appointment of Vice-Chancellor, namely: —
(i) a member to be nominated by the State Government, who
shall be most prestigious eminent senior person either from
judiciary or academics or administration;
(ii) the Director or Head of an institute or organisation of highly
national repute established by an Act of Parliament,
nominated by the Board of Management, Executive Council
and the Academic Council, jointly, in the manner specified
by the State Government by an order published in the
Official Gazette;
(iii) the representative of University Grants Commission (UGC);
(iv) the Registrar of the University shall act as the Member-
Secretary of the search committee without any voting right
in the committee.
(b) The member nominated by the State Government shall be the
Chairman of the committee.
(c) The members nominated on the committee shall be persons who are
never connected with the concerned university or any college or any
recognised institution of the university.
(d) No meeting of the committee shall be held unless three members of the
committee are present.
(e) The committee shall recommend a panel of 3 (three) best competent
persons for the consideration of the State Government for being
appointed as a Vice-Chancellor. The names of the persons so
recommended shall be in alphabetical order without any preference
being indicated. The report shall be accompanied by a detailed write-
up on suitability of each person included in the panel.
(f) The eligibility conditions and the process for recommendation of
names for appointment as a Vice-Chancellor shall be given wide
publicity to ensure the recommendation of most competent candidates.
(4) The State Government may appoint one of the persons included in the panel to be
the Vice-Chancellor:
Provided that, if the State Government does not approve any of the
persons so recommended, it may call for a fresh panel either from the same
committee or after constitution of a new committee for the purpose, from such new
committee.
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(5) The process of preparing the panel of the most competent persons for being
appointed as a Vice-Chancellor, shall invariably begin at least six months before the
probable date of occurrence of the vacancy of the post of a Vice-Chancellor and the
process of appointment of the Vice-Chancellor shall be completed invariably at least
one month before the probable date of occurrence of the vacancy of the post of Vice-
Chancellor. It shall be the responsibility of the Registrar as member secretary of the
committee.
(6) The person appointed as a Vice-Chancellor shall, subject to the terms and
conditions of contract of service, hold office for a period of five years from the date
on which he takes charge of his office or till he attains the age of sixty-five years,
whichever is earlier and he shall not be eligible for re-appointment in the same
university.
Provided that, on the basis of his work done and found most efficient and
competent he/she shall be eligible for re-appointment to any other university for one
term of five years only, unless he/she should not have attained the age of 65 years
on the date of re-appointment.
(7) The person appointed as a Vice-Chancellor shall hold a lien, if any, on the
substantive post held by him prior to the appointment.
(8) In any of the following circumstances, the exigency whereof shall solely be
judged by the State Government, namely: —
(a) where the committee appointed under clause (a) of sub-section
(3) is unable to recommend any name within the time limit
specified by the State Government;
(b) where the vacancy occurs in the office of the Vice-Chancellor
because of death, resignation or otherwise, and it cannot be
conveniently and expeditiously filled in, in accordance with the
provisions of sub-sections (3) and (4);
(c) where the vacancy in the office of the Vice-Chancellor occurs
temporarily because of leave, illness or other causes; or
(d) where there is any other emergency;
the State Government may appoint any suitable person, to
act as the in-charge Vice-Chancellor for a term not exceeding
twelve months, in the aggregate as may be specified in his order:
Provided that, the person so appointed shall cease to hold
such office on the date on which the person appointed as a Vice-
Chancellor in accordance with the provisions of sub-sections (3)
and (4) assumes office or the Vice-Chancellor resumes office.
(9) The Vice-Chancellor shall be the whole-time salaried officer of the university and
shall receive pay and allowances, and other facilities as may be determined by the
State Government from time to time. In addition, he shall be entitled to free furnished
residence, a motor car including its maintenance, repairs and fuel required thereof,
with the service of a chauffeur, and all other sanities to act as a Vice-Chancellor of
the University.
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(10) Such sumptuary allowance shall be placed at the disposal of the Vice-
Chancellor, as the State Government may approve.
(11) If a person receiving an honorarium from the Consolidated Fund of the State, or
if a principal of an affiliated/constituent college or a recognised institution or a
university teacher is appointed as a Vice-Chancellor, his terms and conditions of
service shall not be altered to his disadvantage during his tenure as a Vice-Chancellor.
(12) Notwithstanding anything contained in the foregoing sub-sections, the person
referred to in sub-section (7) shall stand retired from his original post in accordance
with the terms and conditions of service of that post.
(13) The Vice-Chancellor may, by writing under his signature addressed to the State
Government, after giving one month’s notice to resign from his office and shall cease
to hold his office on the acceptance of his resignation by the State Government or
from the date of expiry of the said notice period, whichever is earlier.
(14) The Vice-Chancellor may be removed from his office after due inquiry, if the
State Government is satisfied that the incumbent, —
(a) has become insane and stands so declared by a competent court;
or
(b) has been convicted by a court for any offence involving moral
turpitude; or
(c) has become an undischarged insolvent and stands so declared by a
competent court; or
(d) has been physically unfit and incapable of discharging functions
due to protracted illness or physical disability; or
(e) has willfully omitted or refused to carry out the provisions of this
Act or has committed breach of any of the terms and conditions of
the service or any other conditions, prescribed by the State
Government under sub-section (2), or has abused the powers
vested in him or if the continuance of the Vice-Chancellor in the
office is detrimental to the interests of the university or have
sufficient criminal evidence against him; or found guilty on the
charges levelled against him after due inquiry during existing
tenure as a Vice-Chancellor;
(f) is a member of, or is otherwise associated with, any political party
or any organisation which takes part in politics, or is taking part
in, or subscribing in aid of, any political movement or activity or
working against the Government or interest of education;
Explanation.- For the purposes of this sub-clause,
whether any party is a political party, or whether any organisation
takes part in politics or whether any movement or activity falls
within the scope of this sub-clause, the decision of the State
Government there on shall be final:
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Authorities of 13. The following shall be the authorities of the university, namely:-
University.
(1) the Board of Management;
(2) the Executive Council;
(3) the Academic Council;
(4) the Board of Deans;
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Powers and duties 15. The Board of Management shall have the following powers and duties, as
of Board of supreme authority of the University, namely: —
Management.
(a) to review and deliberate on short and long term reforms in
academic, research and development activities, finances,
management and governance that are taking place at the national
and global level with a view to allowing them to percolate into
the university;
(b) to study and decide upon the operative mechanism for the reforms
in all the domains of the university;
(c) to make such provisions, as may enable colleges and institutions
to undertake specialised studies and courses, and where necessary
or desirable, organise and make provisions for common
laboratories, libraries, museums and equipments for teaching and
research among various organisations and universities;
(d) to establish departments, colleges, schools, centres, institutions of
higher learning, research and specialised studies, on the
recommendation of the Academic Council;
(e) to recommend to the State Government, the draft of statutes or
amendment or repeal any or part of statutes for approval;
(f) to make, amend or repeal any or part of ordinances and
regulations;
(g) to control and arrange for administration of assets and properties
of the university;
(h) to discuss and approve with modifications, if any, the annual
financial estimates or budget, that is to say the fund which may
be received from State Government, university funds and other
funding agencies separately;
(i) to consider proposals to enter into, amend, carry out and cancel
contracts on behalf of the university;
(j) to determine the form of common seal for the university and
provide for its use;
(k) to accept, on behalf of the university the transfer of any trusts,
bequests, donations and transfer of any movable, immovable and
intellectual property to the university with the prior permission of
the State Government;
(l) to transfer by sale or otherwise, any movable or intellectual
property rights on behalf of the university;
(m) to transfer by sale or lease or contract any immovable property to
other organisation with the prior permission of the State
Government:
Provided that, any immovable property may be permitted
to be used for the specific period, for the purpose of providing
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(3) The Executive Council shall not transfer any immovable property without the
previous sanction of the Board of Management and the State Government.
(4) The exercise of the powers by the Executive Council under clause (u) of sub-
section (1), in so far as they relate to the laying down and regulating salary scales and
allowances of officers (other than the Vice-Chancellor) and members of the teaching,
other academic and non-teaching staff of the University, affiliated/constituent
colleges and recognised institutions shall be subject to the approval of the State
Government.
(5) The Executive Council may by Ordinances appoint committee or committees to
carry out its administrative work and define its constitution, functions and tenure.
(6) The Executive Council shall function required for day to day administration.
(7) The Executive Council shall exercise functions as defined by the Board of
Management.
Academic 18. (1) The Academic Council shall be the principal academic authority of the
Council. university and shall be responsible for regulating and maintaining the standards of
teaching, research and evaluation in the university. It shall also be responsible for
laying down the academic policies in regard to maintenance and improvement of
standards of teaching, research, extension, collaboration programme in academic
matters and evaluation of workload of the teachers, under policy guidance of Board
of Management and Executive Council.
(2) The Academic Council shall meet as and when required, but not less than four
times in a year.
(3) The tenure for members of Academic Council shall be of two and half years.
(4) The Academic Council shall consist of the following members, namely: -
Members
(a) the Vice-Chancellor - Chairperson;
(b) the Registrar – Member-Secretary;
(c) Deans of Faculties and Associate Deans (if any);
(d) the Controller of Examination;
(e) the Finance and Accounts Officer;
(f) the Vice-Chancellor shall nominate the following members, as per
the recommendations of a special committee appointed by him on
seniority basis and also on the basis of additional criteria as may be
prescribed by the Statutes: —
(i) eight Principals of conducted, autonomous or
affiliated/constituent colleges which are accredited B+
grade by the National Assessment and Accreditation
Council (NAAC) or National Board of Accreditation
(NBA), as the case may be, out of whom one shall be
woman and one shall be a person belonging Scheduled
Castes or Scheduled Tribes or De-Notified Tribes
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(5) The provisions regarding constitution and term of office of members of Academic
Council for (d) to (i) shall be followed as prescribed by the State Government by
notification and / or Government Resolution at regular interval of time.
(6) The provisions for powers and duties; provisions regarding cessation of
membership, disqualification for membership, ineligibility for second consecutive
term, resignation of authorities, conclusiveness of decision of authority and meeting
of authorities; provisions regarding casual vacancy and standing committee to fill
vacancies of above mentioned Boards and Bodies (c) to (i) which may be declared to
be the authorities of the University, shall be followed as prescribed by the State
Government by notification and/or Government Resolution at regular interval of
time.
Powers of State 19. Notwithstanding anything contained in any other provisions of this Act, the
Government to State Government shall, by an order published in the Official Gazette, specify the
verify eligibility.
eligibility conditions for being nominated or co-opted as a member of any authority
of the university. The Board of Management shall be the principal authority with all
powers for all financial estimates and budgetary appropriations in final annual
accounts, budgets and for providing social feedback to the university on current and
future academic programme mandatory report to be published every year.
CHAPTER V
THE STATUTES, ORDINANCES AND REGULATIONS
Statutes and their 20. Subject to the provisions of this Act, the Statutes may provide for all or any
subject matters. of the following matters, namely: -
(a) conferment of honorary degrees and academic distinctions;
(b) establishment and maintenance of the sub-campuses university
departments, institutions, conducted colleges, institutions of higher
learning, research or specialised studies and hostels;
(c) constitution, powers, duties and functions of authorities of the
university not laid down under any of the provisions of this Act;
(d) abolition of university departments or institutions and conducted
colleges;
(e) rules of procedure for conduct of business at the meetings of authorities
of the university;
(f) appropriation of funds of the university for furtherance of the objects
of the university;
(g) norms for grant of autonomy to university departments or institutions,
affiliated/constituent colleges and recognised institutions, subject to
the approval of the State Government;
(h) acceptance and management of trusts, bequests, donations,
endowments and grants from individuals or organisations;
(i) disciplinary action against defaulting teachers, officers and other
employees of the university, affiliated/constituent colleges and
recognised institutions other than the colleges or institutions managed
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(2) The model Statute provided by the State Government shall to be enacted by the
University prescribed by the law.
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(3) In case of any deviation or exceptions or amendment to seek in the model Statute,
the University Board of Management shall get ratified the amendment from the State
Government.
(4) The Statute Committee shall be constituted by the Board of Management as
under:-
(a) One each member of Board of Management, Executive Council
and Academic Council,
(b) One Dean,
(c) One Professor of university department or affiliated/constituent
colleges,
(d) One Principal of affiliated/constituent college,
(e) Law Officer of the university,
(f) Registrar of the university as Member-Secretary.
Such Statute Committee shall prepare and propose the draft Statutes
and shall present to the Board of Management for its recommendations to
the State Government, for any improvement in the model Statutes proposed
by the State Government.
(5) The Board of Management, if it thinks necessary, may obtain the opinion of any
officer, authority or body of the university with regard to any draft Statute which is
before it for consideration.
(6) Every change in the model Statute passed by the Executive Council and the Board
of Management shall be submitted to the State Government which may give or
withhold approval thereto or send it back to the Board of Management for
reconsideration.
(7) No changes in the model Statute passed by the Board of Management shall be
valid or shall come into force until assented to by the State Government.
(8) Notwithstanding anything contained in the foregoing sub-sections, the State
Government shall have power to prescribe uniform Statutes on the subjects by
notification published in the Official Gazette, which shall be binding on the
university.
Ordinances and 22. Subject to the provisions of this Act, the Ordinances may provide for all or
their subject any of the following matters, namely: -
matters.
(a) conditions under which students shall be admitted to courses of study
for degrees, diplomas, certificates and other academic distinctions;
(b) fees for affiliation and recognition to colleges and institutions;
(c) conditions governing the appointment and duties of examiners;
(d) conduct of examinations, other tests and evaluation, and the manner in
which the candidates may be assessed or examined by the examiners;
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(2) The Board of Deans shall prepare and propose draft Ordinances concerning the
matters referred to in section 21.
(3) No Ordinance concerning academic matters shall be made, amended or repealed
by the Board of Management unless a draft thereof has been proposed by the
Academic Council.
(4) All Ordinances made by the Board of Management shall have effect from the date
of the meeting or from such date as it may direct, but every Ordinance so made shall
be submitted to the State Government within two weeks from the date of the meeting.
24. (1) Subject to the provisions prescribed by or under this Act, Board of Regulations.
Management may make Regulations consistent with this Act, Statutes and
Ordinances, for, -
(a) institution of fellowship, travelling fellowship, scholarship,
studentship, medals and prizes and for their award;
(b) collaborations with other universities, institutions and
organisations for mutually beneficial academic programme;
(c) the conditions under which students shall be admitted to courses
of study for degrees, diplomas, certificates and other academic
distinctions;
(d) preservation of record of the university;
(e) providing for all or any of the matters which, by or under this Act,
Statutes or Ordinances, are to be or may be provided by
Regulations;
(f) all non-academic matters for which provision is, in the opinion of
the Board of Management, necessary for the purposes of this Act,
Statutes or Ordinances.
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(2) Subject to the provisions prescribed by or under this Act, the Academic Council
may make Regulations relating to the academic matters, consistent with this Act,
Statutes and Ordinances.
(3) The Board of Deans shall prepare a draft of regulations and place it for the
approval of the Board of Management or the Academic Council, as the case may be,
providing for the matters referred to in sub-sections (1) and (2) and for all or any of
the matters which, by or under this Act, Statutes or Ordinances, are to be or may be
provided by Regulations.
CHAPTER VI
ADMISSIONS, EXAMINATIONS, EVALUATION AND OTHER MATTERS
RELATING TO STUDENTS
Admissions, 25. The provisions regarding admissions, disputes relating to admission,
examinations etc. examinations and evaluation, declaration of results, examinations and evaluation not
invalid for non-compliance with program schedule of sports and extra-curricular
activities shall be followed as prescribed by the State Government by notification
and/or Government Resolution at regular interval of time.
CHAPTER VII
COMMITTEES AND COUNCILS
Committees and 26. The Committees and Councils may be constituted for the service of the
councils. university as may be prescribed by Statutes.
CHAPTER VIII
PERMISSION FOR AFFILIATION AND RECOGNITION
Conditions of 27. (1) The management applying for affiliation or recognition, and the
affiliation and management whose college or institution has been granted affiliation or recognition,
recognition. shall give the following undertaking and shall comply with the following conditions,
namely:-
(a) that the provisions of the Act and Statutes, Ordinances and Regulations
made there under and the standing orders and directions of the university
and the State Government shall be complied with;
(b) that the number of students admitted for courses of study shall not exceed
the limits prescribed by the university, University Grants Commission
(UGC) and the State Government, from time to time;
(c) that there shall be suitable and adequate physical facilities such as land,
buildings, laboratories, libraries, books, equipments required for
teaching and research, hostels, gymnasium, etc. as may be prescribed;
(d) that the financial resources of the college or institution shall be such as
to make due provision for its continued maintenance and working;
(e) that the strength and qualifications of teachers and non-teaching
employees of the affiliated/constituent colleges and recognised
institutions and the emoluments and the terms and conditions of service
of the staff of affiliated/constituent colleges and recognised institutions
shall be such as may be specified by the university and the State
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prescribed by the Statutes and guidelines of the State Government and University
Grants Commission (UGC).
CHAPTER IX
ENROLMENT, DEGREES AND CONVOCATIONS
31. All post-graduate instruction, teaching, training, research, research Post graduate
collaborations and partnerships, shall normally be conducted within the university teaching and
area by the university, affiliated/constituent colleges and the recognised institutions research.
in such manner as may be prescribed.
32. A person to be enrolled as the student of the university shall possess such Enrolment of
qualifications and fulfill such conditions as may be prescribed. students.
33. (1) All powers relating to discipline and disciplinary action in relation to the Disciplinary
students of the university departments and institutions and colleges maintained by powers and
the university, shall vest in the Vice-Chancellor. discipline.
(2) The Vice-Chancellor may, by an order, delegate all or any of his powers under
sub-section (1), as he deems fit, to such other officer as he may nominate in that
behalf.
(3) The Vice-Chancellor may, in the exercise of his powers, by an order, direct that
any student or students be expelled or rusticated for a specified period, or be not
admitted to a course or courses of study in conducted college, institution or
department of the university for a specified period, or be punished with fine, as
prescribed by the university, or be debarred from taking an examination or evaluation
conducted by the department, conducted college or institution maintained by the
university for a specified period not exceeding five years or that the result of the
student or students concerned in the examination or evaluation in which he or they
have appeared, be cancelled :
Provided that, the Vice-Chancellor shall give reasonable opportunity of
being heard to the student concerned, if expulsion is for a period exceeding one year.
(4) Without prejudice to the powers of the Vice-Chancellor, the principals of
conducted colleges, heads of university institutions and the heads of departments of
the university shall have authority to exercise all such powers over the may be
necessary for the maintenance of proper discipline.
(5) The provisions as regards discipline and proper conduct for students of the
university and the action to be taken against them for breach of discipline or
misconduct, shall be as may be prescribed by the Statutes, which shall apply to the
students of all its conducted colleges and university departments or institutions,
affiliated/constituent colleges and recognised institutions.
(6) The statutes relating to discipline and proper conduct for students, and the action
to be taken against them for breach of discipline or misconduct, shall also be
published in the prospectus of the university, affiliated/constituent college or
recognised institution and every student shall be supplied with a copy of the same.
The principals of the colleges and heads of the institutions, maintained by the
university and affiliated/constituent colleges, may prescribe additional norms of
discipline and proper conduct, not inconsistent with the Statutes, as they think
necessary and every student shall be supplied with a copy of such norms.
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(7) At the time of admission, every student shall sign a declaration to the effect that
he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and the
other officers and authorities or bodies of the university and the authorities or bodies
of the conducted colleges, affiliated/constituent colleges and recognised institutions,
and shall observe and abide by the Statutes made in that behalf and in so far as they
may apply, the additional norms made by the principals of conducted colleges and
heads of university institutions and affiliated/constituent colleges.
(8) All powers relating to disciplinary action against students of an
affiliated/constituent college or recognised institution not maintained by the
university, shall vest in the principal of the affiliated/constituent college or head of
the recognised institution, and the provisions of sub-sections (5) and (6) including the
Statutes made there under, shall mutatis-mutandis apply to such colleges, institutions
and students therein.
Degrees, diplomas, 34. (1) The Board of Management may institute and confer such degrees,
certificates. diplomas, certificates and other academic distinctions as may be recommended by
the Academic Council in accordance with the norms laid down by the University
Grants Commission (UGC).
(2) The Board of Management may institute and confer post-doctoral degrees such
as DSc and DLitt - by Research, as may be recommended by the Academic Council.
(3) The Vice - Chancellor may, on the recommendation of the Board of Management
and the Academic Council, supported by a majority of not less than two-third
members of each such authority, present at its meeting, such majority comprising not
less than one-half of the members of each such authority, withdraw the degree or
diploma or certificate or any other academic distinction permanently or for such
period as the Vice - Chancellor thinks fit, if such a person is convicted by a court of
law for any offence involving moral turpitude or has been found to have sought
admission to any degree or diploma or certificate course by fraudulent means or has
been found to have obtained such degree or diploma or certificate or any other
academic distinction by fraudulent means. No such action under this section shall be
taken unless the person concerned is given an opportunity to defend himself.
Honorary Degree. 35. (1) The Board of Management may consider and recommend to the State
Government the conferment of an honorary degree or other academic distinction on
any person, without requiring him to undergo any test or examination or evaluation,
on the ground solely that he, by reason of his eminent position, attainments and
public service, is a fit and proper person to receive such degree or other academic
distinction, and such recommendation shall be deemed to have been duly passed if
supported by a majority of not less than two-thirds of the members present at the
meeting, being not less than one-half of its total membership:
Provided that, the Board of Management shall not entertain or consider
any proposal in that behalf without the Vice-Chancellor having obtained the previous
approval of the State Government.
(2) The Board of Management may take a decision on the proposal of the Academic
Council:
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 25-09-2023 16-43
Provided that, the Academic Council shall not entertain or consider any
proposal in that behalf without the Vice-Chancellor having obtained prior approval
of the State Government.
36. The convocation of the university shall be held at least once during an Convocation.
academic year in the manner prescribed by the Statutes for conferring degrees, post-
graduate diplomas or for any other purpose.
37. (1) Subject to the provisions of sub-section (1) of section 34, the following Registered
persons shall be entitled to have their names entered in the register of registered graduates.
graduates or deemed to be registered graduates, maintained by the university, namely: -
(a) who are graduates of the university;
(b) who are graduates of the parent university from which
corresponding new university is established:
Provided that, the graduates registered in the parent university as
registered graduates but residing in the jurisdiction of the new university shall
have to apply for registration, as registered graduates, to the new university
and once registered with the new university, they will automatically cease to
be the registered graduates of the parent university.
(2) Every person who intends to be a registered graduate shall make an application to
the Registrar in such form and make payment of such fees as may be prescribed by
the Statutes.
(3) The Vice-Chancellor shall, after making such inquiry as he thinks fit, decide
whether the person is entitled to be a registered graduate. If any question arises
whether a person is entitled to have his name entered in the register of graduates or
be a registered graduate or is not qualified to be a registered graduate, it shall be
decided by the Vice-Chancellor after making such inquiry as he thinks fit and his
decision shall be final.
38. (1) A person who – Removal of name
from register of
(a) is of unsound mind and stands so declared by a competent Court; or graduates.
(b) is an un-discharged insolvent; or
(c) is convicted for an offence involving moral turpitude, criminal
procedure code; or
(d) has obtained a degree by fraudulent means; or
(e) is a registered graduate of any other university established by law in
the State, shall not be qualified to have his name entered in the register
of graduates, or be a registered graduate.
(2) The Vice-Chancellor may, on the recommendation of the Board of Management,
supported by a majority of not less than two-third of its members present at its
meeting, such majority comprising not less than one-half of its members, remove the
name of any person from the register of graduates for such period as the
Vice-Chancellor thinks fit, for any of the reasons mentioned in sub-section (3) of
section 36.
16-44 GUJARAT GOVERNMENT GAZETTE, EX. 25-09-2023 [ PART IV
(3) No action under this section shall be taken unless the person concerned is, as
prescribed by the Statutes, given an opportunity of being heard in his defense.
CHAPTER X
UNIVERSITY FUNDS, ACCOUNTS AND AUDIT
Annual financial 39. (1) The annual financial estimates (budget) of the university for ensuing
estimates. financial year shall be prepared by the Finance and Accounts Officer, at least two
months before the commencement of the financial year.
(2) The Finance and Accounts Officer shall thereafter forward copies of annual
financial estimates (budget) as approved by the Board of Management to the State
Government.
(3) The Financial year of the university shall be the same as that of the State
Government.
University fund. 40. (1) The university shall establish the following funds, namely: -
(a) general fund includes affiliation for penalty funds received from
affiliated/constituted universities, etc;
(b) salary fund, -
(i) for all posts approved by the State Government;
(ii) for all other posts separately;
(c) university fund;
(d) development and programme fund;
(e) contingency fund;
(f) any other fund which, in the opinion of the university, is deemed
necessary to establish.
(2) The following shall form part of, or be paid into, the general fund,
namely:-
(a) non-salary contribution or grant, received from the State
Government or the Central Government or the University Grants
Commission (UGC) or such other authority or Government
Department;
(b) all income of the university from any source whatsoever, including
income from fees, other fees and charges;
(c) any sums borrowed from the banks or any other agency, with the
permission of the State Government;
(d) sums received from any other source or agency.
(3) The salary fund shall consist of all amounts received from the State Government,
the Central Government or the University Grants Commission (UGC) or any other
endowment or contribution received towards full or part payment of the salary and
allowances. No amount from this fund shall be utilised for the purposes other than
payment of salary and allowances.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 25-09-2023 16-45
(4) All income or moneys from trusts, bequests, donations, endowments, subventions
and similar grants shall form part of the university fund.
(5) (a) The development and programme fund of the university shall consist of all
infrastructure development grants received from the State and the Central
Government, all contributions made by University Grants Commission (UGC)
for development and research grants received from other funding agencies of
the Central Government, United Nations and its affiliates, other international
agencies, industry, banks and financial institutions or any person or institution.
(b) No amount from this fund shall be appropriated to any other fund of the
university or expended for any other purpose.
(c) The development and programme fund shall be utilised in the manner
consistent with the object of the programme and as per the guidelines of the
funding agency on expenditure and audit, to be granted and approved by the
Board of Management.
(6) The university shall have and maintain a contingency fund under a separate head
of the university accounts which shall be used only for the purpose of meeting any
unforeseen expenditure.
(7) Surplus money at the credit of these funds, including accruals thereto, which
cannot immediately or at any early date be applied for the purposes aforesaid shall,
from time to time, be deposited in the State Financial Securities or invested on
approval of the State Government, in any other Equity or securities issued by the
Corporations having financial participation of the State Government.
41. (1) The accounts of the University shall be maintained on the basis and Annual Accounts
principles of double entry accounting system, and the method of accounting to be and Audit.
followed shall be the mercantile system as prescribed by the State Government.
(2) The accounts of the university shall be audited at least once every year and in any
case within four months of the close of the financial year by the auditors appointed
by the Board of Management from amongst the firms of Chartered Accountants
whose partners have no interest in any of the authorities or affairs of the university.
The university shall comply with the remarks and discrepancies as shown in the audit
report in any case within one month of the receipt of such audit report, audited
accounts shall be published by the university and a copy thereof, together with the
copy of the auditor’s report shall be submitted to the State Government within one
year of the closure of the financial year.
(3) The audited accounts shall be published by the university and a copy thereof,
together with the copy of the auditor’s report and compliance report, shall be
submitted to the State Government and shall be submitted for approval before the
Board of Management in any case within six months from the close of the financial
year.
(4) The State Government shall cause the audited annual accounts of the university,
received by it, to be laid before State Legislature.
(5) The State Government shall provide for conduct of the test audit or full audit of
the accounts of the university at regular intervals by the auditors appointed by the
State Government.
16-46 GUJARAT GOVERNMENT GAZETTE, EX. 25-09-2023 [ PART IV
Annual Reports. 42. (1) The Board of Deans shall prepare the Annual Report containing the
administrative, academic, research and development and other activities of the
university, colleges and institutions under its jurisdiction, for each academic year
and submit it to the Board of Management after approval of Executive Council for
final consideration. The Board of Management shall discuss and approve the Annual
Report as received from the Board of Deans. Such report, as approved by the Board
of Management, shall be submitted to the State Government, within one year from
the conclusion of the academic year.
(2) The State Government shall cause the Annual Report to be laid before the State
Legislature.
CHAPTER XI
MISCELLANEOUS
Authorities and 43. (1) It shall be the duty of every authority or body and officer of the university
officers responsible to ensure that the interests of the university are duly safeguarded.
for damages.
(2) If it is found that a damage or loss has been caused to the university by any action
on the part of any authority or body or officer of the university, not in conformity
with the provisions of this Act, Statutes, Ordinances or Regulations, except when
done in good faith, or any failure so as to act in conformity thereof, by willful neglect
or default on its or his part, such damage or loss shall be liable to be recovered from
the authority or body or the concerned members thereof, jointly or severally, or from
the officer concerned, as the case may be, in accordance with the procedure
prescribed by the Statutes.
Membership of 44. (1) A teacher or a non-teaching employee shall not be disqualified for
State Legislature continuing as such teacher or a non-teaching employee merely on the ground that he
and Parliament.
has been selected or nominated as a member of the Legislative Assembly of the State
or of the Parliament.
(2) A teacher or a non-teaching employee selected or nominated as a member of the
Legislative Assembly of the State, or of the Parliament shall be entitled to treat the
period of his membership of the Legislative Assembly or of the Parliament as on
leave without salary and allowances.
(3) A teacher or a non-teaching employee referred to in sub-section (2) shall also be
entitled to count the period of his membership of the Legislative Assembly or of the
Parliament for the purposes of pension, seniority and increments.
Interpretation of 45. If any question arises regarding the interpretation of any provision of this
disputes, etc.. Act, or of any Statutes, Ordinance or Regulation or Rule, or whether a person has
been duly appointed or nominated or co-opted as a member or is entitled to be a
member of any authority or body of the university, the matter may, be referred, on
petition by any person or body directly affected or suo motu by the Vice-Chancellor
to the State Government, who shall after taking such advice as thinks necessary,
decide the question, and the decision shall be final :
Provided that, such reference shall be made by the Vice-Chancellor upon a
requisition signed by not less than one fourth members of the Board of Management.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 25-09-2023 16-47
46. (1) Without prior approval of the State Government, the university shall Prior approval of
not, — State Government.
(3) The State Government may, in accordance with the provisions contained in this
Act, for the purpose of securing and maintaining uniform standards in all universities
in the State, by notification in the Official Gazette, prescribe a Standard Code
providing for the classification, manner and mode of selection, appointment,
induction and advance training, field exposure, deputation and reservation of post in
favour of members of the Scheduled Castes, Scheduled Tribes, De-Notified Tribes
(Vimukta Jatis), Nomadic Tribes, and Other Backward Classes, duties, workload,
pay, allowances, post-retirement benefits, other benefits, conduct and disciplinary
matters and other conditions of service of the officers, teachers and other employees
of the universities and the teachers and other employees in the affiliated/constituent
colleges and recognised institutions (other than those managed and maintained by the
State Government, Central Government and the local authorities) and the provisions
for absorption of teachers and employees in the university departments, affiliated or
conducted colleges and institutions who are aided and rendered surplus. However,
the unaided teachers and employees who are rendered surplus in university
departments, affiliated or conducted colleges and institutions shall not be eligible, for
absorption at the aided vacancies in university departments, affiliated or conducted
colleges and institutions Where such Code is prescribed, the provisions made in the
Code shall prevail, and the provisions made in the Statutes, Ordinances and
Regulations made under this Act, for matters included in the Code shall, to the extent
to which they are inconsistent with the provisions of the Code, be invalid.
(4) Notwithstanding anything contained in this Act, if the circumstances so require
and the State Government considers it necessary to do so, it may appoint, on
deputation, a suitable person possessing the requisite qualifications to perform the
duties of the Registrar, Finance and Accounts Officer or the Director of the Board of
Examinations and Evaluation, for a period of not more than one year at a time and
not more than three years in the aggregate.
(5) The State Government through any officer not below the rank of Joint Director,
Higher Education or Technical Education shall have right to cause inspection of any
affiliated, conducted, or autonomous college recognised institution or university
department.
(6) In case of failure of the university to exercise powers or perform duties specified
in section 5, or where the university has not exercised such powers or performed such
duties adequately, or where there has been a failure to comply with any order issued
by the State Government, or under any other circumstances as the State Government
may deem fit, the State Government may issue a directive to the university for proper
exercise of such powers or performance of such duties or comply with the order; and
it shall be the duty of the university to comply with such direction. In case, the
university fails to comply with the directives, the State Government shall call upon
the University to give reasons in writing as to why the directives were not complied
with.
(7) The State Government shall carry out test audit or full audit of the accounts of a
university, college, school or institution, regularly at such intervals as it may deem
fit.
(8) Power of the State Government to issue directions/ notifications:- The State
Government shall have absolute power to issue any direction/s or notification/s from
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 25-09-2023 16-49
time to time as may be required or may deem fit for compliance of any provisions
which may be made by or not under this Act; it shall be mandatory for all Universities
to implement covered in this Act.
47. All acts and orders done or passed in good faith by the university or any of Protection of acts
its officers, authorities or bodies, or authorised person/s shall subject to the other and orders.
provisions of this Act, be final; and accordingly, no suit or other legal proceedings
shall be instituted against, or maintained, or damages claimed from the university or
its officers, authorities or bodies for anything done or passed, or purporting to have
been done or passed in good faith and in pursuance of the provisions of this Act and
the Statutes, Ordinances and Regulations.
48. Subject to the provisions of this Act and the Statutes, any officer of the Delegation of
university may, by order, delegate his or its powers, except the power to make powers.
Statutes, Ordinances and Regulations to the immediate subordinate officer of the
university, and subject to the condition that the ultimate responsibility for the
exercise of the powers so delegated shall continue to vest in the officer delegating
them.
49. No act or proceeding of the Board of Management or the Academic Council Acts and
or any other authority or anybody or committee of the university, including a proceedings
not invalid.
committee appointed by the State Government for the appointment of a Vice-
Chancellor, shall be deemed to be invalid at any time merely on the ground that –
(a) any of the members of any such authority, body or committee are not
appointed, nominated or co-opted or for any other reason are not
available to take office at the time of the constitution or to attend any
meeting thereof or any person is a member in more than one capacity
or there is any other defect in the constitution thereof or there are one
or more vacancies in the offices of members thereof;
(b) there is any irregularity in the procedure of any such authority, body
or committee not affecting the merits of the matter under
consideration, and the validity of such act or proceeding shall not be
questioned in any court or before any authority or officer merely on
any such ground.
CHAPTER XII
ESTABLISHMENT OF NEW UNIVERSITIES
50. When any new university is constituted by a notification in the Official Issue of order
providing for
Gazette under sub-section (2) of section 3, the State Government may,
matters when new
notwithstanding anything contained in this Act, by one or more orders published in University is
the Official Gazette, provide for all or any of the following matters, namely: - constituted.
(a) the appointment of the first Vice-Chancellor and other officers of the
university and the term for which they shall be appointed;
(b) the constitution of the first Board of Management and Academic
Council in such manner as it thinks fit and the term for which it shall
function;
(c) the continuance or application of such Statutes, Ordinances and
Regulations with such modifications as it may specify:
16-50 GUJARAT GOVERNMENT GAZETTE, EX. 25-09-2023 [ PART IV
Continuation of 51. Save as otherwise provided by or under this Act, every person holding office
existing officers either as an officer or the employee, whether teaching or other employee, of any
and employees. university on the date immediately before the commencement of this Act shall
continue to hold office on the same terms and conditions as were applicable to him
immediately before such date, and shall exercise such powers and perform such
duties as are conferred on them by or under this Act.
Provisions relating 52. (1) Every person holding office as a member of any authority immediately
to continuance. before the commencement of this Act shall, on the date of such commencement,
continue to hold the said office and the authority with such members shall exercise
the powers and perform the duties conferred on it by or under this Act, until the date
on which the authority is deemed to be re-constituted or a period of six months from
the date of commencement of this Act expires, whichever is later.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 25-09-2023 16-51
shall exercise all the powers and perform all the duties conferred
and imposed on the Vice-Chancellor of the respective university
by or under this Act;
(b) all colleges which stood affiliated/constituted to the university
immediately before the commencement of this Act, shall be
deemed to be affiliated/constituted to that university under this
Act till their affiliation is withdrawn by that university under this
Act;
(c) all other educational institutions which were entitled to any
privileges of the university shall be entitled to similar privileges
of that university;
(d) all property, movable or immovable, and all rights, interest of
whatsoever kind, powers and privileges of the university shall
stand transferred to and shall, without further assurance, vest in,
that university and be applied to the objects and purposes for
which that university is constituted;
(e) all benefactions accepted or received by the university and held
by it immediately before the commencement of this Act, shall be
deemed to have been accepted or received or held by that
university under this Act, and all the conditions on which such
benefactions were accepted or received or held shall be deemed
to be valid under this Act, notwithstanding that such conditions
may be inconsistent with any of the provisions of this Act;
(f) all debts, liabilities and obligations incurred before the
commencement of this Act, and lawfully subsisting against the
university, shall be discharged and satisfied by that university;
(g) any will, deed or other document made before the
commencement of this Act, which contains any bequest, gift,
term or trust in favour of the university shall be deemed to have
been made there under and for the purposes of this Act in favour
of that university;
(h) all references in any enactment or other instruments issued under
any enactment to the university before the commencement of this
Act, shall be deemed to have been construed under and for the
purposes of this Act;
(i) the appointment of examiners validly made under the said Act
and subsisting immediately before the commencement of this
Act, shall be deemed to have been made under and for the
purposes of this Act for the respective university, and such
examiners shall continue to hold office and to act until fresh
appointments are made under this Act;
(j) the teachers, who were recognised teachers of the university
under the said Act immediately before the commencement of this
Act, shall be deemed to be recognised teachers of that university
under and for the purposes of this Act and shall continue to be
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 25-09-2023 16-53
Removal of 54. (1) If any difficulty arises in giving effect to the provisions of this Act, the
difficulties. State Government may, as occasion arises, by Order published in the Official
Gazette, do anything, not inconsistent with the provisions of this Act, which appears
to it to be necessary or expedient for the purpose of removing the difficulty:
Provided that, no such Order shall be made after the expiry of the period
of two years from the date of commencement of this Act
(2) Every Order made under sub-section (1) shall be laid, as soon as may be, after it
is made, before each House of the State Legislature.
SCHEDULE
(See section 2(xx))
PART-1
LIST OF UNIVERSITIES ON THE COMMENCEMENT OF PUBLIC
UNIVERSITIES ACT, 2023.
PART-2
LIST OF UNIVERSITIES AFTER THE COMMENCEMENT OF PUBLIC
UNIVERSITIES ACT, 2023
Year of Location/
S.No. Name of University Taluka District
Establishment Village
1.
2.
3.
4.
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