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Gujarat Private Universities Act, 2009

(Gujarat Act No. 8 of 2009)

Last Updated 12th June, 2019 [guj230]

Chapter I

Preliminary

(a) "AICTE" means All India Council for Technical Education established under section 3 of the All India Council for Technical Education Act, 1987 (52 of 1987);

(b) "CSIR" means the Council of Scientific and Industrial Research, New Delhi, a funding agency of the Central Government;

(c) "distance education" means imparting of education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more of such means;

(d) "DST" means the Department of Science and Technology of the Central Government;

(e) "Fee" means collection made by the University from the students for different purposes under different heads and which is non refundable;

(f) "Government" means the Government of Gujarat;

(g) "Higher Education" means study of a curriculum or course for the pursuit of knowledge beyond 10+2 level;

(h) "Hostel" means a place of residence for the students of the University, or its colleges, institutions or centers, maintained or recognised to be as such by the University;

(i) "ICAR" means the Indian Council of Agricultural Research, a society registered under the Societies Registration Act, 1860;

(j) "MCI" means Medical Council of India constituted under the Medical Council Act, 1956;

(k) "NAAC" means the National Council of Assessment and Accreditation, an autonomous institution of the UGC;

(l) "NCTE" means the National Council for Teacher Education established under the National Council for Teacher Education Act, 1993 (73 of 1993);

(m) "Off Campus Centre" means a centre established by the University outside the main campus but within the State of Gujarat operated and maintained as its constituent unit, having the University's complement of facilities, faculty and staff;

(n) "PCI" means Pharmacy Council of India constituted under section 4 of the Pharmacy Act, 1948 (8) of 1948;

(o) "prescribed" means prescribed by rules made under this Act;

(p) "Regulatory Body" means a body established by the Central Government, for laying down the norms and conditions for ensuring academic standards of higher education, such as UGC, AICTE, NCTE, MCI, PCI, NAAC, ICAR, DEC, CSIR;

(q) "Regulations" means regulations made by any authority of the University under section 30;

(r) "Rule" means rules made under section 44;

(s) "Schedule" means the Schedule appended to this Act;

(t) "sponsoring body" in relation to a University established under this Act means-

(i) a society registered under the Societies Registration Act, 1860 (21 of 1860); or

(ii) a public trust registered under the Bombay Public Trusts Act, 1950 (Bombay 29 of 1950): or

(iii) a company registered under section 25 of the Companies Act, 1956 (1 of 1956); or

(iv) a society or trust registered, under the law of any other State;

(u) "Statutes" and "Ordinances" means the Statutes and the Ordinances of the University;

(v) "Student" means a student of the University and includes any person enrolled in the University for pursuing any course of study for a degree, diploma or other academic distinction duly instituted by the University, including a research degree;

(w) "Study centre" means a centre established, maintained or recognised by the University for the purpose of advising, counseling or for rendering any other assistance required by the students in the context of distance education in the State of Gujarat;

(x) "Teacher" means a Professor, Reader, lecturer or any other person required to impart education or to guide research or to render guidance in any other form to the students for pursuing a course of study of the University;

(y) "UGC" means the University Grants Commission established under section 4 of the University Grants Commission Act, 1956;

(z) "University" means a University established and incorporated under section 3.

Chapter II

Establishment of University

(a) to provide for instruction, teaching and training in the University in the field of higher education and make provisions for research, advancement and dissemination of knowledge;

(b) to establish, maintain and manage institutions and centres of excellence, to create, organize, preserve and disseminate knowledge in the fields of sciences, technology, humanities, social sciences, education, management, commerce, law, pharmacy, healthcare, and any other field and to provide research higher education, professional education, distance learning and e-learning facilities of high order, as per their current status or as they may develop in future;

(c) to develop infrastructure for research, higher education, professional education, teaching, training, extension and outreach, including continuing education, distance learning and e-learning, to create capabilities for upgrading infrastructure to global standards;

(d) to offer the academic programmes of the University through distance education, online education, correspondence and any other mode, matching with the environmental developments such as technology need, after obtaining appropriate approvals from the regulatory bodies;

(e) to set up off-campus centres, study centres and examination centres within the State, subject to the permission of the regulatory bodies under any law made by the Parliament and any regulation, rules, etc. made by the regulating bodies;

(f) to create higher levels of intellectual abilities;

(g) to establish state of the art facilities for education and training;

(h) to carry out teaching and research and offer continuing education programmes;

(i) to create centres of excellence for research and development and for sharing knowledge and its application;

(j) to provide consultancy to the industry and public organisations;

(k) to establish main campus or infrastructure in the State of Gujarat necessary for the furtherance of its objects;

(l) to establish examination centers;

(m) to confer degrees, diplomas, grant certificates and other academic distinctions on the basis of examination or any other method of evaluation subject to the guidelines of the UGC;

(n) to develop training facilities in the field of higher education;

(o) to provide for arrangement for national and global participation in the field of higher education;

(p) to develop education programmes for certificates, diplomas, degrees and post-graduates courses, doctorate degrees and post-doctoral programmes and to maintain a high standard of education, to collaborate with national and global institutions, to offer programmes and to create capabilities for upgrading programmes to the global standards subject to the guidelines of the UCG;

(q) to ensure that the standard of the degrees, diplomas, certificates and other academic distinctions are riot lower than those laid down by AICTE, NCTE, UGC, MCI and Pharmacy Council, and any other similar agency established by the Central Government for regulating the standard education;

(r) to establish close linkage with the industry, business, educational institutions and other sections of the society to make teaching, research, training, documentation, publication, use of various media and outreach activities at the University relevant to the needs of the University and society, at national and international level;

(s) to pursue any other objectives as may be approved by the State Government:

(i) to administer and manage A University, establish, administer and manage its constituent colleges and centres for research, education, training, extension and outreach including continuing education, distance learning and e-learning at is campus within the Stale of Gujarat;

(ii) to provide for research, higher education, professional education, teaching, training, extension and outreach including continuing education, distance learning and e-learning in the fields of science, technology, humanities, social sciences, education, management, commerce, law, pharmacy, healthcare and any other fields;

(iii) to conduct innovative experiments in educational technologies, teaching and learning methods, to collaborate with national and international institutions and to offer joint programmes with such institutes to constantly improve the delivery of education and to achieve international standards of education;

(iv) to prescribe courses, curricula and methodologies including electronic and distance learning end provide for flexibility in the delivery of education.

(v) to hold examinations and confer degrees, diplomas or grant certificates and other academic distinctions or titles on persons subject to such condition as the University may determine and to withdraw or cancel any such degrees, diplomas or certificates and other academic distinctions or titles in the manner prescribed by the Regulations;

(vi) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;

(vii) to establish schools, centers, institutes, colleges and conduct the programmes and courses of study as are in the opinion of the University, necessary for the furtherance of its objects;

(viii) to declare as a constituent college any college, centre institution imparting education as are in the opinion of the University, necessary for the furtherance of its objects or to establish a new constituent college, centre institution for the purpose;

(ix) to provide for printing, publication and reproduction of research, educational material and other works and to organize exhibitions, conferences, workshops and seminars;

(x) to establish knowledge resource centre;

(xi) to sponsor and undertake research and educational programmes in the fields of science, technology, humanities, social science, education, management, commerce, law, pharmacy, healthcare and any other allied areas;

(xii) to collaborate or associate with any educational institution with like or similar objects;

(xiii) to establish campuses including virtual campus for the purpose of achieving the objectives of the University;

(xiv) to undertake research and to obtain registration in respect of such research in the nature of patents, design rights and such of similar rights with the competent authorities;

(xv) to maintain linkages and collaborate with educational of other institutions in any part of the world having objects wholly or partially similar to those of the University, through exchange of students, researchers, faculty and staff and generally in such manner as may be conducive to their common objects;

(xvi) to renders services of research, training, consultancy and such other services as required for the purpose of the University;

(xvii) to develop and maintain relationships with faculty, researchers, administrators and domain experts in science, technology, humanities, social science, education, management, law, commerce, pharmacy, healthcare and allied area for achieving the objects of the University;

(xviii) to regulate the expenditure and to manage the finances and to maintain the accounts of the University;

(xix) to receive funds, movable and immovable properties, equipments, software and other resources from business, industry, other sections of society, national and international organization or any other source by transfers or as gifts, donations, benefactions or bequests for the purposes and objects of the University;

(xx) to establish, maintain and manage halls, hostels for students and quarters for the residence of faculty and staff;

(xxi) to construct, manage and maintain centers, complexes, auditorium, buildings, stadium for the advancement of sports, cultural, co-curricular and extra- curricular activities;

(xxii) to supervise and control the residence and regulate the discipline of students, faculty arid staff of the University and to make arrangements for promoting, their health, general welfare, social and cultural activities;

(xxiii) to fix, demand and receive or recover fees and such other charges as may be prescribed b> the Statutes;

(xxiv) to institute and award fellowships, scholarships, prizes, medals and other awards;

(xxv) to purchase or to take on case or accept is gifts, bequests, legacies or otherwise any land or building or works which may be necessary or convenient for the purpose of the University and on such terms and conditions as it may think fit and proper and to construct or alter and maintain any such building or works;

(xxvi) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, on such terms as it may think fit and consistent with the interest, activities and objects of the University;

(xxvii) to draw and accept, to make and endorse, to discount and negotiate promissory notes, bills of exchange, cheques and other negotiable instruments;

(xxviii) to raise and borrow money on bond, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities and upon such terms and conditions as it may think fit and to payout of the funds of the University, all expenses incidental to the raising of money, and to repay and redeem any money borrowed;

(xxix) to invest the funds of the University in or upon such securities and transpose any investment from time to time in such manner as it may deem fit in the interest of the University;

(xxx) to execute conveyances regarding transfer, mortgages, leases, licenses, agreements, and other conveyances in respect of property, movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University;

(xxxi) to admit students for the courses offered by the University in the manner prescribed by the Ordinances;

(xxxii) to create academic, technical, administrative, ministerial and other posts prescribing qualifications by the Ordinances and to make appointments thereto;

(xxxiii) to regulate and enforce discipline among the students, employees of the University and to provide for such disciplinary measures as may be prescribed by the Regulations;

(xxxiv) to institute professorships, associate professorships, assistant professorships, readerships, lectureships, and any other teaching, academic or research posts and to prescribe by the Statutes, the qualifications for the persons to be appointed on such posts;

(xxxv) to appoint qualified persons as professors, associate professors, assistant professors, readers, lecturers or as teachers and researcher or other officers of the University;

(xxxvi) to co-operate with other Universities, and acquire membership of, bodies, authorities, or associations, which may have been formed for the advancement of learning, science or research, or for the dissemination of knowledge or for the physical and moral welfare oi students, in such manner and for such purpose as the University my determine by Statutes;

(xxxvii) to delegate all or my of its powers (except the power to make regulation) to any officer or authority of the University, and;

(xxxviii) to do all such acts and things as the University may consider necessary conducive or incidental to the attainment or enlargement of all or any of the objects of the University;

(a) The details of the sponsoring body along with the copies of its registration certificate under the Societies Registration Act, 1860 or the Bombay Public Trusts Act, 1950 or the Companies Act, 1956 or registration certificate of a society or trust registered under the law of any other State and constitution and bye-laws thereof;

(b) The information regarding financial resources of the sponsoring body along with audited accounts for the past five years;

(c) The name, location and headquarters of the proposed University;

(d) The objectives of the University.

(e) The availability of land and details of buildings and infrastructure facilities, if already exist;

(f) Availability of academic facilities including teaching and non-teaching staff, if any, at the disposal of the sponsoring body;

(g) The details of plans for campus development such as construction of buildings, development of structural amenities and infrastructure facilities and procurement of equipment, etc. to he undertaken before the University starts functioning and phased programme for initial three years;

(h) The phased outlays of capital expenditure proposed for the next three years and its sources of finance:

(i) The nature and type of programmes of study and research proposed to be undertaken by the University and their relevance to the development goals and employment needs of the State and phasing of such programmes over the initial three years with course wise enrolment targets;

(j) The experience and expertise in the concerned disciplines at the command of the sponsoring body;

(k) The nature of facilities, courses of study and research proposed to be started;

(l) The estimated recurring expenditure course-wise or activity-wise, sources of finance and estimated expenditure per student;

(m) The Scheme for mobilizing resources and the cost of capital thereto and the manner of repayment to such sources;

(n) The scheme for the generation of funds internally through the recovery of fee from students, revenues anticipated from consultancy services and other activities relating to the objects of the University, and other anticipated incomes;

(o) The proposed fee structure with reference to the details of expenditure on unit cost and the extent of concessions or rebates in fee or free-ships and scholarships to the poor students form economically poor or socially backward families, including Scheduled Castes, Scheduled Tribes, Other Backward Classes and handicapped students;

(p) The System proposed to be followed for selecting students for admission to the courses of study at the University except in cases of Professional Educational College or Institutions as defined in the Gujarat Professional Technical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 or the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007;

(q) The manner for appointment of teachers and other employees in the University;

(r) The details of study centres proposed to be started, if the University takes up distance education programme;

(s) The nature of specialized teaching, training or research activities to be undertaken by the University so as to fulfill its objectives, if the University proposes to undertake some programmes related to local needs;

(t) The relevant details must also be provided if the University proposes to start some programmes for the benefit of farmers, women and industries;

(u) The details of play grounds and other facilities available or proposed to be created for games and sports and extra curricular activities like National Cadet Corps, National Service Scheme, Scouts and Guides, etc.;

(v) The arrangement proposed to be made for academic auditing;

(w) Justification regarding the necessity of establishment of the proposed University;

(x) Commitment to follow the norms of the regulating bodies;

(y) Such other detail as the sponsoring body may like to give:

(z) Such other details as may be prescribed.

Chapter III

Officers of University

(a) The President;

(b) The Provost;

(c) The Register;

(d) The Chief Finance and Accounts Officer; and

(e) Such other officers as may be declared by the Statutes to be the Officers of the University.

(a) to call for any information or record;

(b) to appoint the provost;

(c) to remove the Provost in accordance with the provisions of sub-section (6) of section 15;

(d) such other powers as may be prescribed by the Statutes.

(i) an eminent professional to be nominated by the Board of Management;

(ii) an eminent educationlist to be nominated by the Board of Management; and

(iii) one member of the Board of Management to be nominated by the President:

Chapter IV

Authorities of University

(a) The Governing Body;

(b) The Board of Management;

(c) The Academic Council; and

(d) such other authorities as may be declared by the Statutes to be the authorities of the University.

(a) The President;

(b) The Provost;

(c) Four persons to be nominated by the sponsoring body out of whom two shall be eminent educationlist;

(d) Two Deans or Directors of the constituent schools for centres of the University, by rotation, to be nominated by the Provost;

(e) One expert of Management or Information Technology from outside the University to be nominated by the Governing Body;

(f) Three experts representing other disciplines such as finance, legal, social sector to be nominated by the Governing Body;

(g) One eminent industrialist to be nominated by the Government Body; and

(h) Secretary to the Government of Gujarat, Higher and Technical Education or his representative not below the rank of Deputy Secretary to Government or the Deputy Commissioner - ex-officio.

(b) An ex-officio member shall continue so long as he holds the office by virtue of which he is such a member.

(c) As nearly as one third of the nominated members, except the ex-officio member shall retire by rotation each year. In the first two instances, the Board may decide the procedure to identify the members who will retire.

(d) A member may be re-nominated for the next term.

(e) A member may resign his office by writing under this hand, addressed to the Chairperson, but he shall continue in office until his resignation has been accepted by the Chairperson.

(a) to provide general superintendence and directions and to control functioning of the University by using all such powers as are provided by this Act or the Statutes, Ordinances, Regulations or Rules made thereunder;

(b) to review the decisions of other authorities of the University in case they are not in conformity with the provisions of this Act or the Statutes, Ordinances, Regulations or Rules made thereunder;

(c) to approve the budget and annual report of the University;

(d) to lay down the extensive policies to be followed by the University;

(e) to recommend to the sponsoring body about the voluntary liquidation of the University; and

(f) such other powers as may be prescribed by the Statutes.

(a) the President;

(b) the Provost;

(c) two members of the Governing Body, to be nominated by the Sponsoring Body;

(d) two persons, who are not the members of the Governing Body, to be nominated by the Sponsoring Body;

(e) three persons from amongst the faculty members of the University, to be nominated by the Sponsoring Body; and

(f) one faculty members, to be nominated by the President.

(a) he is of unsound mind and stands so declared by a competent court;

(b) he is an undischarged insolvent;

(c) he has been convicted of any offence involving moral turpitude;

(d) he is conducting or engaging himself in private coaching with or without pecuniary gain; or

(e) he has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere.

Chapter V

Statutes, Ordinances and Regulations

(a) the constitution, powers and functions of the authorities and other bodies of the University as may be constituted from time to time;

(b) the terms and conditions of appointment of the Provost, his powers and functions;

(c) the manner and terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer, their powers and functions;

(d) the manner and terms and conditions of appointment of other officers and teachers and their powers and functions;

(e) the terms and conditions of service of employees of the University;

(f) the procedure for arbitration in cases of disputes between employees or students and the University;

(g) the conferment of honorary degrees;

(h) the provisions regarding exemption from payment of tuition fee and awarding scholarships and fellowships to the students;

(i) framing of policy for admissions, including regulation of reservation of seats; and

(j) fees to be charged from students.

(a) Creation of new authorities of the University;

(b) Accounting policy an financial procedure;

(c) Representation of teachers in the authorities of the University;

(d) Creation of new departments and abolition or restructuring of existing department;

(e) Institution of medals and prizes;

(f) Procedure for creation and abolition of posts;

(g) Revision of fees;

(h) Alteration of the number of seats in different disciplines; and

(i) All other matters which by or under the provisions of this Act required to be prescribed by the Statutes.

(a) The admission of students to the University and their enrolment as such;

(b) The courses of study to be laid down for degrees, diplomas and certificates of the University;

(c) The award of degrees, diplomas, certificates and other academic distinctions, the minimum qualifications for the same;

(d) The conditions for award of fellowships, scholarships, stipends, medals and prizes;

(e) The conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;

(f) Fees to be charged for the various courses examinations, degrees or diplomas of the University;

(g) The conditions of residence of the students of the University;

(h) Provision regarding disciplinary action against the students;

(i) The creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;

(j) The manner of co-operation and collaboration with other Universities and institutions of higher educations;

(k) Such other matters which are required to be provided by the Ordinances by or under this Act.

Chapter VI

Regulation of University

Chapter VII

Funds of University

(a) Fees and other charges received by the University;

(b) Any contributions made by the sponsoring body;

(c) Any income received from consultancy and other work undertaken by the University in pursuance of its objections;

(d) Trust, bequests, donations, endowments and any other grants; and

(e) All other sums received by the University;

(a) For the repayment of debts including interest charges thereto incurred by the University for the purpose of this Act and the Statutes, the Ordinances, the Regulations and the Rules made thereunder with the prior approval of the Governing Body;

(b) To upkeep the assets of the University;

(c) For the payment of the fee for audit of the funds created under sections 36 and 37;

(d) To meet with expenses of any suit or proceedings by or against the University;

(e) For the payment of salaries, allowances, Provident Fund contributions, gratuity and other benefits to officers, employees and members of the teaching and research staff;

(f) For the payment of travelling and other allowances of the members of the Governing Body, the Board of Management, the Academic Council, other authorities and the members of any committee appointed by any of the authority or the chairperson of the sponsoring body or the Provost;

(g) For the payment of fellowships, freeships, scholarship, assistantships and other awards to the students belonging to economically weaker sections of the society or research associates, trainees or, as the case may be, to any student otherwise eligible for such awards under the Statutes, the Ordinances, the Regulations or the Rules;

(h) for the payment of any expenses incurred by the University in carrying out the provisions of this Act or the Statutes, the Ordinances, the Regulations or the Rules;

(i) for the payment of cost of capital, not exceeding the prime lending rat from time to time of the State Bank of India, incurred by the Sponsoring Body for setting up the University and the investments made therefor;

(j) for the payment of charges and expenditure relating to the consultancy work undertaken by the University in pursuance of the provisions of this Act and the Rules, the Statutes or the Ordinances made thereunder;

(k) for the payment of any other expenses including service fee payable to any organization charged with the responsibility of providing any specific service, including the managerial services to the University, on behalf of the sponsoring body, as approved by the Board of Management to be an expense for the purposes of the University;

Chapter VIII

Accounts, Audit and Annual Report

Chapter IX

Winding Up of University

(a) Summoning and enforcing the attendance of any person and examining him on oath;

(b) Requiring the discovery and production of any such document or any other material as may be predicable in evidence;

(c) Requisitioning any public record from any court or office.

Chapter X

Miscellaneous

(a) the manner of making proposal to establish University and the fees payable under section 6;

(b) other particulars of the Project Report under clause (z) of section 7;

(c) other matters of the Statutes under sub-section (1) of section 27;

(d) arrangements for the administration of the University on the dissolution of the Sponsoring Body under sub-section (2) of section 41.

Schedule

(See section 3)