The Gujarat Ayurved University Act, 2021
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3. Establishment and incorporation of University
- (1) There shall be a University established by the name “The Gujarat Ayurved University”.
- (2) The Chancellor, the Vice-Chancellor, the Board of Governors, the Academic Council, the Finance Committee, the Council of Post-Graduate Studies and Research, the Directors, and all other persons who may hereafter become such officers or members of the authorities so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name “The Gujarat Ayurved University”.
- (3) The University shall function as an affiliating and a teaching University and it shall affiliate any college or institution for the courses leading to conferment of degrees, diplomas or grant certificate to the students admitted therein.
- (4) The University shall have perpetual succession and common seal, and may sue and be sued by the said name.
- (5) The University shall be competent, to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which may vest in or be acquired by it for the purposes of the University, to raise loans on the securities of its assets and to contract and do all other things necessary for the purposes of this Act: Provided that no such sale, lease or transfer of such property shall be made or the power to raise any such loan shall be exercised without the prior sanction of the
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4. State Government.
Headquarters of University The headquarters of the University shall be at such place as the State Government may, by notification in the Official Gazette, specify.
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5. Objects of University
The objects of the University shall be to disseminate, create and preserve knowledge and understanding by teaching, research, extension in the field of Ayurved and allied subjects and in relation to the domain of Ayurved and allied subjects and such other related domain of Ayurved. The prime object of the University shall be to create centres and institutions of excellence in Ayurved and allied subjects in particular and other objects shall be as follows, namely:-
- (i) to create institutions and centres of excellence for imparting state of the arts education, training, instruction and conducting research in the field of Ayurved and allied subjects;
- (ii) to create capabilities for advancement of knowledge, skill and competency at various levels;
- (iii) to create capabilities for upgrading the infrastructure of global standard for education, training and research in the areas related to Ayurved;
- (iv) to develop patterns of teaching and training at various levels of educational accomplishment so as to set high standards of education in Ayurved;
- (v) to function as a leading resource centre for knowledge management in the areas of Ayurved and allied subjects;
- (vi) to provide inter-relationship for national and global participation in the field of Ayurved;
- (vii) to establish close linkages with concerned industry to make teaching, training and research at the University, relevant to the needs of the society, and national and global levels;
- (viii) to make such provisions as would enable affiliated colleges and institutions to undertake specialization of studies; and
- (ix) to establish, maintain or take over by agreement and manage colleges, departments, institutes and centres of research or specialised studies.
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6. University open to all irrespective of sex, religion, class, creed or opinion
- (1) No person shall be excluded from any office of the University or from membership of its authorities or bodies, committees or from admission to any degree, diploma, certificate or other academic distinction or course of study on the sole ground of sex, race, creed, cast, class, place of birth, religious belief or political or other opinion.
- (2) It shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, creed, cast, class, place of birth, religious belief or profession or political or other opinion in order to entitle him to be admitted as a teacher or a student or to hold any office or post in the University or to qualify for any degree, diploma or any other academic distinction or to enjoy or exercise any privilege of the University or any benefaction thereof.
- (3) The University shall adopt the Government policy, orders and directions issued from time to time, in regard to the reservation for Scheduled Castes, Scheduled Tribes, Other Backward Classes and any other reservation for appointments, admission of students, etc. in the affiliated colleges, University departments, or conducted colleges and institutions.
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7. Powers and functions of University
- (1) Subject to such conditions as may be prescribed by or under the provisions of this Act, the University shall exercise following powers and perform the following functions, namely: -
- (i) to administer and manage the University and to establish such colleges, institutes and centres of research, education and instruction as are necessary for the furtherance of the objects of the University;
- (ii) to provide for instruction, training and research in such branches of knowledge or learning pertaining to Ayurved and allied subjects;
- (iii) to conduct innovative experiments in new methods and technologies in the field of Ayurved and allied subjects in order to achieve international standards of such education, training and research;
- (iv) to prescribe courses of studies and curricula and to provide for flexibility in the education system and delivery methodologies;
- (v) to hold examinations and confer degrees, diplomas and grant certificates and other academic distinctions or titles on persons subject to such conditions as the University may determine, and to withdraw or cancel any such degrees, diplomas, certificates or other academic distinctions or titles in the prescribed manner;
- (vi) to confer honorary degree or other distinctions in the prescribed manner;
- (vii) to establish such special centres, specialised study centres for research and instruction as in the opinion of the University for the furtherance of its objects;
- (viii) to provide for planning, reproduction and publication of research and other works and to organise exhibitions, workshops, seminars, conferences, etc.;
- (ix) to sponsor and undertake research in all aspects of Ayurved and allied subjects and its management;
- (x) to offer management development programmes for the Institutes of Ayurved and allied subjects;
- (xi) to collaborate or associate with, advise, administer, control, develop maintain any educational institutions with like or similar objects;
- (xii) to develop and maintain linkages with educational, research or other institutions in any part of the world having objects wholly or partly similar to those of the University, through exchange of teachers, scientists, researchers, students and scholars and generally in such manner as may be conducive to their common objects;
- (xiii) to regulate the expenditure, manage the finances and to maintain accounts of the University;
- (xiv) to receive grants, donations, subscription, subventions and gifts for the purpose of University and consistent with the objects of the University and to enter into any agreement with the Central Government, the State Government, the University Grants Commission or any concerned National statutory councils or bodies at Central or State level for receiving any grants or funding;
- (xv) to receive fund from national and international organisations or any other sources as donation, gifts, benefactions, bequests by transfers of movable or immovable properties for the purposes and objects of the University;
- (xvi) to establish, maintain and manage for the residence of students and accommodation for teachers, officers and employees of the University;
- (xvii) to supervise and control of residence and regulate the discipline of students of the University and to make arrangements for promoting their health and general welfare and cultural activities; (xviii) to fix, demand, and receive or recover fees and such other charges as may be prescribed;
- (xix) to institute and award fellowships, scholarships, prizes, medals and other awards;
- (xx) to purchase or to take on lease or accept as gifts or otherwise any land or building or works which may be necessary or convenient for the purpose of the University on such terms and conditions as it may think fit and to construct, alter and maintain any such buildings or works;
- (xxi) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, whether movable or immovable, on such terms as it may think fit, consistent with the interest, activities and objects of the University, with the previous sanction of the State Government;
- (xxii) to draw and accept, to make and endorse, discount and negotiate promissory notes, bills of exchange, cheques or other negotiable instruments; (xxiii) to raise and borrow money on bond, mortgage, promissory note or other obligations and securities founded or based upon all or any of the proprieties and assets of the University or without any securities on such terms and conditions as it may think fit and to pay out of the funds of the University, all expenses incidental to the raising of money, to repay and redeem any money borrowed with the previous sanction of the State Government;
- (xxiv) to invest the fund of the University in or upon such securities and transpose any investments from time to time in such manner as it may deem fit in the interest of the University;
- (xxv) to execute conveyance regarding transfer, mortgage, lease licenses, agreements and other conveyance in respect of the property, whether movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University with the previous sanction of the State Government;
- (xxvi) to admit the students for the courses offered by the University in the prescribed manner; (xxvii) to create academic, technical, administrative, ministerial and other posts with the previous sanction of the State Government and make appointments thereto; (xxviii) to regulate and enforce discipline among the officers and employees of the University and to provide for such disciplinary measures as may be prescribed;
- (xxix) to institute professorship, associate professorship/ readership, assistant professorship/lectureship, endowed professorship, honorary professorship, adjunct professorship and any other teaching, academic or research posts and to prescribe qualifications for the persons to be appointed on such posts;
- (xxx) to recognise the institution as recognised institutions for the purpose of higher learning, research or specialised studies other than affiliated college or institution;
- (xxxi) to approve hospital, health centre or such other institution for practical training required by a course of study before the conferment of degree, diploma, certificate and other academic distinction; (xxxii) to prescribe code of conduct for the managements of the affiliated colleges, institutions, approved or recognised institutions; (xxxiii) to delegate all or any of its powers (except the powers to make regulations) to any other officers or authorities of the University; (xxxiv) to upgrade the skill and knowledge of teaching and non-teaching staffs of the University colleges by developing a mechanism for arranging induction training programmes, orientation programmes, refresher courses, etc.;
- (xxxv) to undertake development programmes in Ayurved and allied subjects and research, consultancy based projects and training programmes for outside agencies, by charging fees to generate resources; without diverting from the objects of the University. (xxxvi) to do such other acts and things as the University may consider necessary, conducive or incidental to the attainment or enlargement of all or any of the objects of the University.
- (2) Without prior approval of the State Government, the University shall not,
- (a) create any new posts of teachers, officers or other employees;
- (b) revise pay-scales, allowances, post-retirement benefits and any other benefit of its teachers, officers and other employees;
- (c) divert any earmarked funds received for any purpose other than that for which it is received from the Government, University Grants Commission or any other statutory commission or bodies;
- (d) take any decision regarding affiliated colleges or institutions resulting in increased financial liability, direct or indirect for the Government: Provided, that the University shall be competent to incur expenditure from the fund received from various sources, where no sharing or contribution from the Government, or the academic programmes or projects started on self-supporting basis.
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8. Jurisdiction of University
- (1) The jurisdiction of the University shall extend to the whole of the State of Gujarat.
- (2) The Government may at any time, by notification in the Official Gazette, transfer any Government college of Ayurved and allied subjects to the University on such terms and conditions as it may specify in the said notification and from the date of such transfer the said college or institution shall be a University college or institution.
- (3) The University may impose such terms and conditions upon the colleges or institutions as it may consider necessary, conducive or incidental to the attainment of all or any of the objects of the University.
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9. Chancellor
- (1) The Governor of the State of Gujarat shall be the Chancellor of the University.
- (2) The Chancellor shall, by virtue of his office, be the Head of the University and preside at any convocation of the University.
- (3) The Chancellor shall have such other powers as may be conferred on him by this Act or the regulations.
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10. Inspection and Inquiry
- (1) The Chancellor shall have a right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, libraries and equipments of any college, institution or centre maintained or affiliated to, the University, and also of the teaching and other work conducted by the University and of the conduct of examinations held by the University, college or institution affiliated to the University, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration, academic affairs and finances of the University.
- (2) The Chancellor shall in every case give notice to the University of its intention to cause an inspection or an inquiry to be made and the University shall be entitled to be represented thereat.
- (3) The Chancellor shall communicate to the University his views with reference to results of such inspection or inquiry and advise the University the action to be taken in the matter.
- (4) Where the University does not within the reasonable time, take action to the satisfaction of the Chancellor, the Chancellor may issue such direction to the University as he thinks fit and the University shall comply with such direction.
- (5) The State Government may, whenever deems fit, cause a like inspection or inquiry to be made in the manner prescribed in sub-sections
- (1) to
- (3) and shall have, for the purposes of such inspection and inquiry, all the powers of the Chancellor under the said sub-sections
- (1) to (3).
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11. Vice-Chancellor
- (1) The Vice-Chancellor of the University shall be appointed by the Chancellor in consultation with the State Government from amongst three persons recommended under sub-section
- (3) by the Committee appointed for the purpose under sub-section (2). (2)
- (a) The Chancellor for the purpose of sub-section
- (1) shall appoint a Committee which shall consist of the following members, namely: -
- (i) two members to be appointed, one each by the Chancellor and the State Government who shall be eminent persons and educationalist in the field of Ayurved and allied subjects not
connected with the University or with any affiliated college or
institution or approved institutions;
- (ii) one member to be nominated by the National Commission for Indian System of Medicine (NCISM); and
- (iii) one member to be nominated by the University Grants Commission.
- (b) The Chancellor shall appoint one of the members of the Committee as its Chairman.
- (3) The Committee so appointed under sub-section
- (2) shall within such time and in such manner as directed by the State Government, select three persons whom it considers fit for being appointed as a Vice-Chancellor and shall recommend to the State Government the names of the persons so selected together with such other particulars as it deems fit.
- (4) The person to be appointed as a Vice-Chancellor shall-
- (i) be an eminent educationalist, scientist in the field of Ayurved and administrator having vision for the development of education and research development;
- (ii) not have attained the age of 65 years on the date of nomination or re-nomination
- (5) The Vice-Chancellor shall hold office for a term of three years and shall be eligible for re-nomination on that office for a further term of three years only which shall be the final term.
- (6) The emoluments and other terms and conditions for the Vice - Chancellor shall be such as may be determined by the State Government.
- (7) Whenever a temporary vacancy occurs in the office of the Vice- Chancellor and cannot be conveniently and expeditiously filled up in accordance with the provisions of sub-section (1), one of the Directors or in absence of the Director one of the Principals nominated by the State Government shall carry on the current duties of the office of the Vice-Chancellor.
- (8) The Vice-Chancellor may resign from his office by writing under his hand addressed to the Chancellor and such resignation shall take effect from the date it is acceptance by the Chancellor.
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12. Powers of Vice-Chancellor
- (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor, preside at any convocation of the University and shall preside at the meetings of the Board of Governors, the Academic Council and the Finance Committee.
- (2) The Vice-Chancellor shall ensure that the provisions of this Act and the regulations are faithfully observed and he shall have all the necessary powers for this purpose.
- (3) The Vice-Chancellor shall,-
- (i) exercise general supervision and control over the affairs of the University;
- (ii) ensure implementation of the decisions of the authorities of the University;
- (iii) be responsible for imparting of instruction and maintenance of discipline in the University; and
- (iv) exercise such other powers and perform such other duties as may be assigned to him by or under this Act or the regulations or as may be delegated to him by the Board of Governors or the Chancellor.
- (4) In any emergency which, in the opinion of the Vice-Chancellor require that immediate action should be taken, he shall take such action as he deems fit and shall at the earliest opportunity thereafter furnish information about his action to such authority or body as would have in the ordinary course dealt with the matter: Provided that if such authority or body is of the opinion that such action ought not to have been taken by the Vice-Chancellor, it may refer the matter to the Chancellor who may either confirm the action taken by the Vice Chancellor or annul the same or modify it in such manner as he thinks fit and thereupon it shall cease to have effect or as the case may be, shall take effect in such modified form, however, such modification or annulment shall be without prejudice to the validity of anything previously done by or under the orders of the Vice- Chancellor.
- (5) Where the exercise of the powers by the Vice- Chancellor under sub-section (4) involves the appointment of any person, such appointment shall be confirmed by the competent authority empowered to approve such appointment in accordance with the provisions of this Act and the regulations not later than six months from the date of the order of the Vice-Chancellor, otherwise such appointment shall cease to have effect on the expiration of a period of six months from the date of the order of the Vice- Chancellor.
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