The Gujarat Ayurved University Act, 2021
Chapter VI SUPPLEMENTARY PROVISIONS
Chapter VI SUPPLEMENTARY PROVISIONS
41. Fund of University
- (1) The University shall establish, a fund to be called the “University Fund” consisting of:-
- (i) any contribution or grant or loan by the State Government and the Central Government;
- (ii) the income of the University from all sources including income from the fees and charges;
- (iii) bequest, donations, gifts, endowments and other grants; if any,
- (iv) the money received by the University from the collaborating organisation or industry in terms of the provisions of the Memorandum of Understanding between these two for establishment of sponsored chairs, fellowship and infrastructure facilities of the University.
- (2) All funds of the University shall be deposited in such Banks or invested in such manner as the Board of Governors may decide on the recommendation of the Finance Committee.
- (3) The funds of the University shall be applied towards the expenses of the University including expenses incurred in the exercise of its powers a discharge of its functions by or under this Act.
Chapter VI SUPPLEMENTARY PROVISIONS
42. Accounts and audit
- (1) The University shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including income and expenditure account and the balance sheet in such form and in such manner as may be prescribed.
- (2) The University shall adopt a proper system of internal checks and balances and controls in the discharge of its financial, accounting and auditing functions as may be prescribed.
- (3) The accounts of the University shall be audited every year by an auditor, who shall be the Chartered Accountant, as defined in the Chartered Accountants Act, 1949 or a firm of Chartered Accountant to be appointed by the Board of Governors.
- (4) The accounts of the University certified by the Chartered Accountant or firm appointed or any other person authorised in this behalf, together with audit report thereon shall be placed before the Board of Governors and the Board of Governors may issue such instructions to the University in respect therefor as it deems fit and the University shall comply with such instructions.
- (5) An internal auditor shall audit the accounts of the University to ensure concurrent audit of all book of accounts and such periodical internal report shall be placed before the Board of Governors for review.
Chapter VI SUPPLEMENTARY PROVISIONS
43. Submission of annual report
- (1) The University shall prepare for each financial year an annual report containing such particulars as the Board of Governors may specify and shall submit to the Board of Governors on or before such date as may be prescribed. The Board of Governors shall consider such report and may pass resolution thereon and thereupon the Finance Committee shall take action in accordance with such resolution and if no action is taken, the reasons for taking no action shall be communicated to the Board of Governors.
- (2) The copy of the Annual Report along with the resolution of the Board of Governors thereon shall be submitted to the State Government.
Chapter VI SUPPLEMENTARY PROVISIONS
44. Pension, Provident Fund and Insurance
- (1) The University shall, with the approval of the Board of Governors, constitute for the benefit of its officers, teachers and other employees, in such manner and subject to such conditions as may be prescribed, such schemes of pension, provident fund, insurance as it may deem fit, and also aid in establishment and support of the associations, funds, trusts and conveyance calculated to benefit of the officers, teachers and other employees of the University.
- (2) Where any such provident fund has been so constituted, the provision for the Provident Fund Act, 1925 shall apply to such fund as if it is a Government Provident Fund.
Chapter VI SUPPLEMENTARY PROVISIONS
45. Acts and proceedings not to be invalidated by vacancies
No act or proceedings of the Board of Governors or any authority of the University or any Committee constituted under this Act or by the regulations shall be questioned on the ground merely of the existence of any vacancy in or defect of, in the constitution of such Board of Governors, authority or committee of the University.
Chapter VI SUPPLEMENTARY PROVISIONS
46. Conferment of degrees, diplomas and grant of certificates by University
Notwithstanding anything contained in any other State law for the time being in force, the University shall have powers to confer degrees, diplomas and grant certificates and confer honorary degrees and other academic distinctions and titles as approved by the Board of Governors.
Chapter VI SUPPLEMENTARY PROVISIONS
47. Returns and information
The University shall furnish to the State Government, University Grants Commission, the National Statutory Bodies concerned, such reports, returns, statements, documents and other information, as may be required by them from time to time.
Chapter VI SUPPLEMENTARY PROVISIONS
48. Officers and employees to be public servants
Every officers, teachers and other employees of the University shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal code. Explanation:- For the purpose of this section, any person who is appointed by the University for a specified period or a specified work of the University or who receives any remuneration by the way of compensatory allowance or fee for any work done from the University Fund shall be deemed to be an officer or employee of the University while he is performing the duties and functions connected with such appointment or work.
Chapter VI SUPPLEMENTARY PROVISIONS
49. Dismissal, removal, reduction and termination of service of staff of University
- (1) No officer or employee or member of teaching, non-teaching and other academic staff of the University shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges: Provided that nothing in this section shall apply to any person who is appointed on purely temporary basis only.
- (2) An appeal against an order of dismissal, removal or reduction in rank under sub-section
- (1) or of termination of service shall lie to the Vice-Chancellor or when the Vice-Chancellor has passed for such penalty, to the Board of Governors within thirty days from the date of communication of such order and the decision of the Vice-Chancellor or the Board of Governors, as the case may be, shall be final.
Chapter VI SUPPLEMENTARY PROVISIONS
50. Power of State Government to give directions
The State Government shall have powers to issue directions from time to time as may be required for compliance of the provisions of this Act, the regulations and under any other law for the time being in force and the University shall comply with such direction.
Chapter VI SUPPLEMENTARY PROVISIONS
51. Power to make regulations
- (1) Subject to the provision of this Act, the Board of Governors shall have in addition to all other powers vested in it, the powers to make regulations to provide for administration and management of the affairs of the University.
- (2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely: -
- (i) the summoning and holding of the meetings of the authorities of the University, other than the first meeting of the Board of Governors and the quorum and conduct of business at such meetings;
- (ii) the powers and functions to be exercised and discharged by the Vice-Chancellor as the Chairman;
- (iii) the constitution, powers and duties of the authorities, bodies and other committees of the University, the qualifications and disqualifications for membership of such authorities of such authorities, term of office of the membership, appointment and the removal of members thereof and other matters connected therewith;
- (iv) the procedure to be followed by the Board of Governors and any committee or the other body constituted under this Act or by the regulations in the conduct of it’s business, exercise of the powers and discharge of its function;
- (v) the procedure and the criteria to be followed in establishment of courses of study and admission of the students;
- (vi) the procedure to be followed for enforcing discipline in the University;
- (vii) the management of properties of the University;
- (viii) the diplomas, the degree, the certificates and other academic distinctions and titles which may be conferred or granted by the University and withdrawal or cancellation of any such degrees, diplomas certificates and other distinctions and other titles and the requirement thereof, including procedure to be followed;
- (ix) the conduct of examinations including the terms of office and appointment of examiners;
- (x) the creation of the posts of directors, professors, associate professors, assistant professors or equivalent academic designations or posts, officers and employees of the University and the appointment of persons to such posts including the qualifications requisite thereof;
- (xi) the fees and other charges, which may be paid to the University for the courses, training, facilities and services provided by it;
- (xii) the manner and conditions for constitution of insurance, provident fund, pension and such other schemes for the benefits of officers, employees and staff of the University;
- (xiii) the terms and conditions for associations of the University with other institutions or organisations;
- (xiv) the preparation of the budget estimates and maintenance of accounts;
- (xv) the model of executing of contracts or agreements by or on behalf of the University;
- (xvi) the classification and procedure for appointment of officers, employees and staff of the University;
- (xvii) the terms and tenure of appointments, salaries and allowances, contractual services, rules of discipline and other conditions of service of the Vice-Chancellor, Director, other officers, teachers and employees of the University; (xviii) the terms and conditions governing deputation of teachers, officers, employees of the University;
- (xix) the powers and duties of the Vice-Chancellor, Director and other officers, teachers and employees of the University;
- (xx) the terms and conditions governing fellowships, scholarships, stipends, medals and prizes;
- (xxi) the authentication of the orders and the decisions of the Board of Governors;
- (xxii) the matter relating to the hostels and housing for the teachers, officers and employees of the University including the disciplinary control therein; (xxiii) the powers to be exercised and functions to be performed by different committees, officers, directors and other employees of the University; and
- (xxiv) all other matters which by this Act are to be or may be prescribed.
Chapter VI SUPPLEMENTARY PROVISIONS
52. Indemnity
No suit, prosecutions or other legal proceedings shall lie against and no damage shall be claimed from the University, the Vice-Chancellor, the Director, the authorities or officers or employees of the University or any person in respect of anything which is done in good faith or purporting to be done in pursuance of this Act or any regulations made thereunder.
Chapter VI SUPPLEMENTARY PROVISIONS
53. Power to remove difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by an order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to be necessary or expedient for removing the difficulties: Provided that no order under sub-section
- (1) shall be made after the expiry of two years from the date of commencement of this Act.
- (2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.
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