The Gujarat Educational Innovations Commission Act, 2009

(2) This section shall come into force at once and the remaining provisions shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,- (ii) "Commission" means the Gujarat Educational Innovations Commission established under section 3; (v) "Executive Chairperson" means the Executive Chairperson of the Commission; (vi) "Fellow" means a person duly appointed as a fellow of the Commission under section 24; (xi) "Vice-Chairperson" means the Vice-Chairperson of the Commission;

(1) For the purpose of promoting conception, experimentation and implementation of educational innovations in the State, the State Government shall, by notification in the Official Gazette, establish a Commission by the name of the Gujarat Educational Innovations Commission with effect from such date as may be specified in the notification. (2) The Commission shall be a body corporate with perpetual succession and common seal and may sue or be sued in its corporate name and acquire, hold and dispose of property, both movable and immovable and do all things necessary for the purposes of this Act.

The headquarters of the Commission shall be at Gandhinagar or at such other place, as the State Government may, by notification in the Official Gazette, specify.

(1) The Commission shall consist of the Chairperson and twelve other members as follows, namely :- (a) the Chief Minister of the State, Chairperson; (b) the Minister for Education, ex-officio Vice-Chairperson; (c) the Executive Chairperson appointed or nominated under sub-section (2); (d) the Secretary to the Government of Gujarat, Education Department, member; (e) the Secretary to the Government of Gujarat, Finance Department, member; (f) the Secretary to the Government of Gujarat, Education Department (Primary Education), member; (g) the Vice-Chancellor of a University, by rotation in the manner prescribed by rules, from amongst the Vice-Chancellors of Universities in the State established by law, ex-officio member; (h) the Chairperson of the Gujarat Secondary and Higher Secondary Education Board, ex-officio member; (i) the Director, Gujarat Council of Educational Research and Training, ex-officio member; (j) the member for innovations in science, technology and vocational; (k) the member for innovations in programmes relating to art, craft and other cultural courses and value-oriented education; (l) the member for innovations in pedagogical methods including those related to curriculum, evaluation and teaching-learning aids; (m) the member for innovations in physical education including courses related to gymnastics, athletics, combatives, Indian and universal games, Yogic (physical and psychological) exercises, health, Scouts and Guides, National Cadet Corps and National Service Scheme programmes. (2) The Executive Chairperson referred to in clause (c) of sub-section (1) shall be nominated by the Chairperson from a panel of three persons recommended by the Search Committee appointed under section 7: Provided that the Executive Chairperson shall be appointed by the State Government for a period of two years. (3) Each member referred to in clauses (j) to (m) of sub-section (1) shall be nominated by the State Government from a panel of three persons recommended by Search Committee appointed under section 7: Provided that the first appointment of the members referred to in this sub-section, shall be made by the Chairperson on the recommendation of the Executive Chairperson from amongst such persons as he thinks fit.

(1) A person to be nominated as an Executive Chairperson under sub-section (2) of section 5, shall possess the following qualifications, namely :- (a) be a citizen of India; (c) have proven record of reforms and innovations; (d) have actual experience in experimentation and implementation of reforms and innovations; (e) be well versed in the educational philosophy of- (i) pioneering educationists of India, and (ii) Leading pioneers of educational innovations in the world; (f) have sound knowledge of Indian and universal culture. (2) A person to be nominated as a member under sub-section (3) of section 5, shall possess the following qualifications, namely :- (b) have proven record of reforms and innovations in the relevant fields of sciences, technology, vocational courses, value-oriented courses, pedagogical courses and methods, physical education, yoga, health, Scouts and Guides, National Cadet Corps and National Service Scheme programmes; (c) have actual experience in experimentation and implementation of reforms and innovations; (d) be well versed in the educational philosophy of- (i) pioneering educationists of India, and (ii) leading pioneers of educational innovations in the world; and (f) have sound knowledge of Indian and universal culture.

(1) (a) The term of office of members, other than ex-officio members, who are appointed on the recommendation of the Executive Chairperson, shall be two years from the date of their nomination. (b) The term of office of the Executive Chairperson and members recommended by Search Committee shall be five years from the date of their appointment or nomination. (2) The term of office of an ex-officio member shall continue so long as he holds office by virtue of which he is such a member. (3) (a) The terms and conditions of office of the Executive Chairperson and the members other than ex-officio members shall be such as may be prescribed by rules. (b) The Executive Chairperson and the members referred to in clause (a) shall be whole-time persons. (c) The salaries and other emoluments of- (i) the Executive Chairperson shall not be less than that of the Chief Secretary to the Government of Gujarat; and (ii) the members other than ex-officio members shall not be less than that of the Principal Secretary to the Government of Gujarat.

(1) On occurrence of any vacancy in the office of the Executive Chairperson due to death, resignation or any other reason, the same shall be filled in by the Chairperson by nominating a person in the manner provided in section 5. (2) On occurrence of any vacancy in the office of the member due to death, resignation or any other reason, the same shall be filled in by the State Government by appointing or, as the case may be, nominating a person in the manner provided in section 5.

A person shall be disqualified for being appointed or nominated or being an Executive Chairperson or a member of the Commission if such person,- (a) is, or at any time, being adjudged insolvent: (b) is of unsound mind and stands so declared by the competent court; (d) has, either directly or indirectly, any financial or other interest which is likely to affect prejudicially his functioning.

(1) Notwithstanding anything contained in sub-section (1) of section 8, the Chairperson or, as the case may be, the State Government may, at any time, remove the Executive Chairperson or any member from office if, in its opinion, such Executive Chairperson or a member,- (a) is, or has become subject to any of the disqualifications mentioned in section 10; (b) has been guilty of misconduct in discharge of his duties; (c) has become physically or mentally incapable of discharging duties as an Executive Chairperson or member; (d) has so abused his position as to render his continuance in office prejudicial to the public interest; or (e) has, without reasonable cause, refused or failed to perform his duties for a period of not less than three months: Provided that the Executive Chairperson or a member shall not be removed from his office unless an opportunity of being heard is given. (2) (a) The Executive Chairperson may, by writing under his hand addressed to the Chairperson resign his office. (b) Any member, who is appointed, may, by writing under his hand addressed to the Chairperson, resign his office.

(1) The Commission shall meet at such time and at such place and shall, subject to sub-sections (2) and (3), observe such rules of procedure with regard to transaction of its business at the meetings as may be provided by regulations: Provided that the Commission shall meet at least once in every month. (2) If the Chairperson, for any reason, is unable to attend any meeting the Vice-Chairperson or in his absence, the Executive Chairperson shall preside over the meeting of the Commission. (3) (a) All questions at a meeting of the Commission shall be decided by a majority of votes of the members present and voting, and in case when there is an equality of votes the Chairperson or in his absence, the Vice-Chairperson or in his absence, the Executive Chairperson shall have and exercise a second or casting vote.

The objects of the Commission shall be as follows, namely: (a) to conceive, experiment upon and implement such innovative proposals in the field of education and learning as would transform the objectives, contents and methods of education in the light of the vision of great pioneers and educationists of India freedom movement and of progressive educationists of the world and in light of the needs of the contemporary world in its march towards a future that would be in harmony with the ideals of liberty, equality and fraternity; (b) to introduce and nurture innovations in the educational system so as to reflect India's perennial spiritual knowledge, robust intellectuality and creativity and the ideals of man-making education, integral development of personality, synthesis of scientific realism and artistic imagination, child-centered education, value-oriented education and skill-oriented education; (c) to study and derive lessons from the ongoing experiments in education that are taking place in Gujarat as also elsewhere and to foster all the valuable innovative work and promote the same for larger expansion and utilization; (d) to develop a system of education that reflects the highest ideals of Indian culture and imparts among students vibrant spirit of patriotism and deepest concern for the highest welfare of humanity, world peace and world unity; (e) to evolve, in particular programmes and methods of studies that would instill, among students and promote in various sectors of education, duties enumerated in (f) to promote, sustain and foster alive programmes related to the entire human lifestyle including earliest stages of pre-natal care and scaling up to the highest levels of excellence and leadership contributing to the growth of the individual, covering thus the entire gamut of the educational system appropriate to a knowledge society.

(1) Subject to the provisions of this Act the Commission shall conceive, experiment upon and implement such innovative proposals in the field, contents and methods of education so as to transform the objectives of contemporary education, in accordance with the objects of the Commission. (2) In particular and without prejudice to the generality of the foregoing function, the Commission shall perform the following functions, namely: (i) to promote experimentation, designing and development of the contents of learning which would inspire pupils to foster the over-arching aims of education to be achieved by the Commission; (ii) to promote, explore and invent new methods of pedagogy and evaluation so as to make the learning process interesting, instructive, experimental and practical; (iii) to experiment upon the contents and methods of learning at its own innovative institutions or innovative institutions selected by it from those existing; (iv) to promote and recommend on the basis of results of its experiments carried out on its own innovative institutions or innovative institutions selected by it, such as are found by it to be appropriate to achieve the objectives of the Commission; (v) to establish institutions (including institutions for education and training of teachers) for experimentation and implementation of the educational innovations promoted, explored and invented by it and for education and training of teachers for that purpose; (vi) (a) to recognise as a recognised institution, any institution for experimentation and implementation of the educational innovations recommended by it and for education and training of teachers for that purpose; (b) to withdraw recognition of an institution for breach of conditions of recognition after giving it an opportunity of being heard; (vii) to establish teachers' education and training institutions of innovative education and to provide for education and training of teachers for implementation of educational innovations recommended by them; (viii) to experiment, promote and develop the courses which facilitate students to switch over from existing system of education to the innovative system of education developed by it; (ix) to promote innovations in evaluations and to establish appropriate testing service; (x) to support innovations in schools and Universities and educational institutions of research, experimentation, training and extension services; (xi) to evolve programmes of innovations in regard to the aims, methods and contents of education; (xii) to endeavour to enrich the system of education so as to make it more responsive to the ideals of Indian Nationalism and Internationalism; (xiii) to develop new system of education as supplementary or alternative to existing system of education; (xiv) to perform such other functions as are necessary for, and conducive to, the promotion of the objectives of the Commission.

(1) The Commission shall have the power to do all such things as are necessary for, and conducive to, the efficient performance of its functions under this Act. (2) In particular and without prejudice to the generality of the foregoing the Commission shall have following powers, namely: (i) to organize workshops, conferences, symposia and such other meetings to elicit ideas for educational innovations; (ii) to have access to all the materials, including books, manuscripts, lithographs, inscriptions on walls of ancient buildings and such other places, which are available with, or is in possession of, any authority established, by or under any law within the State and is relevant to the aims and contents of education and methods of pedagogy and evaluation; (iii) (a) to establish or approve innovative institutions of education with special provision for innovative aims, contents and methods of teaching, learning and evaluation; (b) to aim at excellence in the innovative system of education; and (c) to grant to the students of that system, certificates equivalent to the certificates granted by the established system of education at the appropriate level; (iv) to determine standards of courses proposed or supported by it under its functions related to innovations; (v) to allocate and disburse grants out of the fund: (a) for its innovations and for innovations in other institutions; (b) to institutions and courses (including institutions and courses for teachers' education and training) recognized by it for the purpose of developing them so as to foster experimentation and implementation of educational innovations; (c) for grant of fellowships and scholarships to carry out research in areas relevant to the aims and objects of the Commission; (vi) to appoint Secretary and other officers and employees; (vii) to determine such number and category of other officers and employees, and (viii) The manner of recruitment of, the salary and allowances payable to, and other conditions of service of the Secretary, officers and other employees, shall be such as may be determined by the Commission by (ix) to constitute councils; (x) to temporarily associate persons with the Commission; (xi) to appoint committees for performing its functions and exercising its powers; (xii) to conduct the processes of the consultation in the spirit of co-operation and flexibility and to enhance and encourage innovations by transcending the barriers of rigidity and obsolete methodologies; (xiii) to adopt the standards of independence, freedom and of maintenance of high standards; and (xiv) to collaborate, to negotiate and to arrive at agreements and arrangements with the Government, as also with schools, Universities, centers and institutions (including autonomous institutions).

(1) The Commission shall have its own fund and all receipts of the Commission shall be carried thereto and all payments by the Commission shall be made therefrom. (2) The Commission may accept grants, subventions, donations and gifts from the Central Government or the State Government or a local authority or any individual or body, whether incorporated or not, for the purposes of this Act. (3) The Commission may spend such sums as it thinks fit for the performance of its functions under this Act, and such sums shall be treated as expenditure payable out of the fund of the Commission. (4) All moneys belonging to the fund of the Commission shall be kept in any corresponding new Bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, and in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 and approved by the State Government or in such securities as may be authorised by the State Government.

(1) (a) The Commission shall, by such date in each year as may be prescribed by rules, submit to the State Government for approval a budget in the prescribed form for the next financial year showing the estimated receipts and expenditure and the sums which would be required from the State Government during that financial year. (b) If any sum provided in the budget is wholly or partly unspent in any financial year, it may be carried forward to the next financial year, with the prior approval of the State Government, and it shall be taken into account in determining the sum to be provided by the State Government for that year. (2) No sum shall be expended by or on behalf of the Commission unless the expenditure is covered by provision in the budget approved by the State Government. (3) The Commission shall cause to be prepared for each financial year an annual statement of accounts in such form as may be prescribed by rules.

(1) The Commission shall cause to be prepared for each financial year an annual statement of accounts in such form as may be prescribed by rules. (5) Every Auditor appointed to audit the accounts of the Commission under this Act shall have a right to demand the production of books of accounts, connected vouchers and other documents and papers, to inspect the offices of the Commission and to require such information from the Commission as he may think necessary for the performance of his duty as an Auditor. (6) The Auditor shall, within six months of the receipt of the audit report, forward the same to the State Government together with his comments thereon. (7) The State Government shall, as soon as may be after the receipt of audit report under sub-section (6), cause the same to be laid before the State Legislature.

(2) The State Government shall cause every such report to be laid before the State Legislature within a period of six months from the date of its receipt under sub-section (1).

(1) There shall be constituted by the Commission four Educational Innovations Councils as follows, namely:— (i) a Council for innovations in programmes relating to science, technology and vocational courses; (ii) a Council for innovations in programmes relating to languages, humanities, value-oriented education, socially useful music. (2) Each Council shall consist of the Executive Chairperson who shall be the Chairperson of that Council. (3) The member referred to in clauses (j), (k), (l) and (m) of sub-section (1) of section 5 shall respectively be the member-secretary of the Councils. (4) (a) Each Council shall consist of four scholars nominated by the Commission in the manner specified in clause (b) as members. (b) The four scholars for each Council shall be selected in such manner as may be prescribed by regulations from amongst eminent educationalists in the subjects of innovations for which the Council is constituted. (5) The Council shall meet at such time and place and shall observe such rules of procedure with regard to transaction of its business at the meetings as may be prescribed by regulations. (6) The Council shall perform such other functions and exercise such powers as may be prescribed by regulations.

(1) (a) The Commission may appoint one or more committees consisting of not more than five of its members or members of a Council or both, for performing such of the functions or for exercising such of its powers as may be delegated by it. (b) The Commission shall, while appointing a committee under clause (a), designate one member of the committee as the Chairperson of the committee. (2) The committee shall meet at such time and place and shall observe such rules of procedure with regard to transaction of its business at the meeting as may be determined by it.

(1) For the purpose of carrying out research in educational innovations, there shall be a scheme of fellowships which shall consist of not more than twenty-five fellows. (2) Each fellow shall be selected by a committee appointed by the Commission for that purpose, from amongst eminent educationalists. (3) (a) Each fellow shall carry out such research in the subject related to educational innovations as assigned to him by the Commission. (b) He may for the purpose of research in the subject assigned to him, organise consultation groups, seminars, workshops and conferences. (4) A fellow shall make himself available to the Commission for any consultation necessary in respect of the subject of research or thesis assigned to him.

(1) Every order or decision of the Commission shall be authenticated by the signature of the Executive Chairperson or any other member authorised by the Commission in this behalf and all other instruments issued by the Commission shall be authenticated by the signature of the Secretary or any other officer of the Commission authorised by the Commission in this behalf. (2) All decisions of a Council shall be authenticated by the signature of the Chairperson of the Council. (3) All decisions of a Committee shall be authenticated by the signature of the Chairperson of the Committee or any other member of the Committee authorised by the Chairperson in this behalf.

(1) In the discharge of its functions under this Act, the Council shall be bound by such directions on questions of policy as the Commission may give in writing to it from time to time: Provided that the Council shall be given an opportunity to express its views before any direction is given under this sub-section. (2) The decision of the State Government, whether a question is one of policy or not, shall be final.

The Executive Chairperson, member, officer and employee of the Commission shall, when acting or purporting to act in pursuance of the provisions of this Act or of any rules or regulations made thereunder, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

No suit, prosecution or other legal proceeding shall lie against the Commission or any member, officer or employee of the Commission for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rules or regulations made thereunder.

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made to provide for all or any of the matters expressly required or allowed by this Act to be prescribed by rules. (4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

(1) The Commission may, with the previous approval of the State Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act, and the rules made thereunder for enabling it to perform its functions under this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the matters expressly required or allowed by this Act to be specified by regulations.

(1) The Council may, with the previous approval of the Commission, make bye-laws not inconsistent with this Act or with rules and regulations made thereunder for enabling it to perform its functions under this Act. (2) In particular and without prejudice to the generality of the foregoing power, such bye-laws may provide for all or any of the matters expressly required or allowed by this Act to be specified by bye-laws.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of two years from the 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.