Chapter II ESTABLISHMENT, INCORPORATION AND COMPOSITION OF GUJARAT EDUCATIONAL INNOVATIONS COMMISSION

3.

1. (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. (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 shall, subject to the provisions of this Act, be competent to acquire, hold and dispose of property, both movable and immovable, and to contract and do all things necessary for the purposes of this Act.

4. 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.

5.

1. (1) The Commission shall consist of the Chairperson and twelve other members as follows, namely :-
   • (a) the Chief Minister of the State, ex-officio 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, ex-officio member;
   • (e) the Secretary to the Government of Gujarat, Finance Department, ex-officio member;
   • (f) the Secretary to the Government of Gujarat, Education Department (Primary Education), ex-officio 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 courses;
   • (k) the member for innovations in programmes relating to humanities, 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, aquatics, athletics, comb

6.

1. (1) A person to be nominated as an Executive Chairperson under sub-section
2. (2) of section 5, shall possess the following qualifications, namely :--
   • (a) be a citizen of India;
   • (b) be a renowned educationist, devoted to educational reforms and innovations;
   • (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; and
   • (f) have sound knowledge of Indian and universal culture.
3. (2) A person to be nominated as a member under sub-section
4. (3) of section 5, shall possess the following qualifications, namely :--
   • (a) be a citizen of India;
   • (b) be a renowned educationist, devoted to educational reforms and innovations;
   • (c) have proven record of reforms and innovations in the relevant fields of sciences, technology, vocational courses, humanities, art, crafts and other cultural courses and value oriented courses, pedagogical courses and methods, physical education, yoga, health, Scouts and Guides, National Cadet Corps and National Service Scheme programmes;
   • (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; and
   • (f) have sound knowledge of Indian and universal culture.

7.

1. (1) For the purpose of nomination of Executive Chairperson and members under sub-sections
2. (2) and
3. (3) of section 5, the State Government shall appoint a Search Committee consisting of three persons who, in the opinion of the State Government, are eminent educationists having wide knowledge of educational reforms and innovations and are of high repute and integrity.
4. (2) The State Government shall designate one of these persons as the Chairperson of

8. (1)

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.
2. (b) The term of office of the Executive Chairperson and members, other than ex-officio members, who are nominated on the recommendation of Search Committee, shall be five years from the date of their appointment or nomination.

1. (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 salaried 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.

9.

1. (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. (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.

10. A person shall be disqualified for being appointed or nominated or being an Executive Chairperson or a member of the Commission if such person,--

1. (a) is, or at any time, been adjudged insolvent;
2. (b) is of unsound mind and stands so declared by the competent court;
3. (c) is or has been convicted of any offence which, in the opinion of the State Government, involves moral turpitude; or
4. (d) has, either directly or indirectly, any financial or other interest which is likely to affect prejudicially his functioning.

11.

1. (1) Notwithstanding anything contained in sub-section
2. (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.
   • (c) Any member, who is nominated may, by writing under his hand addressed to the State Government, resign his office.

12.

1. (1) The Commission shall meet at such time and at such place and shall, subject to sub-sections
2. (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.
3. (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

13.

1. (1) The Commission, in order to enable it to perform its functions, may,
   • (a) with the approval of the State Government, ,
     • (i) appoint a Secretary, and
     • (ii) determine such number and category of other officers and employees, and
   • (b) appoint other officers and employees so determined.
2. (2) 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 regulations.

14.

1. (1) No act or proceeding of the Commission shall be questioned or be invalid on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Commission.
2. (2) No act done by any person acting in good faith as an Executive Chairperson or a member shall be deemed to be invalid merely on the ground that he was disqualified to be an Executive Chairperson or a member or that there was any other defect in his appointment or nomination.