Educational Innovations Commission Act, Gujarat.Year 2009

1.

1. (1) This Act may be called the Gujarat Educational Innovations Commission Act, 2009.
2. (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.

2. In this Act, unless the context otherwise requires,-

1. (i) "Chairperson" means the Chairperson of the Commission;
2. (ii) "Commission" means the Gujarat Educational Innovations Commission established under section 3;
3. (iii) "Committee" means a Committee appointed under section 23;
4. (iv) "Council" means a Council constituted under section 22;
5. (v) "Executive Chairperson" means the Executive Chairperson of the Commission;
6. (vi) "Fellow" means a person duly appointed as a fellow of the Commission under section 24;
7. (vii) "Fund" means the Fund of the Commission;
8. (viii) "member" means a member of the Commission;
9. (ix) "regulations" means regulations made under section 33;
10. (x) "rules" means rules made under section 32;
11. (xi) "Vice-Chairperson" means the Vice-Chairperson of the 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.

15. The objects of the Commission shall be as follows, namely :-

1. (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's 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

16.

1. (1) Subject to the provisions of this Act, the Commission shall 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 so as to promote the objectives of the Commission.
2. (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

17.

1. (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. (2) In particular and without prejudice to the generality of the foregoing power, the Commission shall have following powers, namely:,
   • (i) to carry out research in aims and contents of education and methods of pedagogy and evaluation;
   • (ii) to institute fellowships and scholarships for carrying out research in aims and contents of education and methods of pedagogy and evaluation;
   • (iii) to organize workshops, conferences, symposia and such other meetings to elicit ideas for educational innovations;
   • (iv) to have access to all the materials, including

18.

1. (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. (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. (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 an expenditure payable out of the fund of the Commission.
4. (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 for the purpose or invested in securities authorised by the Trusts Act, 1882, at the discretion of the Commission.

19. (1)

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.
2. (b) If any sum granted by the State Government remains wholly or partly unspent in any financial year, the unspent sum may be carried forward to the next financial year and taken into account in determining the sum to be provided by the State Government for that year.

1. (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.

20.

1. (1) The accounts of the Commission shall be prepared and maintained in such form and in such manner as may be prescribed by rules.
2. (2) 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.
3. (3) The accounts of the Commission shall be audited by an Auditor duly qualified to act as an auditor of companies under section 226 of the Companies Act, 1956.
4. (4) The Auditor shall be appointed by the Commission.
5. (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. (6) The Auditor shall send a copy of his report together with a copy of audited accounts to the Commission which shall, as soon as may be after the receipt of the audit report, forward the same to the State Government.
7. (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.

21.

1. (1) The Commission shall, during each financial year, prepare, in such form and at such time as may be prescribed by rules, an annual report giving a true and full account of its activities during the previous financial year and copies of such report shall be forwarded to the State Government.
2. (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).

22.

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 work, art, craft and other cultural courses such as music, drama, dance;
   • (iii) a Council for innovations in pedagogical methods;
   • (iv) a Council for innovations in physical education.
2. (2) Each Council shall consist of the Executive Chairperson who shall be the Chairperson of that Council.
3. (3) The member referred to in clauses (j), (k)
   • (l) and
   • (m) of sub-section
4. (1) of section 5 shall respectively be the member-secretary of the Councils referred to in clauses (i), (ii),
   • (iii) and
   • (iv) of sub-section (1). (4)
   • (a) Each Council shall consist of four scholars nominated by the Commission in the manner specified in clause
   • (b) as members thereof.
   • (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. (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. (6) The Council shall perform such other functions and exercise such powers as may be prescribed by regulations.

23. (1)

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.
2. (b) The Commission shall, while appointing a committee under clause (a), designate one member of the committee as the Chairperson of the committee.

1. (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.

24.

1. (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. (2) Each fellow shall be selected by a committee appointed by the Commission for that purpose, from amongst eminent educationists. (3)
   • (a) Each fellow shall carry out research in such 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.
   • (c) He shall, during his term, write a thesis on the subject assigned to him.
   • (d) 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. (4)
   • (a) The term of each fellow shall be one year: Provided that where the Commission is of opinion that in order to enable the fellow to complete his research or thesis, it is necessary so to do, it may extend his term for a period not more than one year.
   • (b) The salary and allowances payable to a fellow shall be such as may be determined by the Commission by regulations.

25. (1)

1. (a) The Commission may associate with itself in such manner and for such purpose, as may be determined by the regulations, any person whose assistance or advice it may require in performance of its functions.
2. (b) A person associated by the Commission with it under clause
3. (a) shall have the right to speak in or otherwise to take part in the meetings of the Commission but shall not have the right to vote thereat.
4. (c) The Commission may provide for payment of such allowances and expenses to a person associated with it under clause
5. (a) as may be determined by regulations. (2)
6. (a) The Council may associate with itself in such manner and for such purpose, as may be determined by the regulations, any person whose assistance or advice it may require in performance of its functions.
7. (b) A person associated by the Council with it under clause
8. (a) shall have the right to speak in or otherwise to take part in the meetings of the Council but shall not have the right to vote thereat.
9. (c) The Council may provide for payment of such allowances and expenses to a person associated with it under clause
10. (a) as may be determined by bye-laws.

26.

1. (1) All orders and decisions 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. (2) All decisions of a Council shall be authenticated by the signature of the Chairperson of the Council.
3. (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.

27.

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

28.

1. (1) In performance 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. (2) The decision of the Commission, whether a question is one of policy or not, shall be final.

29. 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.

30. 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.

31.

Power to make rules 32.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (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.
3. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature, as soon as may be, after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.
4. (4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

33.

1. (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. (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.

34.

1. (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. (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.

35.

1. (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. (2) Every order made under this section shall be laid as soon as may be after it is made, before the State Legislature.