Chapter I PRELIMINARY.

(1) This Act may be called the Ganpat University Act, 2005. (2) It 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, - (a) "Academic Council" means the Academic Council of the University constituted under section 14; (b) "Board" means the Board of Governors of the University constituted under section 10; (c) "Chairman" means the Chairman of the Board appointed under section 11; (d) "Director General" means the Director General of the University appointed under section 18; (e) "Deans" mean the Deans of the University appointed under section 21; (f) "Finance Committee" means Finance Committee of the University constituted under section 16; (g) "Foundation" means the Mehsana District Education Foundation, Kherva, Mehsana; (h) "Patron-in-Chief" means a pioneer donor of the foundation; (i) "President" means the President of the University appointed under section 7; (j) "Prescribed" means prescribed by the Regulations; (k) "Registrar" means Registrar of the University appointed under section 20; (l) "Regulations" means the Regulations of the University made under section 34; (1-a) "Regulatory Body" shall have the meaning as defined by clause (p) of section 2 of the Gujarat Private Universities Act, 2009; (m) "Trust" means the Mehsana District Education Foundation, Mehsana registered under the Bombay Public Trusts Act, 1950; (n) "University" means the Ganpat University Kherva, District Mehsana, Gujarat, established and incorporated under section 3.

(1) There shall be established a University by the name of “the Ganpat University, Kherva, District Mehsana, Gujarat". (2) The Patron-in-Chief, the President, the Board, the Academic Council, the Director General, the Deans, the Registrar and all other persons who may hereafter become such officers or members so long as they continue to hold such office or membership, are hereby constitute a body corporate by the name of "the Ganpat University, Kherva, District Mehsana, Gujarat". (3) The University shall function as a non-affiliating University established under this Act and it shall not affiliate any other college or institute for the award conferment of degree, diploma and certificate of its degree to the students admitted therein. (4) The University shall not have any grant-in-aid or other financial assistance from the Central Government, any State Government, University Grants Commission, All India Council for Technical Education or any other authority or institutions of the Central Government or any State Government. (5) The University shall be a body corporate by the name aforesaid, having perpetual succession and common seal with power, subject to the provision of this Act, to acquire and hold property, to contract and shall, by the said name, sue and be sued. (6) The headquarters of the University shall be at the Ganpat Vidyanagar, Kherva, District Mehsana.

The objects of the University shall be to develop the knowledge of science, technology, dental, medical, paramedical, physiotherapy, pharmacy, commerce, management, humanístic, law, fashion designing, architecture, nursing, sports, dairy, animal husbandry, agriculture, forestry, fisheries and any other educational disciplines for the advancement of mankind. The objects of the University shall be as follows, namely:- (i) to disseminate, create and preserve knowledge and understanding by teaching, research, training and extension activities by effective demonstration and influence of its corporate life on society in general; (ii) to create centers of excellence for providing knowledge, education, training and research facilities of high order in the field of science, technology, dental, medical, physiotherapy, paramedical, pharmacy, commerce, management, humanístic, law, fashion designing, architecture, nursing, sports, agriculture, forestry, fisheries and other related professional education as per its current status and such other matters as may develop in future, including continuing education and distance learning; (iii) to develop patterns of teaching for a certificate or diploma courses, undergraduate and post-graduate courses and at doctoral level and to maintain a high standard of education, its applications; to create capabilities for upgrading science and technology, dental, medical, physiotherapy, paramedical, pharmacy, commerce, management, humanistic, law, fashion designing, architecture, nursing, sports, agriculture, forestry, fisheries courses; (iv) to develop training facilities and to make arrangements for training in higher education, professional education and allied fields, to provide for inter-relationship for national and international participation, in the field of science and technology, dental, medical, physiotherapy paramedical, pharmacy, commerce, management, law, fashion designing, architecture, nursing, sports, agriculture, forestry, fisheries and its allied fields; (v) to function as a learning resource centre; (vi) to establish close linkage with the industry to make teaching, research and training at the University, relevant to the needs of he society, at national and international level. (vii) to set up off-campus centres, study centres and examination centres within the State subject to the permission of the regulatory bodies under any law made by the Parliament and any regulations, rules etc., made by the regulating bodies.

(2) It shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, creed, caste, class, place of birth, religious belief 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 other academic distinction or to enjoy or exercise any privilege of the University or any benefaction thereof.

6. The University shall exercise the following powers and perform the following functions, namely:-

(i) to administer and manage the University and such centres for research, education and instruction as are necessary for the furtherance of the objects of the University;

(ii) to provide for instruction, training, research advancement and dissemination in such branches of knowledge or learning pertaining to science, technology, dental, medical, physiotherapy, pharmacy, commerce, management, humanitics, law, fashion designing, architecture, nursing, sports, agriculture, forestry, fisheries and allied areas;

(iii) to conduct innovative experiments in new teaching and learning methods and technologies in the above referred subjects in order to achieve international standards of such education, training and research;

(iv) to prescribe courses and curricula and provide for flexibility in the education system and delivery methodologies including electronic and distance learning;

(v) to hold examinations through electronic mode and confer degrees, diplomas or 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 manner prescribed by the Regulations;

(vi) to confer honorary degrees or other distinctions in the manner prescribed by the Regulations;

(vii) to establish such special centres, specialized study centres or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects;

(viii) to provide for printing, reproduction and publication of research and other works and to organize exhibitions;

(ix) to sponsor and undertake research in the different areas of science, technology, dental, medical, physiotherapy, pharmacy, commerce, management, humanistic, law, fashion designing, architecture, nursing, sports, agriculture, forestry and fisheries;

(x) to collaborate or associate with, advise, develop, maintain, or otherwise, any educational institution with like or similar objects;

(xi) to develop and maintain linkages with educational or other institutions in any part of the world having objects wholly or partially similar to those of the University, through exchange of teachers and scholars, and generally in such manner as may be conducive to their common objects;

(xii) to develop and maintain relationships with teachers, researchers and domain experts in science, technology, dental, medical, physiotherapy, pharmacy, commerce, management, humanitics, law, fashion designing, architecture, nursing, sports, agriculture, forestry, fisheries and allied areas in any part of the world for achieving the objects of the University;

(xiii) to regulate the expenditure and to manage the finances and to maintain accounts of the University;

(xiv) to receive funds from industry, national and international organizations or any other source as gifts, donations, benefactions, bequests and by transfers of movable and immovable properties for the purpose and objects of the University, under the intimation to the State Government;

(xv) to establish, maintain and manage halls and hostels for the residence of students;

(xvi) to supervise and control the residence and regulate the discipline of students of the University and to make arrangements for promoting their health and general welfare and cultural activities;

(xvii) to fix, demand and receive or recover fees and such other charges as may be prescribed by the Regulations, in accordance with the guidelines of the State Government or National statutory bodies;

(xviii) to institute and award fellowships, scholarships, prizes, medals and other awards;

(xix) 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 and on such terms and conditions as it may think fit and proper and to construct or alter and maintain any such building or works under the intimation to the State Government;

(xx) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, on such terms as it may think fit and consistent with the interest, activities and objects of the University, under the intimation to the State Government;

(xxi) to draw and accept, to make and endorse, to discount and negotiate, promissory notes, bills of exchange, cheques or other negotiable instruments;

(xxii) to raise and borrow money on bond, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities and upon 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, and to repay and redeem any money borrowed, under the approval of the State Government;

(xxiii) to invest the funds of the University in or upon such securities and transpose any investment from time to time in such manner as it may deem fit in the interest of University;

(xxiv) to execute conveyances regarding transfers, mortgages, leases, licenses, agreements and other conveyances in respect of property, movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University, under the intimation to the State Government.

(xxv) to admit the students for the courses offered by the University in the manner prescribed by the Regulations;

(xxvi) to create academic, technical, administrative, ministerial and other posts and to make appointments thereto;

(xxvii) to regulate and enforce discipline among the students, employees of the University and to provide for such disciplinary measures as may be prescribed by the Regulations;

(xxviii) to institute professorships, associate professorships, assistant professorships, readerships, lecturerships and any other teaching, academic or research posts and to prescribe qualifications by Regulations, in accordance with the guidelines prescribed by University Grant Commission or concerned National Technical or Professional councils, for such matters;

(xxix) to appoint qualified persons as professors, associate professors, assistant professors, readers, lecturers or as teachers and researchers of the University,

(xxx) subject to the provisions of this Act and Regulations, any officer or authority of the University may, by order, delegate his or its powers except the power to make Regulations to any other officer or authority under his or its control;

(xxxi) to do all 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.

7. (1) (i) There shall be a Patron-in-Chief of the University. (ii) The First President of the University shall be nominated by the Patron-in-Chief. (iii) The first President shall hold office during the pleasure of the Patron-in-Chief or for his lifetime, whichever is earlier. (iv) In the event of the first President ceases to hold office, a President shall be nominated by the managing committee of the foundation from amongst the permanent members of the Executive Committee of the foundation for five years, and shall be eligible for reappointment to that office for a further term of five years. (2) The President shall have, power to cause an inspection or review to be made by such person or persons as he may direct, of the University, its buildings, libraries, equipments and systems and processes and of any institution or centre maintained by the University, and also of the examinations, teaching, research and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the University.

8. The following shall be the authorities of the University, namely:- (a) The Board of Governors; (b) The Academic Council; (c) The Finance Committee; and (d) such other authorities as may be prescribed by the Regulations.

9. The following shall be the officers of the University, namely:- (a) The President, (b) The Director General, (c) The Deans, (d) The Registrar, and (e) such other officers as may be prescribed by the Regulations.

10. (1) The Board of Governors of the University shall consist of the following members, namely:- (i) The President shall be the Chairman of the Board; (ii) Two representatives of the Trust; (iii) The Director General of the University;

(1) The Chairman shall preside over at the meetings of the Board and at the convocations of the University. (2) The Chairman shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Regulations.

(1) The Board shall be responsible for the general superintendence, direction and control of the affairs of the University and shall exercise all the powers of the University. (2) Without prejudice to the provisions of sub-section(1), the Board shall have the following powers and functions, namely:- (i) to take decisions on question of policy relating to the administration and working of the University; (ii) to institute courses of study at the University; (iii) to make Regulations; (iv) to consider and approve the annual report and the annual accounts of the University for every financial year; (v) to invest moneys and funds of the University and take decisions on the recommendations of the Finance Committee; (vi) to publish or finance the publication of studies, books, periodicals, reports and other literature and to sell or arrange for the sale as it may deem fit from time to time; (vii) to create or abolish posts of teachers and other employees of the University; (viii) to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this Act; (ix) to delegate by written order, any of its powers to the Director General Dean, Registrar, or any other officer, employee or authority of the University or to a committee appointed by it; (x) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by this Act or Regulations; (xi) to review the acts of the Academic Council and the Finance Committee.

(1) Save as otherwise provided in this section, the term of nominated members of the Board shall be three years from the date of nomination. (2) An ex-officio member shall continue so long as he holds the office by virtue of which he is such member. (3) Any vacancy in the Board occurring before the reconstitution or before the expiry of the prescribed period shall be filled by nomination of another person by the President. (4) A member nominated under sub-section (3) shall continue for the remainder of the term of a member, in whose place he is nominated. (5) A member shall be eligible for re-nomination for the next term. (6) A member may resign his office by writing under his hand, addressed to the President but he shall continue in office until his resignation has been accepted by the President.

(1) The Academic Council of the University shall consist of the following members, namely:- (i) the Director General of the University, ex-officio, who shall be the Chairman of the Academic Council; (ii) one eminent academician and one eminent professional to be nominated by the Board. (iii) one external eminent academician and one eminent professional to be nominated by the Director General; (iv) Deans of the University; (v) one Professor from each discipline of the University by rotation to be nominated by the Director General; and (vi) the Registrar who shall be the non-meber Secretary of the Council; (2) The term of office of the members other than the ex-officio member shall be three years.

The Academic Council shall have the following powers and duties, namely:- (i) to exercise control over the academic policies of the University and shall be responsible for the maintenance and improvement of standards of instruction, education and evaluation in the University; (ii) to consider matters of general academic interest either on its own initiative or on a reference from the Faculty of the University or the Board and to take appropriate action thereon; (iii) to recommend to the Board such Regulations as are consistent with this Act regarding the academic functioning of the University; and (iv) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Regulations.

(1) The Finance Committee shall consist of the following members, namely:- (i) the Director General of the University, ex-officio shall be the Chairman of the Committee; (ii) one member of the Board to be nominated by the President; (iii) one Dean of the University by rotation to be nominated by the Director General; (iv) one expert professional to be nominated by the President; and (v) the Registrar shall be the non-member Secretary of the Committee. (2) The term of office of the members other than the ex-officio member shall be three years.

The Finance Committee shall exercise the following powers and perform the following functions, namely:- (i) to examine the annual accounts and annual budget estimates of the University and advise the Board thereon; (ii) to review the financial position of the University from time to time; (iii) to make recommendations to the Board on all financial policy matters of the University; (iv) to make recommendations to the Board on all proposals involving raising of funds, receipts and expenditures; (v) to provide guidelines for investment of surplus funds; (vi) to make recommendations to the Board on proposals involving expenditure for which no provision has been made in the budget or for which expenditure in excess of the amount provided in the budget has been incurred; (vii) to examine proposals relating to revision of pay scales, upgradation of the scales and all those items which are not included in the budget, before they are placed before the Board; and (viii) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Regulations.

(1) The Director General shall be appointed by the Board, out of the panel of names, recommended from time to time, by the committee consisting of the following members, namely:- (i) an eminent professional to be nominated by the President; (ii) an eminent educationist to be nominated by the President; and (iii) one member of the Board to be nominated by the President (2) The President shall designate one member as the Chairman of the Committee. (3) The term of office of the Director General shall be for the period of five years and shall be eligible for re-appointment to that office for a further term of five years. (4) Where a vacancy in the office of the Director General occurs and it cannot be conveniently and expeditiously filled up in accordance with the provisions of sub-sections (1) and (3) and if there is any emergency, the President, in consultation with the Board may appoint any suitable person to be Director General and may, from time to time extend the term for a period not exceeding one year. (5) The terms and conditions of the service of the Director General shall be such as may be prescribed by the Board and until so prescribed, shall be determined by the President.

(1) The Director General shall be the Chief Executive and Academic Officer of the University. He shall preside over at the meetings of the Academic Council and Finance Committee. (2) Without prejudice to the generality of the provision contained in sub-section (1), the Director General shall- (i) exercise general superintendence 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 under this Act or the Regulations or as may be delegated to him by the Board or by the President, as the case may be. (3) Where any matter is of urgent nature requiring immediate action and the same cannot be immediately dealt with by the Chairman or Authority or body of the University empowered under this Act to deal with it, the Director General may take such action as he may deem fit and shall forthwith report the action taken by him to the Chairman or authority or body of the University who or which, in the ordinary course, would have dealt with the matter. (4) Where the exercise of the power by the Director General under sub-section (3) 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 three months from the date of order of the Director General, otherwise the same shall cease to have effect on the expiration of a period of three months from the date of order of the Director General.

(1) The Registrar shall be appointed by the University in such manner and on such terms and conditions as may be prescribed by the Regulartions. (2) The Registrar shall exercise the following powers and perform following duties, namely:- (i) He shall be responsible for the custody of records, common seal, the funds of the University and such other property of the University; (ii) He shall place before the Board and other authorities of the University, all such information as may be necessary for transaction of its business; (iii) He shall be responsible to the Director General for the proper discharge of his functions;. (iv) He shall, subject to the control of the Director General, be responsible for the administration and services of the University; (v) He shall attest and execute all documents on behalf of the University; (vi) In all suits and other legal proceedings by or against the University, the pleadings shall be verified and signed by the Registrar and all processes in such suits and proceedings shall be issued to and served on, the Registrar; (vii) He shall exercise such other powers and perform such other duties as may be assigned to him under this Act, the Regulations or as may be delegated to him by the Board or the Director General.

(1) The Deans of the University shall be appointed by the Director General, with the approval of the Chairman of the Board, from amongst faculty members of the University. (2) The Dean shall assist the Director General in managing the academic and other affairs of the University and shall exercise such powers and perform such functions as may be prescribed by the Regulations or to be delegated to them by the Director General.