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[Cites 0, Cited by 0] [Section 4] [Entire Act]

State of Gujarat - Subsection

Section 4(4) in First Statutes of the Indus University, Gujarat, India

4.1Authorities of the Indus University.- The following will be the authorities of Indus University:-
4.1.1Board of Governance
4.1.2Board of Management
4.1.3Board of Finance and Accounts
4.1.4Academic Council
4.1.1Board of Governance-Board of Governance is the Governing Body as per the Section 19 of the Act.
4.1.1.1Board of Governance. - The Board of Governance shall be the supreme authority of the University. All the movable and immovable property of the university shall vest in the Board of Governance. The Board of Governance shall make, amend, alter, modify these First Statutes as required for the administration of the University and submit the same to the Government for approval.
4.1.1.2Constitution. - The Board of Governance shall consist of the following members:
(a)President (President): Chairman
(b)Associate President: Alternate Chairman
(c)Provost (Executive President): Vice Chairman
(d)Four persons to be nominated by the sponsor out of whom two shall be eminent educationist
(e)Two Deans or Directors of constituent Institutes or Centers of the university, by rotation, to be nominated by Provost (Executive President) with prior approval of President
(f)One expert from Management or Information Technology from outside the university to be nominated by Board of Governance
(g)Three experts representing other disciplines such as finance, legal, social sector to be nominated by Board of Governance
(h)One eminent industrialist to be nominated by Board of Governance \
(i)Secretary to the government of Gujarat, Higher and Technical Education or his representative not below the rank of Deputy Secretary to Govt, or Deputy Commissioner - ex-officio President shall have right to invite external expert on case to case basis for a specific Board of Governance's meeting to contribute to the specific agenda of that meeting
4.1.1.3Tenure of members of Boards of Governance:-
(a)The members of the Board of Governance shall have a term of three years from the date of nomination. One Third of nominated Members, except ex-officio member shall retire by rotation each year.
(b)One third members will be appointed for the One Year Term only. Other One Third Members will be nominated for Two Years Term only. Thus rotation of one third member will be addressed from very first instance.
(c)A member may be re-nominated for the next term. Member may resign his office by writing under his hand, addressed to the Chairperson, but he shall continue in office until his resignation is accepted by the Chairperson.
4.1.1.4Powers of the Board of Governance. - The powers shall, inter-alia, include, but limited to, the following:-
(a)to provide general superintendence and direction and to control the functioning of the university by using all such powers as are provided by this Act or the Statutes, Ordinances, Regulations or Rules made there, under,
(b)to take such decisions and steps as are found desirable for effectively carrying out the objects of the University,
(c)to review the decisions of other authorities of the University in case they are not in conformity of this Act or the Statutes, Ordinances, Regulations or Rules made there under,
(d)to approve the budget, the annual report and accounts of the University,
(e)to lay down extensive policies to be followed by the University,
(f)to recommend to the sponsoring body about the voluntary liquidation of the University,
(g)to appoint statutory auditors of the university on recommendation of Board of Finance and Accounts,
(h)to oversee the performance and review the decisions of other authorities of the University in case they are not in conformity with the provisions of the Act, Statutes or the Rules,
(i)to approve proposals to initiate new constituent institutes or centers,
(j)the Board of Governance shall at its earliest meeting shall decide on the recommendations of the Board of Management,
(k)the Board of Governance shall meet at least three times in a calendar year. However. In the event of exigency, the President may call for the additional meeting of the Board of Governance,
(l)the quorum of the meeting shall be minimum four members present in person or through teleconferencing or video conferencing or any other form of distance participation,
(m)each member of the Board of Governance shall have one vote and decisions at the meeting shall be adopted by simple majority. In case of a tie, the Chairman shall have a casting vote, n) the Member-Secretary of the meeting shall prepare the minutes of the meeting and circulate to the members within reasonable period from the date of such meeting, o) the Member-Secretary may, under exigencies, obtain the consent of the Board of Governance by circulating appropriate resolution among its members, and any. resolution so circulated and approved by a simple majority shall be as effective and binding as if such resolution had been passed at the meeting of the Board of Governance.
4.1.1.5Powers to amend the statutes. - The Board of Governance shall make, amend, alter, modify these First Statutes as required for the administration of the University and submit the same to the Government for approval.
4.1.2Board of Management. - The Board of Management shall be the principal executive body of the University.
4.1.2.1Constitution.-Following members shall constitute the Board of Management:-
(a)President: Chairman
(b)Associate President: Co-Chairman
(c)Provost (Executive President): Vice Chairman
(d)two members of the Board of Governance to be nominated by the Sponsoring Body
(e)two persons who are not the members of the Board of Governance to be nominated by the Sponsoring Body
(f)three persons from amongst the faculty members of the university to be nominated by the sponsoring body
(g)One faculty to be nominated by the President.
4.1.2.2Powers of the Board of Management. - Subject to the provisions of the Act, the Board of Management shall have the powers to take all the necessary decisions for smooth and efficient functioning of the University. The powers shall, include, but not limited to, the following:-
4.1.2.2.1Appointment. -
(a)To create teaching and academic posts and to decide on the number, qualifications and cadres thereof and to determine the emoluments of such posts.
(b)To appoint Directors, Principals, Deans, Professors, Associate Professors and other senior academic and operational staff, as may be necessary through Human Capital Management Committee under prior approval of President.
(c)To lay down rules with respect to emoluments and duties for the various academic and non-academic staff recruited by the University.
(d)To lay down rules for appointment of Visiting Fellows and Visiting Professors and their emoluments.
(e)To appoint internal auditors to undertake audit of the various academic functions of the University.
4.1.2.2.2Academic Matters,-
(a)To generally lay down, in consultation with the Academic Council, the academic policies, education and teaching standards and policies relating to student admission, examinations and award of degrees and honorary degrees, diplomas and certificate and other academic awards or distinctions or titles.
(b)To start new courses / programmes as advised by Academic council.
(c)To establish, on the advice of the Academic Council, Divisions and Departments for the academic work and functions of the University and to allocate areas of Study, Teaching and Research to them.
(d)To institute Fellowships, Scholarships, Studentships, Medals and Prizes in accordance with the Rules.
4.1.2.2.3Student Matters and Discipline,-
(a)To regulate and enforce discipline among the employees (all categories) and the students of the University and to take appropriate disciplinary action, wherever necessary.
(b)To entertain and adjudicate upon any grievance of the employees and students of the University and to set up Committees for attending to such grievances.
(c)To establish and regulate the maintenance of hostels for the students of the University and recognize hostels established by outside parties, on the basis of the recommendations of a committee established for the purpose.
4.1.2.2.4Administrative and Legal Matters,-
(a)To create administrative, ministerial and other necessary posts and fix compensation through consultation of Board of Finance and Accounts for persons recruited to such posts.
(b)To grant leave of absence to the Provost or any other officer of the University and to make necessary arrangements to carry out the functions of such officers proceeding on leave during their absence. ,
(c)To conduct inspections and enquiries, in various departments, centers, and institutions of the University and initiate corrective action wherever needed.
(d)to make new or additional Statutes and Rules or amend or repeal the earlier Statutes and Rules.
4.1.2.2.5Formation of Committees. - The Board of Management may form Committees Sub-Committees and/or Ad-hoc Committees discharging .any of the functions of the Board by clearly specifying their scope, jurisdiction, authority powers and functions.
4.1.2.2.6Delegation of powers. - The Board of Management may by resolution, delegate to the Provost (Executive President), Associate Provost (Executive Vice President), Registrar, Standing Committee or the Ad-hoc Sub Committee, such of its powers as it may deem fit, subject to the condition that the action taken by the Provost (Executive President), Associate Provost (Executive Vice President), the Registrar or the Standing Committee or the Ad-hoc Sub Committee, or any of their Officers to whom such powers are delegated, shall be reported at the next meeting of the Board of Management.
4.1.2.2.7Rules and Manuals. - (a) The Board of Management may cause the Rules to be made, in accordance with the provisions of Section 30 of the Act, to conduct the business of the University and attain the objectives for which it is established.
(b)On compliance with the provisions of the Section 25 of the Act, the Board may appoint an ad-hoc committee to prepare manuals for different departments /functions of the University and adopt the same. Each and every authority and officer, teaching and nonteaching staff members of the committees and the students are bound to adhere to the provisions and procedures laid down in the manual of instructions adopted for the purpose.
(c)The Board shall have right to alter, amend, frame new regulations which are not inconsistent with the provisions of the Act for the purpose of conducting the activities of the university for which it is established.
4.1.2.3Conducts of meetings of the Board of Management: -
(a)The Board of Management shall meet twice in each semester of the academic year.
(b)A notice of 7 days shall be given for the meeting, provided that an emergency meeting may be convened at the discretion of the Provost (Executive President) at a short notice.
(c)The quorum of the meeting shall be four members present in person or through teleconferencing or video conferencing or any other form of distance participation.
(d)Each member of the Board of Management shall have one vote and decisions at the meeting shall be taken by simple majority. In case of a tie, the Chairman shall exercise a casting vote.
(e)The Member-Secretary shall cause recording of minutes of the meeting, with the approval of the Chairman and circulate them to the members concerned within a period of one week from the date of conducting the meeting.
(f)The Provost (Executive President) may, under exigencies, obtain the consent from Chairman in their relevant matters of the Board of Management by circulating appropriate resolution among its members and any resolution so circulated and approved by a simple majority shall be as effective and binding as if such resolution had been passed at the meeting of the Board of Management.
4.1.3Board of Finance and Accounts. - The Board of Finance and Accounts shall be the principal financial authority of the University to take care of financial matters and shall, subject to the provisions of this Act, Statutes and Rules coordinate and exercise general supervision over the financial and accounting matters of the University.
4.1.3.1. Constitution: -
(a)President: Chairman
(b)Associate President: Vice Chairman
(c)Chief Finance & Aqcqunts Officer : Member Secretary
(d)One nominee of the President : Member
4.1.3.2Conduct of Meetings. - At least once in three months
4.1.3.3Functions and Powers. - The main functions and powers are:-
(a)To consider the budget received and to approve the same with or without modifications.
(b)To manage and administer the revenues and approve contracts and works.
(c)To manage and regulate the finance, accounts investments, property and all other finance related matters of the University and for that purpose to appoint such agent or agents as it may deem fit.
(d)To open account or accounts of the University with any one or more scheduled banks and to lay-down the procedure for operating the same.
(e)To draw, accept, make, endorse, discount and negotiate securities of the Government, promissory notes, bills and exchange, cheques or other negotiable instruments.
(f)To issue appeals for funds for carrying out the objects of the University.
(g)To receive grants, donations, contributions, gifts, prizes, scholarships, fees and other moneys and give grants and donations to award prizes, scholarships etc.
(h)To purchase, take on lease or accept, as gift or otherwise, any land or buildings or works which may be necessary or convenient for the purposes of the University and on such terms and conditions as it may deem fit and proper and to construct or alter and maintain any such buildings or works, i) To transfer or accept transfers of any moveable property on behalf of the University.
(j)To execute in consultation with the Sponsor, conveyance, transfer, reconveyances, mortgages, leases, bonds, licenses and agreements in respect of property, moveable or immovable belonging to the University or to be acquired for the purposes of the University,
(k)To appoint, in order to execute an instrument or transact any business of the University, any person as attorney of the University with such powers as it may deem fit.
(l)To invest the funds of the University or money entrusted to the University, in such securities and in such manner as it may deem fit and from time to time transpose any investment.
(m)In consultation with the Sponsor, to raise and borrow money on bonds, mortgages, promissory notes or other obligations or securities by providing properties and assets of the University as security, or borrow money 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.
(n)To maintain and operate the General Fund as stipulated in Section 37 of the Act.
(o)To maintain proper accounts and other relevant records and prepare Annual Statement of Accounts including the Balance Sheet for every previous financial year, in such form as may be prescribed by the Rules and submit the same to the President (President) for their approval.
(p)To lay down policy in relation to fees and other charges payable by the students of the University.
(q)To lay down rules regarding the emoluments and traveling and other allowances of examiners, moderators, tabulators and such other personnel appointed for examinations, in consultation with the Academic Council, r) To consider all proposals for capital expenditure, s) To examine the annual accounts of the University, t) To review the financial position of the University from time to time and to take suitable action, u) To review the internal controls and act on the comments of the internal auditors.
(v)To determine and fix the fee payable by the students of the University and lay down the procedure therefore and to fix the basis for charging consultancy and other fee to be charged by the University, w) Board of Finance and Accounts will appoint Auditors as required by the Act.
(x)Chairman may co-opt or invite suitable experts as and when required for the purpose.
4.1.4Academic Council. - The Academic Council shall be the principal academic body of the University and shall coordinate and exercise general supervision over the academic policies of the University subject to the provisions of the Act, the Statutes, the Ordinances and the Rules made there under.
4.1.4.1Constitution. - The Academic Council shall consist of the following:
(a)Provost (Executive President): Chairman
(b)Distinguished External members - Max. 3 member
(c)Dean - Academics
(d)Dean - Research
(e)Directors of Constituent Institutes and Centers
(f)Heads of Departments
(g)Subject Experts (at least two)
>4.1.4.2 Powers of Academic Council.
(a)Subject to the provisions of the Act, Statutes and the Rules the Academic Council shall have the power to control, regulate and maintain the standards education, instruction and examinations of the University and shall exercise, such other powers and functions as may be conferred or imposed upon it by this Act, Statutes or the Board of Management.
(b)The Provost (Executive President) may invite such other persons, as he may deem fit, to attend the meetings of the Academic Council from time to time. However, such persons invited shall not be eligible to vote on any of the resolutions of the Academic Council.
4.1.4.3. Conduct of Meetings. -
(a)The Academic Council shall meet at least once in every academic session and in any place.
(b)One third of the total members of the Academic Council shall constitute the quorum of the meeting of the Academic Council present in person or through teleconferencing or video conferencing or any other form of distance participation. Resolutions of the Academic Council may be passed through circulation of such Resolutions among all the members, except in cases where such Resolutions are required to be passed at a meeting convened. The Resolution so circulated and approved by a simple majority shall be effective and binding as if such Resolution had been passed in the meeting of the Academic Council, provided that at least one half of the total number of the members of the Academic Council have recorded their views on the Resolution.
4.1.4.4. Functions of the Academic Council.-Subject to the provisions of the Act, Statutes and the Rules, the functions of the Academic Council shall include the following:-
(a)To report and act on any matter referred or delegated to it by the Board of Management.
(b)To formulate different courses and programs to be imparted to the students of the University.
(c)To lay down the curriculum and frame syllabus for any of the courses and programs offered by the University.
(d)To make recommendations to the Board of Management, with regard to the creation, abolition or classification of teaching posts in the University and the emoluments and the duties attached thereto.
(e)To make arrangements through regulations for the instruction and examination of persons other than those enrolled in the University.
(f)To promote research activities and programs, and to ask for, from time to time, reports on such research activities and programs.
(g)To consider proposals submitted by the Faculties relating to instructions, teaching facilities, etc.,
(h)To recognize diplomas and degrees of other Universities and Institutions and to determine their equivalence in relation to the diplomas and degrees of the University on reciprocal basis.
(i)To approve conferment of degrees, honours, diplomas, licenses, titles and marks of honour on the basis of the results declared,
(j)To prepare guidelines for the award of fellowships, stipends, scholarships, medals and prizes, etc., and empower the Provost (Executive President) or any other officer of the University to approve the eligible candidates for such awards.
(k)To prepare such forms and registers as are, from time to time, prescribed by the Rules and to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of the Act and /or the Rules.
(l)To make recommendations to the Board of Management on:
i. Measures for improving standard of teaching, training and research and examinations,ii Institution of Fellowships, Exchange Programs, Scholarships, Medals, Prizes etc.iii. Regulations covering the academic functioning of the Institute, discipline, residence, admissions, examinations, award of fellowships and studentships, freeships, concessions, attendance etc. and submit the same to the Board of Management for approval.
(m)To suggest measures for departmental co-ordination.
(n)To appoint committees, consisting of such members as the Academic Council may deem fit, to deal with any of the matters ordinarily dealt with by the Academic Council.