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State of Gujarat - Act

Kamdhenu University Act, 2009

GUJARAT
India

Kamdhenu University Act, 2009

Act 9 of 2009

Published on 7 July 2009
Commenced on 7 July 2009
[This is the version of this document from 7 July 2009.]
[Note: The original publication document is not available and this content could not be verified.]

Kamdhenu University Act, 2009(Gujarat Act No. 9 of 2009)(First published, after having received the assent of the Governor, in the "Gujarat Government Gazette", on the 7th July, 2009).An Act to establish and incorporate a teaching and affiliating University for the development of Veterinary and Animal Sciences and for furthering the advancement of learning, conducting of research and dissemination of findings of research and other technical information in Veterinary and Animal Sciences including Dairy Science, Fisheries and allied sciences in the State of Gujarat.It is hereby enacted in the Sixtieth Year of the Republic of India as follows:-

Chapter I
Preliminary

1. Short title and commencement.

(1)This Act may be called the Kamdhenu University 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; and different dates may be appointed for different provisions and any reference in any such provision to the date of the commencement of this Act shall be construed as the reference to the date of coming into force of that provision.

2. Definitions.

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

(1)"Academic Council" means the Academic Council of the University constituted under section 23;

(2)"Affiliated College" means a college affiliated to the University under section 46;

(3)"Agricultural Universities" means the Agricultural Universities constituted under section 3 of the Gujarat Agricultural Universities Act, 2004.

(4)"Authority" means any authority of the University as specified in section 20;

(5)"Animal" or "Livestock" includes mammals alongwith birds, fish, wildlife and reptiles;

(6)"Board" means Board of Management of the University constituted under section 21;

(7)"College" means a College or an Institution established or maintained by or affiliated to the University providing courses of study or training or providing for conduct of research or providing for extension education in veterinary and animal sciences, leading to a degree, diploma or other academic distinction of the University but does not include a College or an Institution established or maintained by or affiliated to or recognised by the Agricultural Universities existing on the date of the coming into force of this Act;

(8)"Constituent College" means a college of the University under the direct control and management of the Board;

(9)"Deans" mean the Deans of colleges and Deans of faculties;

(10)"Director" means the Director of Research, the Director of Extension Education, the Director of Information Technology or, as the case may be. the Director of Students' Welfare appointed under section 19;

(11)"Extension Education" means the educational activities concerned with the training of animal owners, farmers, dairy industry personnel, poultry entrepreneurs and fishermen for improved animal husbandry practices related to health, production and marketing of livestock and live stock product including the work through meetings, demonstrations and other methods for leaching improved animal husbandry practices and the training of workers required for the conduct of such educational activities;

(12)"Extension Education Council" means the Veterinary and Animal Sciences Extension Education Council of the University constituted under section 27;

(13)"Faculty" means the teaching, research and extension staff of a college, research station, extension centre or division of the University, having the rank of Assistant Professor or its equivalent and above;

(14)"Finance and Accounts Officer" means the Finance and Accounts Officer of the University appointed under section 16;

(15)"Head of Department" means a teacher principally responsible for imparting education in veterinary and allied sciences or conducting and guiding research in veterinary' and allied sciences and conducting and guiding programmes of extension education in a Department;

(16)"Hostel" means a unit of residence for students of the University' maintained or recognized by the University either as a part of or separate from the University;

(17)"officer" means an officer of the University as specified under section 10;

(18)"other employee" means employee other than the officer and teacher as defined in this Act;

(19)"prescribed" means prescribed by Statutes;

(20)"Recognised Institution" means an Institution of higher learning, research or specialised studies, other than a college, and recognised as such by the University other than the recognised Institution of the Agricultural Universities existing on the date of the coming into force of this Act;

(21)"registered graduate" means a graduate registered under the provisions of this Act;

(22)"Registrar" means Registrar of the University appointed under section 14;

(23)"Regulations" means the regulations of the University made by the Academic Council and other authorities under section 37;

(24)"Research Council" means the Veterinary and Animal Sciences Research Council of the University constituted under section 25;

(25)"Research Station" means the research stations as may be established or approved by the University;

(26)"Statutes" means the statutes made by the Board under section 36;

(27)"student" means the person enrolled in the University for taking a course of study for a degree, diploma or other academic distinction;

(28)"teacher" means a person appointed or recognised as such by the University for the purpose of imparting instructions or conducting and guiding research or extension education programmes, and includes other person not below the rank of Assistant Professor and its equivalent, who may be declared by the Statutes to be a teacher;

(29)"University" means the "Kamdhenu University" established and constituted under section 3;

(30)"Veterinary" means science and art taking care of animal health;

(31)"Veterinary and Allied Science" means the basic and applied veterinary sciences including dairy, poultry, fisheries, wildlife, animal health, animal re-production, production technology, processing technology and management of animal and related resources for the socio-economic upliftment of rural and urban people;

(32)"Veterinary' Council of India or Veterinary Council of Gujarat" means the Council incorporated under the Indian Veterinary Council Act, 1984,(52 of 1984.);

(33)"Vice-Chancellor" means Vice-Chancellor of the University appointed under section 12.

Chapter II
University

3. Establishment and incorporation of University.

(1)There shall be established and constituted a University by the name of the "Kamdhenu University".

(2)The Chancellor, the first Vice-Chancellor and the first members of the Board of Management and the Academic Council of the University and all persons, who may hereafter become such officers or members so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the "Kamdhenu University".

(3)The University shall be a body corporate having perpetual succession and a common seal, and shall sue and be sued in the said name.

(4)The University shall be competent to acquire and hold property, both movable and immovable; to lease, sell or otherwise transfer any movable and immovable property which arc vested in or have been acquired by it for the purposes of the University, and to borrow money from the Central Government, State Government or any other sources; and to raise loans on the securities of its assets and to contract and do all other things necessary for the purpose of this Act:Provided that the power to raise any such loan shall be exercised after obtaining previous permission of the State Government.

4. Headquarters of University.

- The headquarters of the University shall be at such place as the State Government may, by notification in the Official Gazelle, specify.

5. Jurisdiction.

(1)With respect to teaching at the University or college level, research and extension education programmes in the field of Veterinary and allied sciences, the territorial jurisdiction and privileges of the University shall extend to the entire State of Gujarat.

(2)The University may assume responsibility for the establishment and maintenance of Veterinary', Animal Husbandry, Dairy, Poultry and Fishery Training or Educational centres and Research and experimental stations, and undertake the programmes of training to field or extension workers through such centres as may be required in various parts of the State.

(3)All colleges, research and experimental stations and other institutions falling under the jurisdiction and authority of the University shall be the constituent units of the University under the management and control of the University.

(4)The jurisdiction of the University' shall also extend to the affiliated colleges and recognised institutes.

(5)No educational institution imparting education or conducting and guiding research or conducting and guiding programmes of extension education in Veterinary and allied sciences and situated within the University jurisdiction shall, save with the approval of the University and the sanction of the State Government, be associated in any way with, or seek admission to any of the privileges of any other University established by law.

(6)Notwithstanding anything contained in this Act, all the colleges, institutions, research stations, centres or other- units under the control and management of the Agricultural Universities and the colleges, institutions, research stations, centres or other units affiliated to or recognised by the Agricultural Universities shall continue to enjoy the privileges of the respective Agricultural Universities. The Agricultural Universities shall be at liberty to continue and expand their activities in the aforesaid colleges, institutions, research stations, centres and other units so far as they relate to the veterinary and allied sciences within their campus, existing on the date of coming into force of this Act.

6. Objects of University.

- The objects of the University shall be as follows, namely:-

(a)making provision for imparting education in veterinary' and allied sciences;

(b)furthering the advancement of learning and conducting of research in veterinary and allied sciences;

(c)undertaking the extension education through appropriate media in veterinary and allied sciences;

(d)making provision for the study of basic sciences with a view to supporting other professional studies and thereby integrating such studies in the University curriculum;

(e)undertaking the integration of teaching, research and extension education in veterinary and allied sciences with a view to promoting the productivity of animals and livestock ;

(f)conferring such degrees, diplomas, certificates and other academic distinctions as the University may deem fit; and

(g)such other purposes, not inconsistent with the provisions of this Act which the State Government may, on the application by the University, by notification in the Official Gazette. specify in this behalf.

7. University open to all irrespective of sex, religion, class, creed or opinion.

(1)No person shall be excluded from any office of the University or from membership of any of its authorities, bodies or committees or from admission to any degree, diploma or other academic distinction or course of study on the sole ground of sex, race, creed, caste, class, place of birth, religious belief or political or other opinion.

(2)It shall not be lawful for the University to impose on any person any test whatsoever relating to religious belief, race, creed, caste, sex, place of birth, class and political or other opinion in order to entitle him to be admitted as a teacher or a student of the University 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 privileges of the University or any benefaction thereof.

(3)Subject to the provisions contained in sub-sections (I) and (2). the State Government may direct that the University shall reserve, for members of the Socially and Educationally Backward Classes. Scheduled Castes. Scheduled Tribes or for citizens from other States in India, seats for the purposes of admission as students in any college:Provided that nothing in this section shall require the University to admit to any course of study, students exceeding a prescribed number or possessing academic or other qualification lower than that prescribed.

8. Powers and functions of University.

- Subject to the provisions of this Act, the University shall exercise the following powers and shall perform following functions, namely:-

(1)to provide for education and instructions for undergraduate and post-graduate in veterinary and allied sciences and other branches of learning;

(2)to provide for conduct of research in veterinary and allied sciences and other branches of learning;

(3)to provide for dissemination of the findings of research, technology and technical information through extension education programmes;

(4)to lay down courses of instruction for the various examinations;

(5)to hold examinations and to confer degrees, diplomas and other academic distinctions on persons who have pursued the approved courses of studies or have done research work in the University or in affiliated colleges or recognised institutions;

(6)to confer honorary degrees, diplomas and other academic distinctions as may be prescribed;

(7)to withdraw or cancel any degree, diploma and the academic distinctions conferred or granted by the University in the manner as may be prescribed;

(8)to provide for lectures, instruction and training to field workers, village leaders and other persons not enrolled as regular students of the University and to grant certificates to them as may be prescribed;

(9)to collaborate and co-operate with other Universities, and institutions in such manner and for such purposes as the University may determine;

(10)to establish and maintain colleges, schools, centres. Departments and Institutions relating to veterinary and allied sciences;

(11)to establish and maintain laboratories, libraries, research stations, institutions and museums for teaching, research and extension education;

(12)to create posts for teaching, research and extension education, administrative, ministerial and other purposes and to make appointment thereto;

(13)to institute and award fellowship, scholarships, stipends, medals, prizes and other awards;

(14)to establish, maintain and manage hostels and residential accommodations for students and staff of the University;

(15)to fix, demand, receive and recover such fees and other charges, as may be prescribed;

(16)to co-ordinate, supervise, regulate and control the residence, conduct and discipline of the students of the University, and to make arrangements for promoting their education, health and welfare;

(17)lo make special provision for research and extension education in veterinary and allied sciences in relation to arid areas and areas prone lo scarcity in the State of Gujarat;

(18)to institute and manage bureau of information and of employment for the benefit of students of the University;

(19)to make arrangement for training for competitive examinations for recruitment to services under the Government of India and the State Governments;

(20)to associate or admit educational institution with, or to the privileges of the University by way of affiliation, recognition or approval;

(21)to withdraw or modify either in whole or in part, affiliation, recognition or approval of educational institutions;

(22)to inspect colleges, recognised institutions and approved institutions and to take measures to ensure that proper standards of instruction, teaching and training arc maintained in them and that adequate library and laboratory provisions are made therein;

(23)to lay down and regulate the scales of salaries and allowances and other conditions of service of the members of the teaching, other academic and non-teaching staff of the University. The scales of salaries and allowances shall be implemented with the approval of the State Government;

(24)to provide for the recognition of students' Unions or associations of teachers, academic staff or other employees of the University, affiliated colleges and recognised institutions;

(25)to hold and manage trusts and endowments; and

(26)to do all such other acts and things incidental to the powers aforesaid as may be required in furtherance of the objects of the University.

9. Inspection and inquiry.

(1)The Chancellor shall have the right to cause an inspection to be made by such person or persons, as he may direct, of the University, affiliated, recognised or approved college or institution, its buildings, laboratories, libraries, museums, workshops and its equipments or hostel maintained, recognised or approved by the. University, college or institution, of the teaching and other work conducted by the University or under its auspices and of the conduct of examinations held by the University and lo cause an inquiry to be made in respect of any matter connected with the University.

(2)The Chancellor shall in every case, give notice to the University, college and institution of his intention to cause an inspection or inquiry and the University, college and institution shall be entitled to be represented thereat.

(3)The Chancellor shall communicate his views to the University with reference to the result of such inspection or inquiry, and may after ascertaining the opinion thereon of the University, advise the University upon the action to be taken and fix a time limit for taking such action.

(4)The University shall, within the time limit so fixed alongwith its opinion, submit its report to the Chancellor of such action, if any, it has taken or may propose to be taken on the advice tendered by the Chancellor.

(5)Where the University does not take action to the satisfaction of the Chancellor within the time limit fixed, the Chancellor may, after considering any explanation furnished or representation made by the University; issue such directions as he thinks fit and the University shall comply with such directions.

(6)The State Government may, whenever it deems fit, cause a like inspection or inquiry to be made in the manner prescribed in sub-sections (1) to (4) and shall have, for the purposes of such inspection or inquiry, all the powers of the Chancellor under the said sub-sections.

(7)Notwithstanding anything contained in the above sub-sections, if at any time the Chancellor is of the opinion that in any manner, the affairs of the University are not managed in furtherance of the objects of the University, or in accordance with the provisions of this Act and the regulations or the special measures are desirable to maintain the standards of the University teaching, examination, research or extension education, he may indicate to the University any matter in regard to which he desires an explanation, and call upon the University to offer such explanations, within such time as may be specified by him. When the University fails to offer explanation within the time specified or offers an explanation which in the opinion of the Chancellor is not satisfactory, he may issue such directions as he thinks fit.

(8)The University shall furnish such information relating to the administration and finances of the University as the Chancellor may from time to time require.

Chapter III
Officers of University

10. Officers of University.

- The following shall be the officers of the University, namely:-

(i)The Chancellor.

(ii)The Vice-Chancellor,

(iii)I he Deans of Faculties,

(iv)The Directors.

(V)The Registrar, and

(vi)The Finance and Accounts Officer.

11. Chancellor.

(1)The Governor of the State of Gujarat shall by virtue of his office be the Chancellor of the University.

(2)The Chancellor shall be the Head of the University and shall, when present, preside at the convocation of the University.

(3)Every proposal to confer an honorary' degree shall be subject to the confirmation of the Chancellor.

(4)The Chancellor shall exercise such other powers and perform such other duties as are conferred on him by or under this Act.

12. Vice-Chancellor.

(1)

(a)The Vice-Chancellor shall be a whole-time officer of the University and shall be appointed by the Chancellor in consultation with the State Government from amongst three persons recommended under sub-section (3) by a Committee appointed for the purpose under sub-section (2).

(b)A person, who possesses Master's Degree in any of the veterinary and allied sciences with minimum ten years' experience as educationist or researcher or administrator in the University system and has not attained the age of sixty-five years on the date of appointment, subject to the provisions of sub-section (8), he shall be eligible for appointment as a Vice-Chancellor:

Provided that preference may be given to a person who possesses Doctorate qualifications in any of the veterinary and allied sciences with minimum ten years' experience as educationist or researcher or administrator in the University system.

(2)

(a)For the purposes of sub-section (1). the Chancellor shall form a Committee consisting of three members to be nominated by the State Government from the field of Veterinary and allied sciences.

(b)The Chancellor shall appoint one of the three members of the Committee as its Chairperson.

(3)The Committee so appointed shall, within such time and in such manner as may be prescribed by the Statutes, select three persons who possess the qualifications mentioned in clause (b) of sub-section (1) whom it considers fit for being appointed as Vice-Chancellor and recommend to the Chancellor, the names of the persons so selected, together with such other particulars as may be prescribed by the Statutes.

(4)The Vice-Chancellor shall hold office for a term of five years from the date he enters upon his office and be eligible for reappointment to that office for one additional term of five years or until he attains the age of 65 years, whichever is earlier.

(5)The emoluments and other terms and conditions of service of the Vice-Chancellor, shall be such as may be prescribed and shall not be varied to his disadvantage after his appointment, without his consent.

(6)

(a)The Vice-Chancellor may, by writing under his hand addressed to the Chancellor, resign his office and such resignation shall take effect from the date of acceptance by the Chancellor.

(b)The resignation shall be delivered ordinarily at least thirty days prior to the date on which the Vice-Chancellor wishes to be relieved from his office:

Provided that the Chancellor may relieve him earlier and the resignation shall take effect from the date of acceptance by the Chancellor.

(7)

(a)During the leave or absence of the Vice-Chancellor, or

(b)in the event of a permanent vacancy in the office of the Vice-Chancellor, until an appointment is made under sub-section (1) lo that office,

one of the University Officers preferably senior most officer having qualification in Veterinary' and allied Sciences, nominated by the Chancellor for that purpose shall carry on the current duties of the office of the Vice-Chancellor.

(8)A person shall be disqualified for being appointed as. or for being, a Vice-Chancellor -

(i)if he is a Member of the Parliament or of any State Legislature or of any local authority, or

(ii)if he is a member of a political party, or

(iii)if he is or any time has been adjudged an insolvent or he has suspended payment of his debts or has compounded with his creditors, or

(iv)if he is of unsound mind or stands so declared by a competent court, or

(v)if he is or has been convicted of an offence, which in the opinion of the Chancellor, involves moral turpitude.

(9)Notwithstanding anything contained in sub-section (4), the Chancellor may at any time remove the Vice-Chancellor from office if. in his opinion, the Vice-Chancellor -

(a)is. or has been subject to any of the disqualifications mentioned in sub-section (8), or

(b)has been guilty of misconduct in discharge of his duties, or

(c)has become physically or mentally incapable of discharging-his duties as a Vice-Chancellor, or

(d)has abused his position as to render his continuance in office prejudicial to 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 a Vice-Chancellor shall not be removed from his office unless an opportunity of being heard is given to him.

13. Powers and duties of Vice-Chancellor.

(1)The Vice-Chancellor shall be the principal executive and academic officer of the University and ex-officio Chairman of the Board, Academic Council and other authorities. He shall in the absence of the Chancellor preside at any convocation of the University. He shall be entitled to be present with the right to speak at any meeting of any other authority or body of the University, but shall not be entitled to vote thereat unless he is a member of that authority or body.

(2)The Vice-Chancellor shall exercise general control over the affairs of the University and shall be responsible for the maintenance of discipline in the University.

(3)The Vice-Chancellor shall have power to convene meetings of die Board and Academic Council.

(4)The Vice-Chancellor shall ensure the faithful observance of the provisions of the Act and the Statutes and Regulations and he shall possess all powers necessary for this purpose.

(5)The Vice-Chancellor shall be responsible for the presentation of the annual financial estimates and the annual accounts and balance sheet of the University to the Board.

(6)

(a)In any emergency which, in the opinion of the Vice-Chancellor, requires that immediate action should be taken, he shall take such action as he deems necessary and shall at the earliest opportunity thereafter report his action to such officer, authority or body as would have in ordinary course dealt with the matter. If the officers, authority or, as the case may, body, disagrees with the action of the Vice-Chancellor, the matter shall be referred to the Chancellor whose decision thereon shall be final.

(b)When action taken by the Vice-Chancellor under this subsection affects any person in the service of the University, such person shall be entitled to prefer an appeal to the Board within one month from the date on which such action is communicated to him.

(c)If the Vice-Chancellor is satisfied that a decision of the Board is not :n the best interest of the University, he shall refer it to the Chancellor whose decision thereon shall be final.

(7)The Vice-Chancellor shall give effect to the decisions or orders of the Board regarding the appointment, dismissal, suspension and punishment of officers, teachers and other employees of the University.

(8)

(a)Subject to the provisions contained in sub-section (6) and notwithstanding anything contained in sub-section (7), where the Vice-Chancellor, after making such inquiry as may be deemed fit, is of opinion that the execution of any order or resolution of an authority specified in or declared under section 20 or any action initiated or contemplated which is about to be done or is being done by or on behalf of the University. -

(i)is inconsistent with the provisions of this Act or of any Statutes, or Regulations, or

(ii)is not in the interest of the University, or

(iii)is likely to lead lo breach of peace.

he may forward a copy of the order or resolution or. as 'he case may be. refer the doing of the tiling with a statement of reasons, to the authority which made the order or passed the resolution or proposes to do the thing for reconsideration by that authority as to whether the said order or resolution may not be rescinded, or revised or modified in the manner stated by him or the any action initiated or contemplated or the doing of the thing be refrained from.

(b)Where the authority, after reconsideration revises or modifies the order or the resolution in the manner stated by the Vice-Chancellor, then notwithstanding anything contained in clause (c), such revised or modified order or resolution shall revive from the date of such revision or modification

(c)Where the authority revises or modifies the order or resolution in such manner as is inconsistent with the manner stated by the Vice-Chancellor, the Vice-Chancellor shall refer the matter to the Chancellor for his decision.

(d)The Chancellor may, on such reference being made, revise or modify the order or resolution or direct that the order or resolution shall continue to he in force with or without modification permanently or for such period as it may specify:

Provided that the order or resolution shall not be revised or modified or continued by the Chancellor without giving the concerned authority a reasonable opportunity of showing the cause against the order proposed to be made by him.

(e)The order, resolution or, as the case may be, the doing of thing, any action initiated or contemplated shall remain in abeyance from the dale of the action of the Vice-Chancellor of forwarding the copy of order or resolution or of making reference under clause (a) till the dale of the order of the Chancellor under clause (d).

(9)The Vice-Chancellor shall be responsible for the proper administration of the affairs of the University and for a close co-ordination and integration of teaching, research and extension education.

(10)The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed for carrying out the purposes and provisions of this Act and the Statutes.

14. Registrar.

(1)The Registrar shall be the whole time salaried officer of the University and shall be appointed by the Vice-Chancellor with the previous approval of the Board and his qualifications, emoluments and the terms and conditions of service shall be such as may be prescribed. He shall be an academician in the field of Veterinary and allied Sciences.

(2)The Registrar shall be the ex-officio Secretary to the Board and the Academic Council.

15. Powers and functions of Register.

(1)The powers, functions and duties of the Registrar shall be, -

(a)to manage the property and investments of the University including trust and endowed property in accordance with the decision of the Finance Committee and the Board;

(b)to act as the chief custodian of the records, the common seal and such other properties of the University as the Board shall commit to his charge;

(c)to deal with establishment matters and general administration in the University;

(d)to invite and receive applications for admission to the University and admit the students;

(e)to maintain permanent records of all courses, curriculum and the academic performance of students of the University including the courses taken, grades obtained, degrees, diplomas, awarded, prizes or other distinctions earned and any other items pertinent to the academic performance and the discipline of the students and other information as may be necessary;

(f)to make arrangement for the conduct of examinations including the appointment of examiners and for the due execution of all processes connected therewith;

(g)to act as the principal liaison officer of the University with the State Government. Central Government. Indian Veterinary Council. Indian Council of Agricultural Research, other Universities and other bodies;

(h)in all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to. and served on. the Registrar, and

(i)the Registrar shall exercise such powers and perform such other functions and discharge such other duties as may he prescribed or assigned to him by the Board and the Vice-Chancellor.

(2)When the office of the Registrar is vacant, or when the Registrar is, by reason of illness, absence or any other reason, unable to exercise the powers, perform the functions and discharge the duties of his office, the powers, functions and duties of the office of the Registrar shall be exercised, performed and discharged by such person as the Vice-Chancellor may appoint.

16. Finance and Accounts Officer.

(1)I he Finance and Accounts Officer shall be a whole-time salaried officer of the University and shall be appointed by the Board from out of a panel of three names recommended by the State Government.

(2)Subject to such terms and conditions as may be determined by the Board, the Finance and Accounts Officer shall hold office for a period of five years or until he attains the age of superannuation fixed for State Government employee, whichever is earlier.

(3)The emoluments and other terms and conditions of service of the Finance and Accounts Officer shall be such as may be proscribed.

(4)The Finance and Accounts Officer shall be the ex-officio Secretary to the Finance Committee.

17. Powers and functions of Finance and Accounts Officer.

(1)The Finance and Accounts Officer shall,-

(a)exercise general supervision and management over the funds and investment of the University and shall advise the University as regards its financial policy; and

(b)exercise such other powers and perform such other financial functions, as may be assigned to him by the Board, or as may be prescribed :

Provided dial the Finance and Accounts Officer shall not incur any expenditure or make any investment exceeding such amount as may he prescribed except with the previous approval of the Board.

(2)Subject to the control of the Board, the Finance and Accounts Officer shall,-

(a)endeavour to ensure that the recurring and non-recurring expenditure are made as authorized in the Budget or as per the limits fixed by the Board for a year and ensure that all moneys arc expended tor the purposes for which they arc granted or al' -Lied;

(b)be responsible for the preparation of annual accounts, financial estimates and the budget of the University and for their presentation to the Finance Committee and the Board;

(c)keep a constant watch on the cash and bank balances and of investments;

(d)watch the progress of the collection of revenue and advise on the methods of collection employed;

(e)ensure that the registers of buildings, land, furniture and equipments are maintained up-to-date, and that stock checking is conducted in respect of equipments and other consumable materials in all offices, laboratories, colleges and institutions maintained by the University;

(f)bring to the notice of the Vice-Chancellor any unauthorized expenditure or other financial irregularity and suggest appropriate action to be taken against persons at fault; and

(g)call from any office, laboratory, college or institution maintained by the University, any information or returns as he may consider necessary for the exercise of his powers, performance of his functions or discharge of his duties.

(3)When the office of the Finance and Accounts Officer is vacant, or when the Finance and Accounts Officer is, by reason of illness or absence for any other cause unable to exercise the powers, perform the functions and discharge the duties of his office, the powers, functions and duties of the office of the Finance and Accounts Officer shall be exercised, performed and discharged by such person as the Vice-Chancellor may appoint for the purpose.

18. Dean of Faculties.

(1)There shall be a Dean for each faculty of the University and shall be appointed in such manner as may be prescribed.

(2)

(a)The Dean shall be responsible to the Vice-Chancellor for the due observance of Statutes and Regulations relating to that Faculty

(b)For the organization and conduct of the teaching and in carrying out his responsibilities for the organization and conduct of these functions, he shall work in close liaison with other officers and shall generally work through the Heads of Departments of the faculties.

(3)The Dean shall exercise such powers and perform such duties as may be prescribed and necessary for the proper functioning of the work of their respective faculties as assigned by the Vice-Chancellor.

19. Directors.

(1)The Director of Research, the Director of Extension Education, the Director of Information Technology and the Director of Students' Welfare shall be the whole-time salaried officers of the University appointed by the Vice-Chancellor with the approval of the Board in accordance with the Statutes made in this behalf.

(2)The qualifications, emoluments and terms and conditions of service of the Directors shall be such as may be prescribed.

(3)The Director of Research, the Director of Extension Education, the Director of Information Technology and the Director of Students' Welfare shall exercise such powers and perform such duties as may be prescribed.

Chapter IV
Authorities of University

20. Authorities of University.

- The following shall be the Authorities of the University, namely:-

(1)The Board of Management;

(2)The Academic Council;

(3)The Veterinary and Animal Sciences Research Council;

(4)The Veterinary and Animal Sciences Extension Education Council;

(5)The Faculties;

(6)The Board of Studies;

(7)The Planning Board; and

(8)The Finance Committee.

21. Board of Management.

(1)The Chancellor shall, as soon as may be after the first Vice-Chancellor is appointed, take action to constitute the Board of Management.

(2)The Board of Management shall consist of following, namely:-Class I- Ex-Officio Members

(i)the Vice-Chancellor, Chairman;

(ii)the Secretary to Government, in-charge of Animal Husbandry or his representative not below the rank of the Deputy Secretary to Government;

(iii)the Secretary to Government, Finance Department or his representative not below the rank of the Deputy Secretary to Government;

(iv)the Secretary to Government. Education Department (Technical) or his representative not below the rank of the Deputy Secretary to Government;

(v)the Director of Animal Husbandry. Gujarat State;

(vi)the Commissioner of Fisheries, Gujarat State;

(vii)one representative of Veterinary Council of India, New Delhi;

(viii)the President. Gujarat Veterinary Council; and

(ix)the Registrar, ex-officio Secretary.

Class II - Other Members

(x)one progressive Livestock Owner;

(xi)one poultry entrepreneur;

(xii)one representative of dairy' industry;

(xiii)one representative of Pharmaceutical or Vaccine Institute;

(xiv)one eminent Educationist; and

(xv)two eminent Scientists from the field of Veterinary and allied Sciences.

(3)The term of the members under clauses (x) to (xv) shall be of three years and they shall be nominated by the State Government.

(4)The nominated members of the Board shall not be entitled to receive any remuneration from the University except such daily and traveling allowances as may be prescribed.

(5)The Board for the purpose of consultation may invite any person having experience or special knowledge on any subject under consideration at the meeting to attend its meeting. Such person may speak or otherwise take part in the proceedings of such meeting but shall not be entitled to vote at such meeting. Any person invited shall be entitled to such allowances for attending the meeting as may be prescribed.

(6)The Board shall meet at such times and places as fixed by the Vice-Chancellor and shall hold regular meetings as far as possible once in every three months:Provided that Vice-Chancellor may, at his discretion, convene a special meeting of the Board;

(7)One-third of the total number of the members of the Board shall constitute a quorum for the transaction of its business at the meeting.

(8)The Board shall conduct the meeting and transact its business in such manner as may be prescribed.

22. Powers and functions of Board.

(1)Subject to the provisions of this Act, the Board shall be the chief executive body of the University and shall manage and supervise the properties and activities of the University and shall be responsible for the conduct of all administrative affairs of the University not otherwise provided for in this Act.

(2)Without prejudice to the generality of the foregoing powers, the Board shall exercise and perform the powers and functions as follows, namely:-

(i)to accept, acquire, hold, control and administer and dispose of property on behalf of the University;

(ii)to make provisions for buildings, premises, furniture, apparatus and other means needed for carrying on the work of the University;

(iii)to consider and review the financial requirements and estimates for the University and approve its budget;

(iv)to provide for the administration of any funds placed at the disposal of the University for the purposes intended;

(v)to arrange for the investment and withdrawal of funds of the University;

(vi)to manage and regulate the finances, accounts and investments of the University;

(vii)to borrow money subject to prior permission of the State Government and to make suitable arrangements for its repayment;

(viii)to approve the annual accounts and the annual financial estimates of the University;

(ix)to determine the form of, to provide for custody of, and to regulate the use of. the common seal of the University ;

(x)to appoint such committees, either standing or temporary, as the Board may consider necessary, and specify the terms of reference thereof subject to the provisions of the Act and the Statutes ;

(xi)to determine and regulate all policies related to the University in accordance with this Act and the Statutes ;

(xii)to approve the recommendations for appointment of officers, teachers and other employees of the University;

(xiii)to make provisions for instruction, teaching and training in such branches of learning and courses of study as may be determined by the Academic Council in Veterinary and allied sciences and for research and for the advancement and dissemination of knowledge;

(xiv)to promote post-graduate teaching, research and extension education;

(xv)to establish, manage and maintain colleges, departments, institutes of research, hostels, libraries, laboratories, experimental farms, and provide for such other facilities necessary for carrying out the purposes of this Act;

(xvi)to affiliate colleges or recognise institutions of research in Veterinary and allied sciences or extension education as may be provided by Statutes;

(xvii)to arrange for, and to direct, the inspection of affiliated colleges, recognised institutions and hostels, to issue instructions for maintaining their efficiency and for ensuring proper conditions of employment;

(xviii)

(a)to withdraw, either in whole or in part, or to modify the rights conferred on a college by affiliation or on an institution by recognition ; and

(b)to recommend to the State Government withdrawal or reduction of a grant of a college which makes default in carrying out the conditions of affiliation;

(xix)

(a)to control and co-ordinate the activities of affiliated colleges and recognised institutions; and

(b)to regulate the fees to he paid by the students in affiliated colleges and recognised institutions;

(xx)to call for reports, returns and other information from affiliated colleges, recognised institutions or hostels;

(xxi)to recognise a member of the staff of an affiliated college or recognised institution as a professor, associate professor, assistant professor or teacher of the University and to withdraw such recognition;

(xxii)to lay down and regulate the pay scales, allowances and conditions of service of officers, members of the teaching, other academic and non-teaching staff of the University;

(xxiii)to lay down and regulate the pay scales, allowances and conditions of service of the members of teaching, other academic and non-teaching Staff of affiliated colleges, constituent colleges and recognised institutions;

(xxiv)to supervise and control the residence, conduct and discipline of the students of affiliated colleges, constituent colleges and recognised institutions and to make arrangements for promoting their health and general welfare and to take disciplinary action against the students;

(xxv)to make provision for instituting and conferring degrees, diplomas, and other academic distinctions ;

(xxvi)to provide for the institution, maintenance, and award of fellowship and scholarships, studentships, medals and prizes and other awards ;

(xxvii)to accept on behalf of the University trusts, bequests, donations and transfers of any moveable or immovable property to the University;

(xxviii)to enter into. vary, carry out and cancel contract on behalf of the University in the exercise of performance of the powers and discharge duties assigned to it by or under this Act or Statutes;

(xxix)to make provisions relating to the use of Gujarati. Hindi. English as the medium of instruction and examination ;

(xxx)to consider and approve the recommendations of the Academic Council. Research Council and Extension Education Council;

(xxxi)to make, amend or repeal the statutes; and

(xxxii)to exercise such other powers and perform such other functions as may he conferred or imposed on it by or under this Act.

(3)The powers and functions under clauses (xiii), (xvi). (xvii), (xviii), (xxi).(xxv) and (xxvi) of sub-section (2) shall not he exercised or performed by the Board except upon the recommendation made by the Academic Council.

(4)The exercise of the powers by the Board under clauses (xxii) and (xxiii) of sub-section (2) in so far as they relate to the laying down and regulating pay scales and allowances of officers, members of the teaching, other academic and non-teaching staff of the University, constituent college, affiliated college and recognised institution shall be subject lo the approval of the State Government.

23. Academic Council.

(1)The Academic Council shall consist of the following members, namely:-

(i)The Vice-Chancellor, Ex-Officio Chairman;

(ii)The Director of Animal Husbandry. Gujarat State or his representative not below the rank of Joint Director,

(iii)The President. Gujarat Veterinary Council or its representative of Academic Committee of Council;

(iv)The Deans of Faculties;

(v)The Deans of Colleges;

(Vi)The Directors:

(vii)The Librarian;

(viil)The Registrar as Member Secretary; and

(ix)Four members from amongst the Heads of Departments, of which two members from the Faculty of Veterinary Science and one each from the Faculty of Dairy and Fishery, to be nominated by the Vice-Chancellor, by rotation, in the manner as may be prescribed.

(2)As soon as the Academic Council is constituted under sub-section (1). it may co-opt as members not more than three persons for such periods and in such manner as may be prescribed so as to secure adequate representation of different sectors of Veterinary' and allied sciences.

(3)The members of the Academic Council other than the ex-officio members and members referred in sub-section (2) shall hold office for a term of two years.

(4)The Academic Council shall conduct the meeting and transact its business in such manner as may be prescribed.

24. Powers and functions of Academic Council.

(1)The Academic Council shall, have general control on teaching, examination and other educational programmes within the University, and shall be responsible for the maintenance of standards thereof.

(2)In particular and without prejudice to the generality of the foregoing power, the Academic Council shall exercise the powers and perform the functions as follows, namely

(i)to advise the Board on all academic matters including the control and management of libraries;

(ii)to make recommendations for the institution of professorships oi any other post of teaching including posts in research and extension education and in regard to the duties thereof;

(iii)to formulate, modify or revise schemes for the constitution or reconstitution of departments of teaching, research and extension education;

(iv)to make regulations regarding the admission of students to the University and to determine the number of students to be admitted;

(v)to arrange for co-ordination of studies and teaching in affiliated colleges and recognised institutions;

(vi)to approve regulations related to the courses or study leading to degrees, diplomas, certificates and other academic distinctions in the University or in affiliated colleges and in recognised institutions;

(vii)to recommend to the Board the affiliation of a college and recognition of an institution;

(viii)to make regulations relating to the conduct of examinations and to maintain and promote their standards;

(ix)to make recommendations regarding post-graduate teaching, research and extension education ;

(x)to make recommendations regarding the qualifications to be prescribed for teaching, research and extension education staff in the University;

(xi)to make regulations to determine curriculum;

(xii)to make regulations relating to academic matters subject to the provisions of this Act and the Statutes;

(xiii)generally to advise the Board on all academic matters; and

(xiv)10 exercise such other powers and perform such other duties as may be conferred or imposed on it by or under the provisions of this Act.

25. Veterinary and Animal Sciences Research Council.

(1)There shall be a Veterinary and Animal Sciences Research Council consisting of the following members, namely:-

(i)the Vice-Chancellor, Ex-Officio Chairman;

(ii)the Director of Animal Husbandry, Gujarat State or his representative not below the rank of Joint Director, ex-officio;

(iii)the Commissioner of Fisheries, Gujarat State or his representative not below the rank of Joint Commissioner, ex-officio;

(iv)the Directors, ex-officio;

(v)the Deans of Faculties, ex-officio;

(vi)the Deans of the Col leges, ex-officio;

(vii)one Head of Department from each college to be nominated by the Vice-Chancellor, by rotation, in the manner as may be prescribed;

(viii)four members from amongst the Research Scientists, of whom two members from the Faculty of Veterinary Science and one each from the Faculty of Dairy and Fisheries, to be nominated by the Vice-Chancellor, on rotational basis;

(ix)one eminent Scientist in the field of Veterinary and allied sciences from outside the University to be nominated by the Vice-Chancellor; and

(x)the Director of Research shall be the Member Secretary, ex-officio.

(2)The term of members other than the ex-officio members shall be of two years.

(3)The Council shall conduct its meetings and transact the business in such manner as may be prescribed.

26. Functions of Veterinary and Animal Sciences Research Council.

- The Veterinary and Animal Sciences Research Council shall consider and make recommendations in respect of, -

(a)research programmes and projects undertaken or to be undertaken by the University units in the State in the field of Veterinary Science and Animal Husbandry and other allied Sciences with a view to promoting effective co-ordination;

(b)physical, fiscal and administrative facilities required for implementing research projects;

(c)orienting research to meet farmers' needs;

(d)integration of research, extension education and teaching and participation of research workers in teaching and extension education programmes; and

(e)any other matter pertaining to research programmes which may be referred lo by the Vice-Chancellor or the Board or any other authority of the University.

27. Veterinary and Animal Sciences Extension Education Council.

(1)There shall be a Veterinary and Animal Sciences Extension Education Council consisting of the following members, namely:-

(i)the Vice-Chancellor. Ex-Officio Chairman;

(ii)the Director of Animal Husbandry. Gujarat State or his representative not below the rank of the Joint Director, ex-officio;

(iii)the Commissioner of Fisheries. Gujarat State or his representative not below' the rank of the Joint Commissioner, ex-officio;

(iv)the Directors,

(v)the Deans of Faculties;

(vi)the Deans of Colleges;

(vii)one Head of Department from each college to be nominated by the Vice-Chancellor, by rotation, in the manner as may be prescribed;

(viii)one eminent person in the field of Extension Education from outside the University to be nominated by the Vice-Chancellor; and

(ix)two progressive farmers having experience in animal husbandry practices, to be nominated by the Vice-Chancellor.

(x)the Director of Extension Education as Member Secretary, ex-officio.

(2)The term of members of the Veterinary and Animal Science Extension Education Council other than the ex-officio members shall be of two years.

(3)The Veterinary and Animal Sciences Extension Education Council shall conduct its meetings and transact the business in such manner as may be prescribed.

28. Functions of Veterinary and Animal Sciences Extension Education Council.

- The Veterinary and Animal Sciences Extension Education Council shall consider and make recommendations in respect of. -

(a)the extension education programmes and projects of the University;

(b)co-ordination of extension education activities for improvement of animal husbandry' and allied branches and for the development of rural communities;

(c)development of farmers' education and training and advisory services, identification and resolution of field problems and transmission of information ;

(d)methodology of extension education :

(e)integration of extension education with teaching and research in the University and participation of teachers and research workers in extension education programmes; and

(f)any other matter referred to it by the Vice-Chancellor. Board or any other authority of the University.

29. Faculties.

(1)The University shall have the faculties of Veterinary and Animal Science. Dairy. Fishencs and such other faculties as may be prescribed.

(2)The faculties shall comprise of such departments, divisions and centres as may be prescribed. One department or centre may be established for more than one faculty.

(3)The constitution, powers and functions of the faculties snail be such as may be prescribed.

30. Board of Studies.

(1)There shall be a Board of Studies for every subject or group of subjects as may be prescribed.

(2)The constitution, powers and functions of the Board of Studies shall he such as may be prescribed.

31. Planning Board.

(1)There shall be constituted a Planning Board of the University which shall advise generally on the planning and development of the University.

(2)The Planning Board shall consist of the following members, namely:-

(i)the Vice-Chancellor, ex-officio Chairman;

(ii)officers of University as specified in clauses (iii) to (vi) of section 10 ; and

(iii)not more than five persons who possess high academic qualifications and experience in the respective field of planning nominated by the Planning Board.

(3)The term of office of the nominated members of the Planning Board shall be of two years.

(4)The Planning Board, in addition to all other powers vested in it by this Act. shall advise the Board of Management on policy matters and the Academic Council on any academic matters.

32. Finance Committee.

(1)The Finance Committee shall consist of the following members, namely: -

(i)the Vice-Chancellor. Ex-Officio Chairman;

(ii)the Secretary to Government. Finance Department or his representative not below the rank of the Deputy Secretary;

(iii)the Secretary to Government. Agriculture and Co-operative Department, in-charge of Animal Husbandry, or his representative not below the rank of the Deputy Secretary;

(iv)the Registrar;

(v)the Finance and Accounts Officer shall be the Member-Secretary of the Committee; and

(vi)one member lo be nominated by the Vice-Chancellor from amongst the non-official members of the Board of Management.

(2)The Finance Committee shall exercise the following powers and perform the following functions, namely:-

(a)to examine the annual accounts of the University and to advise the Board thereon;

(b)to examine the annual budget estimates ;

(c)to make recommendations to the University on all proposals involving expenditure for which no provision has been made in the budget or which involves expenditure in excess of the amount provided in the budget;

(d)to review the position of financial resources, of the University from time to time;

(e)generally to advise the Board on all financial matters;

(f)to make recommendation to the Board on all matters relating to finances of the University;

(g)to recommend economy in administrative expenses;

(h)to perform such other functions relating to accounts and audit of the revenue and expenditure of the University as may be assigned to i! by the Board of Management; and

(i)to advise the Board of Management in financial matters whenever such advice is sought by the Board of Management.

Chapter V
Resident Insruction, Research and Extention Education

33. Resident Instruction.

- The Resident instruction in the University shall include Bachelor's degree, Master's degree and Doctorate degree programmes and short-term diploma and certificate courses in the disciplines of Veterinary and Animal Science, Dairy, Fisheries and other allied sciences as may be prescribed.

34. Research.

(1)The University shall carry on strategic, basic and applied research in Veterinary. Animal Husbandry, Dairy. Fisheries and allied sciences.

(2)The University through its Research Council shall be the principal agency for research activities in Veterinary, Animal Husbandry, Dairy, Fisheries and allied Sciences within its jurisdiction.

(3)The University with the concurrence of the State Government may establish regional or the zonal research stations and sub-stations in different zones within its territorial jurisdiction for the conduct of research including operational research.

35. Extension Education.

(1)The Extension programmes shall be established in the University and shall ensure technology assessment and refinement and facilitate adoption of technology based on research findings to farmers and others for accelerated growth in animal husbandry- and allied fields. It shall conduct demonstrations and training programmes for the benefit of various stakeholders. Extension shall be co-ordinated with various units of the University and other appropriate agencies of the Central Government and the State Government.

(2)The University shall be responsible for developing extension models in veterinary and allied sciences.

Chapter VI
Statutes and Regulations

36. Statutes.

(1)Subject to the provisions of this Act. the Statutes shall be made by the Board.

(2)The Statutes may provide for all or any of !he following matters, namely

(i)the constitution, powers and duties of the authorities of the University;

(ii)the conditions of service of the Vice-Chancellor.

(iii)the powers, functions, duties, qualifications, manner of appointment and conditions of service of the officers of the 1 University other than the Chancellor and Vice- Chancellor;

(iv)the functions, duties, qualifications, manner of appointment and conditions of service of the teachers;

(v)the functions, duties, qualifications, manner of appointment and conditions of service of the other employees;

(vi)the delegation of financial, administrative and other powers;

(vii)holding of convocation for conferring degrees;

(viii)the conferment and withdrawal of honorary degrees and academic distinctions;

(ix)the establishment, amalgamation, sub-division and abolition of faculties;

(x)the establishment of departments in the faculties;

(xi)acceptance and management of trusts, bequests, donations, etc.;

(xii)the acceptance of endowment for scholarships, fellowships, prizes, medals and other awards of academic nature;

(xiii)the registrations of graduates and maintenance of the records of their academic performance;

(xiv)instruction, teaching and examinations of the students;

(xv)establishment of colleges, research stations, extension centres, hostels, libraries etc.;

(xvi)the procedure of meeting of the University Authorities and committees and the conduct of their business ;

(xvii)the manner and the terms and conditions governing the pension, provident and insurance funds for the benefit of officers, teachers and other employees of the University; and

(xviii)any matter which is to be or may be prescribed by Statutes under this Act.

(3)Where a Statute affects the powers or duties of any officer or authority of the University, the Board shall, before passing such Statute, ascertain and consider the views of the officer or the authority concerned and take the same into consideration.

(4)Every Statute passed by the Board shall be submitted to the Chancellor who may give or withhold his assent thereto or refer it back to the Board for consideration..

(5)No Statute passed by the Board shall he valid until it is assented to by the Chancellor.

37. Regulations.

(1)The authorities of the University specified in clauses (2), (5) and (6) of section 20 may make Regulations consistent with this Act and the Statutes, for all or any of the following matters, namely :

(a)laying down the procedure lo be observed at their meetings and the conduct of their business;

(b)providing for the matter which by this Act or the Statutes have to be provided by regulations; and

(c)providing for all matters solely concerning such authorities or lor matters for which provisions arc, in the opinion of such authorities necessary for the exercise of their powers and performance of their duties under this Act or the Statutes.

(2)A regulation made by an authority shall have effect from such date, as the authority making the regulation may direct.

(3)The Academic Council may, subject to the provisions of the Statutes, make regulations providing for courses of study, system of examinations and degrees and diplomas of the University, after receiving drafts of the same from the Faculty concerned.

(4)

(a)On receipt of the draft from the Faculty under sub-section (3), the Academic Council may approve such draft and pass the regulations or either reject the draft or return it to the Faculty for reconsideration either in whole or in part together, with the suggestions of the Academic Council. The Academic Council shall be the final authority for the approval of such draft of regulations.

(b)After any draft so returned has been further considered by the Faculty together with any amendment suggested by the Academic Council, it shall be again presented to the Academic Council with the report of the Faculty thereon and the Academic Council may then deal with the draft in any manner as it thinks fit.

(5)The Board of Management may direct to carry out the amendments, in such manner as it may specify, of any regulation made by any authority under this section :Provided that any such amendment shall not effect the validity of anything previously done or omitted to be done under that regulation.

(6)A regulation which involves expenditure from the University fund shall not be effective until it is approved by the Board of Management.

Chapter VII
Funds and Accounts

38. University Fund.

(1)The University shall establish a fund to be called the University Fund.

(2)The following shall form part of, or be paid into the University Fund, namely:-

(a)any contribution or grant by Government or Veterinary Council of India or Indian Council of Agricultural Research or any other agency;

(b)the income of the University from all sources including income from fees and charges and sale of farm products;

(c)receipts, bequest, donations endowments and other grants, etc., received by the University; and

(d)any sum borrowed from the Banks with the previous permission of the State Government.

(3)The University Fund shall be kept in the State Bank of India, or in any Scheduled Bank as defined in the Reserve Bank of India Act. 1934,(II of 1934.). or be, invested in securities authorised by the Trusts Act, 1882,(II of 1882.) or the Bombay Public Trusts Act, 1950,(Bom. XXIX of 1950.).

39. Foundation Fund of University.

(1)The University shall establish a fund to be called the Foundation fund of University from contributions and grants made by the Government for being credited to that fund and such other sums from the University which may be credited to the said Fund in accordance with the Statutes.

(2)The moneys in the Foundation Fund shall be invested in the Securities authorised by the Trusts Act. 1882,(II of 1882.) or the Bombay Public Trusts Act. 1950,(Bom. XXIX of 1950.).

(3)The funds and all moneys of the University shall be managed in such manner as may be prescribed.

40. Other Funds.

- The University may have such other funds as may be prescribed by the Statutes.

41. Pension Provident Funds, etc.

(1)The University shall make adequate provisions to constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be prescribed, pension, provident and insurance funds as it may deem fit.

(2)The State Government may declare that the provisions of the Provident Funds Act, 1925,(XIX of 1925.) shall apply to the fund constituted under subsection (1) as if they were Government provident fund.

42. Provident Fund to be deposited in Government treasury.

(1)Where the University has established a provident fund under section 41, such fund shall, notwithstanding anything contained in any law for the time being in force, be deposited in the State Government treasury in accordance with such directions as the State Government may, from time lo lime, by an order in writing give, and thereupon

(i)the subscriber to the fund shall be entitled to interest on the balance in his provident fund account at the same rate at which the servant of the State Government is for the time being entitled to on the balance in his provident fund account; and

(ii)the rules for the time being in force relating to the limits of withdrawals from the provident fund as applicable to such Government servant shall, so far as may be, apply to the subscriber.

(2)Nothing in this section shall apply to a provident fund established by the University to which the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 applies.

43. Grants.

- The State Government may, in each year after due appropriation made by the State Legislature by law in this behalf, make provision for making grants to the University, as follows:-

(a)a grant of an amount not less than the estimated net expenditure on pay and allowances of the staff, contingencies and services of the University;

(b)a grant to meet such additional items of expenditure, recurring and non-recurring as the State Government may deem necessary for the proper functioning of the University.

44. Annual account, audit and financial estimates.

(1)The annual accounts of the University shall be prepared under the direction of the Board, by the Finance and Accounts Officer and all moneys accruing to or received by the University from whatever source and ail amounts disbursed and paid by the University shall be entered in the accounts.

(2)The Board shall prepare before such date as may he prescribed, the financial estimates for the ensuing year having regard to the Government grants that are likely to be available.

(3)The annual accounts and the financial estimates shall be considered and a resolution adopting the accounts and financial estimates shall be passed by the Board at its annual meeting.

(4)The annual accounts so adopted shall be submitted by the Vice-Chancellor to the State Government for audit which shall cause an audit to be carried out by an auditor appointed by the State Government, in consultation with the Accountant General, Gujarat State.

(5)The Board shall, after the accounts arc audited, submit a copy thereof alongwith a copy of audit report and statement of the action taken by the University on the audit report to the State Government which shall cause the same to be laid before the State Legislature.

45. Annual Report.

(1)The annual report of the University- shall be prepared by the Registrar under the direction of the Vice-Chancellor and shall be submitted to the Board at least one month before the annual meeting at which it is to he considered.

(2)The Board shall after considering the report, forward it to the Slate Government with such comments as may be deemed necessary, and the State Government shall cause the report together with its comments to be laid before the Stale Legislature.

Chapter VIII
Affiliation and Recognition

46. Affiliation.

(1)A college desiring to impart education in Veterinary and allied sciences shall make ail application to the Registrar in such manner, in such form containing such particulars and undertaking and alongwith such fees as may be prescribed, for an affiliation to the University, not later than 31" March of the year preceding the year in which the college is proposed to be started:Provided that, on the recommendation of the Vice-Chancellor, the Board may, if it is satisfied that there are special reasons to do so, after recording such reasons, entertain a letter of application sent to the Registrar after 31st March.

(2)A college applying for an affiliation shall satisfy the Board and the Academic Council -

(a)that the college is to be under the management of regularly constituted governing body;

(b)that the strength and the qualifications of the teaching staff and the conditions governing their tenure of office arc such as to make due provision for the education in veterinary and allied sciences to be imparted by the college and for conducting and guiding research in veterinary and allied sciences and programmes of extension education to be undertaken by the college;

(c)that the buildings in which the college is or is to be located arc suitable and that provision has been or shall be made, in conformity with the Statutes, for the residence in the college or in lodging approved by the college, of students not residing with their parents or guardians and for the supervision and welfare of students;

(d)that due provision is made or shall be made for a library;

(e)that where affiliation is sought in any branch of experimental science, arrangements have been or shall be made in conformity with the Statutes and regulations for imparting instruction in that branch of science in a properly equipped laboratory;

(f)that due provision is made or shall be made as far as circumstances may permit, for the residence of the Dean and other members of the teaching staff in or near the college or the place provided for the residence of students;

(g)that the financial resources of the college arc such as to make due provision for its continued maintenance and efficient working;

(h)that the college rules fixing the fees (if any) to be paid by the students have not been so framed as to involve such competition with any existing college, in the same neighbourhood as would be injurious to the interest of education;

(i)that for recruitment of the Dean and members of the teaching staff of the college, there is a selection committee of the college which shall include-

(i)in case of recruitment of the Dean, a representative of the University nominated by the Vice-Chancellor, and

(ii)in case of recruitment of a member of the teaching staff of the college, a representative of the University nominated by the Vice-Chancellor and the Head of the Department, if any. concerned with the subject to be taught by such member:

Provided that nothing in this clause shall apply to a Government college or a college maintained by the Government.

(3)The application shall contain an undertaking that the college shall comply with all the provisions and regulations under Indian Veterinary Council Act, 1984 and the Statutes and Regulations providing for conditions of service including pay scales and allowances of the teaching and other academic and non-academic staff of an affiliated college, not being a Government college or a college maintained by the Government.

(4)The application shall contain an undertaking that after the college is affiliated, any transfer of management and changes in the teaching staff and other changes which result in any of the aforesaid requirement not being fulfilled or continued to be fulfilled shall be forthwith reported to the Board.

(5)On receipt of an application made under sub-section (1), the Board shall.-

(a)direct a local inquiry to be made by a competent person or persons authorised by the Board in this behalf in respect of the matters referred to in an application and such other matters as may be deemed necessary and relevant;

(b)make such further inquiry as may appear to it to be necessary;

(c)give due consideration to the request, if any, made by the applicant for reconsideration of any of the conditions conveyed to him; and

(d)record its opinion after consulting the Academic Council on the question whether the application should be granted or refused either in whole or in part, stating the result of any inquiry under clauses (a) and (b):

Provided that where the views of the Academic Council with regard to the affiliation of a college are not acceptable to the Board, the Board shall refer the matter again to the Academic Council, with or without its comments and the Academic Council shall communicate again to the Board its views with regard to the affiliation of the college.

(6)Where the application or any pan thereof is granted, the order of the University shall specify the courses of instruction in respect of which the college is affiliated and where the application or any pan thereof is refused, the grounds of such refusal shall be recorded.

(7)The applicant can make appeal to the State Government if affiliation is refused either in whole or in part. The Registrar shall submit all the proceedings of the Academic Council and the Board relating thereto to the Slate Government which shall, after such inquiry as may appear to it to be necessary, grant or refuse the application or any part thereof.

(8)An application under sub-section (1) may be withdrawn at any time an order is made under sub-section (6).

47. Extension of affiliation.

- Where a college desires to add to the courses of instruction in respect of which it is affiliated, the procedure prescribed by section 46 shall, as far as possible, be followed.

48. Recognition of institution.

(1)The Board shall have power, after consultation with the Academic Council, to recognise an institution of Research or Extension Education as a recognised institute, other than a college in Veterinary and allied sciences.

(2)An institution, which desires to have such recognition, shall make an application to the Registrar and shall give full information in the application in respect of the following matters, namely

(a)constitution and personnel of the managing body;

(b)Subjects and courses in regard to which recognition is sought;

(c)accommodation, equipments, library facilities and the number of students for whom provision has been or is proposed to be made;

(d)the strength of the staff, their qualifications and salaries and the research work done by them;

(e)fees levied or proposed to be levied and the financial provision made for capital expenditure on buildings and equipments and for the continued maintenance and efficient working of the institution.

(3)Before taking the application into consideration, the Board may call for any further information which it may deem necessary'.

(4)The Board may direct a local inquiry to be made by a competent person or persons authorised by it in this behalf. After considering the report made as a result of such local inquiry and making such further inquiry- as may appear lo it to be necessary, the Board shall, after obtaining the opinion of the Academic Council, grant or refuse the application or any part thereof. Where the application or any part thereof is granted, the Board shall specify the subjects and courses of instructions in respect of which the institution is recognised and make a report to that effect to the Academic Council at their next succeeding meeting. The grounds of refusal of the application or any pan thereof shall be stated.

49. Inspection of college or recognised institution.

(1)Every affiliated college and recognised institution shall furnish such reports, returns and other information as the Board, after consulting the Academic Council, may require to enable it to judge the efficiency of the college or the institution.

(2)On a direction by the Board in that behalf, it shall he the duty of the inspection committee constituted by it to inspect an affiliated college or a recognised institution and to make a report to the Board.

(3)The Board shall cause every such college or institution to be inspected from time to time by the inspection committee.

(4)The Board may call upon any college or institution so inspected to take, within a specified period, such action as may appear to it to be necessary in respect of the matters and undertakings referred to in its application under sub-section (1) of section 46 or, as the case may be, subsection (2) of section 48 or the conditions subject to which such status is granted.

50. Affiliated college and recognised institutions to comply with provisions of Acts, Statutes and Regulations.

(1)Every affiliated college or recognised institution shall comply with the provisions of this Act. the Statutes and the Regulations.

(2)If any affiliated college or recognised institution contravenes the provisions of sub-section (I), then, notwithstanding anything contained in the other provisions of this Act.-

(a)the rights conferred on such college or institution by the affiliation or recognition shall stand withdrawn from the dale of such contravention; and

(b)such college or institution shall cease to be an affiliated college or recognised institution for the purposes of tins Act.

(3)If any affiliated college or recognised institution affected by sub-section (2) raises any dispute as to the withdrawal of its rights of affiliation or recognition, then such dispute shall be referred to the State Government and the State Government shall decide the dispute and its decision shall be final.

51. Withdrawal of affiliation.

(1)The rights conferred on a college by affiliation may be withdrawn in whole or in part or modified if the college has failed to observe any of the conditions of its affiliation or the college is conducted in a manner which is prejudicial to the interests of education.

(2)A motion for the withdrawal or the modification of such rights shall be initiated only in the Board. The member of the Board, who intends to move such a motion, shall give notice of it and shall stale in writing the grounds on which it is made.

(3)Before taking the said motion into consideration, the Board shall send a copy of the notice of the motion and statement of grounds on which it is made to the Dean of the college concerned together with an intimation that any representation in writing submitted within a period specified in such intimation on behalf of the college will be considered by the Board.

(4)On receipt of the representation or on the expiry of the period referred to in sub-section (3). the Board, after considering the notice of motion, statement and representation, and after such inspection by any competent person or persons authorised by the Board in this behalf, and such further inquiry as may appear to it to be necessary and after consulting the Academic Council may, by a resolution, withdraw or suspend affiliation.

52. Withdrawal of recognition.

(1)The rights conferred on an institution by recognition may be withdrawn or suspended for any period if the institution has failed to observe any of the conditions of its recognition or the institution has conducted in a manner which is prejudicial to the interest of education.

(2)A motion for such withdrawal or suspension shall be initiated only in the Board. The member of the Board, who intends to move such a motion, shall give notice of it and shall state in writing the grounds on which it is made.

(3)Before taking the said motion into consideration, the Board shall send .i cony of the notice of motion and statement of grounds on which it is made to the head of the institution concerned, together with an intimation that any representation in writing submitted within a period specified in the intimation on behalf of the institution will be considered by the Board.

(4)On receipt of the representation or on the expiry of the period referral to in sub-section (3). the Board, after considering the notice of motion, statement and representation and after such inspection by any competent person or persons authorised by the Board in -his behalf and after such further inquiry as may appear to it to be necessary, and after consulting the Academic Council, may, by a resolution, withdraw or suspend recognition.

Chapter IX
Supplementary Provisions

53. Vice-Chancellor, other officers and employees to be public servant.

- The Vice-Chancellor, the Registrar, the Finance and Accounts Officer, the Deans, the Directors and other officers and employees of the University shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servant within the meaning of section 21 of the Indian Penal Code.Explanation - For the purpose of this section, any person who is appointed by the University for a specified period or for a specified work of the University, or who receives any remuneration by way of compensatory allowance or fees for any work done from the University Fund, shall be deemed to be an officer or employee of the University while he is performing, and in relation to all matters relatable to the performance of. the dunes and functions connected with such appointment or work.

54. Constitution of Committees.

- The authority of the University may appoint a committee, consisting of its members and such other persons, as it may deem fit, for the purpose of achieving its objects.

55. Delegation of Powers.

- Subject to the provisions of this Act and the Statutes, any authority of the University may delegate its powers vested in it to such officer or the authority subordinate to it.

56. Conditions of service of employees.

(1)Subject to the provisions of this Act, the designations, qualifications, method of recruitment, pay and allowances, their powers and duties and other terms and conditions of service of all employees of the University shall be such as may from time to time be prescribed.

(2)No officer or employee of the University shall be offered nor shall he accept any remuneration for any work in the University save such as may be provided for in the Statutes.

57. Removal from membership of and University authority or vacating of office.

(1)The Board may with the approval of the Chancellor, remove any person from membership of any authority or body of the University on the ground that his conduct is not befitting the office held by him:Provided that prior approval of the Chancellor shall not be required where such person has been convicted of a criminal offence involving moral turpitude by court of law:Provided further that no order for removal shall he passed against any member without giving him an opportunity of being heard.

(2)A person who is a member of any authority or body of the University as a representative of another body whether of the University or not shall cease to be a member of such authority or hotly if he ceases to be a member of that other body from which he was appointed, nominated or coopted.

(3)Whenever any person becomes a member of any authority or body of the University by virtue of the office held by him. he shall cease to be a member of such authority or body, if he ceases to hold such office.

(4)Any member, other than an ex-officio member of any authority or body of the University, may resign his office by letter addressed to the Vice-Chancellor through the Registrar and such resignation shall take effect from the date on which the same is accepted by the authority competent to fill the vacancy or on the expiry of three months from the date of receipt of the letter by the Vice-Chancellor, whichever is earlier.

58. Filling of casual vacancies.

- When any vacancy occurs in the office of a member (other than an ex-officio member) of any authority or body of the University before the expiry of the term of office of such member, the vacancy shall be filled up. as soon as conveniently may be. by the nomination, appointment or cooption. as the case may be, of a member who shall hold office so long only IV-Ex. 10-10 as the member in whose place he has been nominated, appointed or co-opted would have held it. if the vacancy had not occurred.

59. Proceedings not to be invalidated by vacancies.

- No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of any vacancy in Us membership or by reason of some person having taken part in the proceedings who is subsequently found not to have been entitled to do so.

60. Disputes as to constitution of University authority or body.

- Where any question arises as to.

(1)the interpretation of any provision of this Act or of any Statute or Regulation, or

(2)whether a person has been duly appointed as, or is entitled to be or ceases to be entitled to be a member of any authority or other body of the University or whether a body or authority of the University is duly constituted, or

(3)whether any decision of the University is in accordance with provisions of this Act. Statutes or Regulations,

(a)it may be referred to the State Government if it relates to a matter specified in clauses (1) and (3). and

(b)it shall be referred to the State Government

(i)if it relates to a matter specified in clause (2), or

(ii)if not less than five members of the Board so required, and the State Government shall after making such inquiry, as it deems fit and after giving an opportunity of being heard, decide the question and its decision shall be final.

61. Protection of action taken in good faith.

- No suit, prosecution or other legal proceedings shall lie against the University, its authorities, bodies, officers or other employees for anything done or purported to be done in good faith in pursuance of this Act. the Statutes and Regulations framed thereunder.

Chapter X
Transitory Provisions

62. Appointment of first Vice-Chancellor.

- Notwithstanding anything contained in section 12. the first Vice-Chancellor shall be appointed by the State Government as soon as practicable after the commencement of this Act for a period not exceeding three years and on such terms and conditions as the State Government thinks fit.

63. Transitory powers of first Vice-Chancellor.

(1)It shall be the duty of the first Vice-Chancellor to make arrangements for constituting the Academic Council and other authorities of the University, other than the Board of Management, within six months after the date of his appointment or such longer period not exceeding one year in the aggregate as the State Government may, by notification in the Official Gazelle, direct.

(2)The first Vice-Chancellor shall-

(a)subject to the provisions of the Act in consultation with the State Government, -

(i)make provisional Statutes necessary for constituting the authorities of the University and relating to the procedure at their meetings and the transaction of their business;

(ii)draw up rules that may be necessary for regulating the method of constitution of authorities.

(b)frame the first Statutes and Regulations under the Act and submit them for confirmation of the respective authorities when they commence to exercise their functions. Such Statutes and Regulations when confirmed by the respective authority shall be published in the Official Gazelle.

(3)The authorities constituted under sub-section (1) shall commence to exercise their functions on such date or dates as the State Government may, by notification in the Official Gazette, direct.

(4)Notwithstanding anything contained in this Act and the Statutes and regulations, until such time an authority is duly constituted, the first Vice-Chancellor may appoint any officer or constitute any committee temporarily to exercise and perform any of the powers and functions of such authority under this Act, Statutes and Regulations.

64. First appointment of officers and teachers of University.

(1)At any time after the commencement of this Act until such times as the authorities of the University commence to exercise their functions, the Vice-Chancellor with the previous sanction of the Chancellor may appoint any officer or teacher of University.

(2)Any appointment made under sub-section (1) shall be for such period not exceeding three years and on such conditions as the appointing authority thinks fit:Provided that no such appointment shall be made until financial provision has been made thereof.

65. Extraordinary powers of the first Vice-Chancellor.

- The Vice-Chancellor appointed under section 62 shall have the following powers until the Board of Management commences to exercise its functions, namely:-

(a)with the previous approval of the Chancellor, to make additional Statutes to provide for any matter not provided for by the first Statutes;

(b)to constitute provisional authorities and bodies and on their recommendations, to make rules providing for the conduct of the work of the University;

(c)subject to the control of the State Government, to make such financial arrangement as may be necessary to enable this Act or any part thereof for bringing into force;

(d)with the sanction of the Chancellor, to make, for a period not exceeding three years, such appointments as may be necessary by or under this Act;

(e)to appoint any committee as he may think fit, to discharge such of his functions as he may direct; and

(f)generally to exercise all or any of the powers conferred on the Board of Management by or under the provisions of this Act.

66. Power of State Government to remove difficulties.

(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 appear lo be necessary or expedient for removing the difficulty :Provided that no such order shall be made under this section after the expiry of three 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.

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