[Cites 0, Cited by 0]

State of Gujarat - Act

Uka Tarsadia University First Statutes, 2012

GUJARAT
India

Uka Tarsadia University First Statutes, 2012

Rule UKA-TARSADIA-UNIVERSITY-FIRST-STATUTES-2012 of 2012

Published on 6 December 2013
Commenced on 6 December 2013
[This is the version of this document from 6 December 2013.]
[Note: The original publication document is not available and this content could not be verified.]

Uka Tarsadia University First Statutes, 2012Published vide Notification No. GH/SH/67/FSU/2013/1268/KH-1, dated 6.12.2013Last Updated 5th November, 2019No. GH/SH/67/FSU/2013/1268/KH-1. - In Exercise of the Powers Conferred by the Section 26 of the Gujarat Private Universities Act, 2009 (Gujarat Act No. 8 of 2009), The Government of Gujarat Hereby Approves the first Statutes of Uka Tarsadia University, Bardoli, District Surat as Proposed by the Governing Body of the University in its Meeting Held on 14.09.2013.

1. Short title & commencement.

- (1.1) These statutes may be called the Uka Tarsadia University First Statutes, 2012.(1.2) They shall come into force on the date of their publication in the Official Gazette of Government of Gujarat

2. Definitions.

- (2.1) In these statutes, unless the context otherwise requires,

(a)"Act" means the Gujarat Act No. 25 of 2011 (An Act to amend the Gujarat Private Universities Act, 2009);

(b)"Governing Body" means the Governing Body of the University;

(c)"Board of Management" means the Board of Management of the University;

(d)"Clause" means a clause of the statutes in which that expression occurs;

(e)"Section" means a section of the Act;

(f)"Academic Staff" shall include Professor, Associate Professor/ Reader, Assistant Professor/ Lecturer, Instructor, Demonstrator, Librarian, Assistant Librarian, Programmer, System Manager and such other academic posts as may be decided by the Board of Management;

(g)"Head of the Institute" means Principal/ Deant Director/ Head appointed as per the Statutes.

(2.2) Words and expressions used but not defined in these Statutes shall have the meanings assigned to them in the Act.

3. The Officers of the University.

- (i) The President;

(ii)The Vice-President;

(iii)The Provost;

(iv)The Registrar;

(v)Chief Finance and Accounts Officer;

(vi)Such other persons as may be declared to be the officers by regulations of the University.

4. The President : Appointment and Powers.

- (4.1) The President of the sponsoring body shall be the President of the University.(4.2) The President shall hold the office for a term of three years. However, after expiry of the term of three years, /he shall be eligible for re-appointment for another term of three years.(4.3) (a) The President shall be the head of the University and the Chairman of the Governing Body and shall, when present, preside at the meetings of the Governing Body and Convocations of the University for conferring degrees, diplomas or other academic distinctions.

(b)The President shall appoint the first provost for a period of one year or until a regular Provost is appointed, whichever is earlier.

(c)For the purpose of appointing a regular Provost, the President shall appoint a search committee consisting of

(i)An eminent Management professional to be nominated by the Board of Management;

(ii)An eminent educationist to be nominated by the Board of Management; and

(iii)One member of the Board of Management to be nominated by the President.

(4.4) (a) The President shall have the right to cause an inspection to be made by such person or persons as s/he may direct, of the University, its buildings, laboratories, libraries, museums, workshops and equipment, of any institution or hostel maintained or recognised by the University, of the technical and other work conducted by the University, and of the conduct of examinations held by the University; and to cause an inquiry to be made in respect of any matter connected with the University. The President shall in every case give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall be entitled to be represented thereat.

(b)The President shall communicate to the Governing Body and the Board of Management his/her views with reference to the results of such an inspection or inquiry and shall, after ascertaining the opinion of the Governing Body and the Board of Management, advise the University on the action to be taken.

(c)The Board of Management shall report to the President such action, if any, as it has taken or may propose to take up on the results of the inspection or inquiry. Such report shall be submitted with the opinion of the Governing Body thereon and within such time as the President may direct.

(d)When the Board of Management does not within a reasonable time take action to the satisfaction of the President, the President, may, after considering an explanation furnished or representation made by the Board of Management, issue such directions as' s/he may think fit and the Board of Management shall comply with such directions.

(4.5) (a) During the leave or absence of the Provost, or

(b)In the event of a permanent vacancy in the office of the Provost, until an appointment is made, one of the Deans of the University shall be nominated by the President to carry on the current duties of the Provost.

(4.6) The President shall be ex-officio member of the Governing Body and the Board of Management.(4.7) (a) The President shall fix the dates for the meeting of the Governing Body;

(b)The President shall fix the dates for the meeting of the Board of Management.

(4.8) (a) Every Statute passed by the Governing Body shall be submitted to the President who may give or withhold his/her assent thereto or refer it back to the Governing Body for consideration;

(b)No statute passed by the Governing Body shall have validity until assented by the President.

(4.9) If no less than two-thirds of the members of the Governing Body recommend that an honorary degree, or other academic distinction be conferred on any person on the ground that s/he is in their opinion by reason of eminent position and attainments a fit and proper person to receive such a degree or other academic distinction and where their recommendation is supported by a majority of not less than two-thirds of the members of the Governing Body present at a meeting of the Governing Body, such majority comprising not less than one-half of the members of the Governing Body, and the recommendation is confirmed by the President, the Governing Body may confer on such person the honorary degree or other academic distinction so recommended without requiring him/her to undergo any examination.(4.10) The President, on the recommendation of the Governing Body and the Board of Management, supported by a majority of not less than two- thirds of the members of each body present at its meeting, such majority comprising of not less than one-half of the members of each body, may remove the name of any person from the register of degrees if s/he has been convicted by a court of law of any offence which in the opinion of the Governing Body and the Board of Management, is a serious offence involving moral turpitude or if s/he has been guilty of scandalous conduct.(4.11) The President may, on representation made or otherwise and after making such inquiry as may be necessary and is of the opinion that the continuance of the Provost is not in the interests of the University, by an order in writing stating the reasons therein, direct the Provost to relinquish his/her office from the date specified in the order:Provided that before taking an action under this sub-section, the Provost shall be given an opportunity of being heard. However, under any circumstances, the decision of the President shall be final.

5. The Vice-President: Appointment and Powers.

- (5.1) The Vice-President shall be appointed by the Governing Body from among the members of the Governing Body on the recommendation of the President.(5.2) The Vice-President shall hold the office for a term of three years. However, after expiry of the term of three years, s/he shall be eligible for reappointment for another term of three years.(5.3) (i) The Vice-President shall carry out all the instructions given to him/her by the President.

(ii)If the President by reason of illness, absence or any other cause is unable to perform the duties of his/her office the Vice-President shall have all the powers of the President and shall perform all the duties of the President.

(iii)However, the Vice-President shall report to the President all such actions taken by him/her in the absence of the President at the earliest opportunity thereafter within a reasonable period. But in any case this period should not exceed one month.

6. The Provost : Appointment and Powers.

- (6.1) (a) The Provost shall be appointed by the Governing Body out of the panel of three persons recommended by the Search Committee consisting of the following members, and shall, subject to the provisions of sub-section (4.11), hold office for a term of three years:

(i)An eminent professional to be nominated by the Board of Management;

(ii)An eminent educationalist to be nominated by the Board of Management; and

(iii)One member of the Board of Management to be nominated by the President.

(b)After expiry of the term of three years, a person shall be eligible for re-appointment for another term of three years.

(c)Provost shall continue to hold the office even after expiry of his/her term till new Provost takes charge of the office, but in any case this period shall not exceed one year.

(d)The President may appoint first Provost for a period of one year or until the regular Provost is appointed, whichever is earlier.

(6.2) (a) Where, in the opinion of the Provost it is necessary to take immediate action on any matter for which powers are conferred on any other authority by or under this Act s/he may take such action as s/he deems necessary and shall at the earliest opportunity thereafter report his/her action to such officer or authority as would have in the ordinary course dealt with the matter.Provided that if in the opinion of the concerned officer or authority such action should not have been taken by the Provost then such case shall be referred to the President whose decision thereon shall be final.Provided further that where any such action taken by the Provost affects any person in the service of the University, such person shall be entitled to prefer, within three months from the date on which such action is communicated to him/her, an appeal to the Board of Management and it may confirm or modify or reverse the action taken by the Provost. Where, in the opinion of the Provost, decision of any authority of the University is not within the powers conferred by this Act or the Statutes, the Ordinances, the Regulations, or the rules or is likely to be prejudicial to the interests of the University, s/he shall request the concerned authority to revise its decision within fifteen days from the date of its decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within fifteen days, then such matter shall be referred to the President and his/her decision thereon shall be final. The Provost shall exercise such powers and perform such Functions as may be prescribed by the Statutes or the Ordinances.

(b)The Provost shall have power to convene meetings of the Academic Council and such other authorities of the University of which s/he is the chairman. S/He may delegate this power to any other officer of the University.

(c)It shall be the duty of the Provost to ensure that this Act the Statutes, Ordinances, Regulations and Rules are faithfully observed and s/he shall have all powers necessary for this purpose.

(d)In any emergency which, in the opinion of the Provost requires that immediate action should be taken, s/he shall take such action as s/he deems necessary and shall at the earliest opportunity thereafter furnish information regarding his/her action to such officer, authority or body as would have in the ordinary course dealt with the matter.

(e)When action taken by the Provost under this sub-section affects any person in the service of the University such person shall be entitled to prefer an appeal through the said officer, authority or body to the Board of Management within one month from the date on which such action is communicated to him/her.

(f)The Provost shall give effect to the orders of the Board of Management regarding appointment, dismissal, suspension and punishment of the persons in the service of the University or teachers of the University or regarding the recognition or withdrawal of the recognition of any such teacher and shall exercise general control over the affairs of the University. S/He shall be responsible for the discipline of the University in accordance with this Act, the Statutes and Ordinances.

(g)However, where the Provost after making such inquiry as s/he deems fit is of opinion that the execution of any order or resolution of an authority or the doing of anything 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 statute, ordinance, rule or regulation, or

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

(iii)is likely to lead breach of peace, he may forward a copy of the order or resolution or, as the case may be, refer the doing of the thing, 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/her, or the doing of the thing be refrained from.

(h)Where the authority after reconsideration revises or modifies the order or the resolution in the manner stated by the Provost then such revised or modified order or resolution shall revive from the date of such revision or modification.

(i)Where the authority revises or modifies the order or resolution in such manner as is inconsistent with the manner stated by the Provost, the Provost shall refer the matter to the President for his/her decision.

(j)The President may, on such reference, being made, revise or modify the order or resolution or direct that the order or resolution shall continue to be 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 President without giving the concerned authority a reasonable opportunity of showing the cause against the order.

(k)The order, resolution or, as the case may be, the doing of thing, shall remain in abeyance from the date of the action of the Provost of forwarding the copy of order or resolution or of making reference under clause (g) (iii) till the date of the order of the President under clause (j).

(l)The Provost shall exercise such other powers as may be prescribed by the Statutes, Ordinances and Regulations.

7. The Registrar: Appointment and Powers.

- (7.1) (a) The appointment of the Registrar shall be made by the President in such manner as may be prescribed by the Statutes.

(b)The appointment of the Registrar shall ordinarily be on probation for a period of one year on the expiry of the said period the appointment shall be made permanent if the Registrar has given satisfaction in his work, of which the Board of Management shall be the sole judge, provided however that it shall be competent for the Board of Management and the Registrar at any time during the period of probation or thereafter, by either party giving not less than three calendar months, notice in writing to the other or by mutual agreement to terminate the tenure of his/her office. This statute will come in force with effect from the date of assent given by the President.

(7.2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University. The Registrar shall be the Member-Secretary of the Governing Body, the Board of Management and Academic Council but s/he shall not have a right to vote.The Registrar shall exercise such powers and perform such duties as may be specified in the Statutes or the Ordinances.The Registrar shall be the head of the University office and shall have, subject to the approval of the Provost, the power:i. to fix and define the functions of the members of the staff in the University office from time to time, andii. to take appropriate action for the efficient working of the University office, subject to the approval of the Provost;iii. to supervise day to day work of the staff of the University Office and to enforce discipline consonance with the conduct and discipline rules of the University.(7.3) The duties of the Registrar shall be as follows:

(a)To be the custodian of the common seal, buildings, gardens, records, library and such other property of the University as the Board of Management shall commit to his/her charge;

(b)To act as Secretary to the Governing Body, the Board of Management, the Academic Council, the Faculties, the Boards of Studies, the Board of University Teaching, the Committee of Selection for appointment of teachers of the University, the Committee for recognition of Teachers of the University, the committee for appointment of Examiners, and to such other Boards or Committees as may be appointed from time to time and to keep minutes thereof, without the right to vote;

(c)To conduct the official correspondence of the Board of Management and the Governing Body;

(d)To issue notices convening meeting of the University Authorities, Boards and Committee and to make all arrangements thereof;

(e)To perform such other duties as may be, from time to time, prescribed by the Board of Management and generally to render such assistance as may be desired by the Provost in the performance of his/her official duties;

(f)To make arrangements under the direction of the Provost for the conduct of the University elections;

(g)To sign contracts, offers and agreements on behalf of the University under direction of the Board of Management;

(h)To supervise in general the conduct of the examinations.

(7.4) When the office of the Registrar is vacant or where the Registrar is by reason of illness, absence or any other cause unable to perform the duties of his/her office, the duties of his/her office shall be performed by such person as the Provost may appoint for the purpose.

8. The Chief Finance and Accounts Officer: Appointment and Power.

- (8.1) The appointment of the Chief Finance and Accounts Officer shall be made in such manner as may be prescribed by the Statutes.

(a)The Board of Management shall constitute a selection committee for the appointment of the Chief Finance and Accounts Officer.

(b)The Chief Finance and Accounts Officer shall be appointed by the Board of Management on the recommendation of the selection committee constituted under clause ((8.1) a) and s/he shall be a whole time salaried officer of the University and shall work under the control of the Provost.

(c)The emoluments and other conditions of service of the Chief Finance and Accounts Officer shall be prescribed by the Ordinances.

(d)When the office of the Chief Finance and Accounts Officer is vacant or when the Chief Finance and Accounts Officer is, by reason of ill health, absence or any other cause, unable to perform his/her functions as the Chief Finance and Accounts Officer, his/her functions shall be performed by such person as the Provost may appoint for the purpose.

(e)The Chief Finance and Accounts Officer shall-

i. Exercise general supervision over the funds of the University and advise it as regards its financial policies; andii. Perform such other financial functions as may be assigned to him by the Board of Management or as may be prescribed by the Statutes or the Ordinances.Provided that the s/he shall not incur any expenditure or make any investment exceeding one lakh rupees without the prior approval of the Board of Management.

(f)Subject to the control of the Provost and the Board of Management, the Chief Finance and Accounts Officer shall-

i. Hold and manage the properties and investments of the University and immovable properties, for fulfilling any of the objects of the University,ii. See that the limits fixed by the Finance Committee for recurring and nonrecurring expenditure for a year are not exceeded and the money is expended or spent for the purposes for which it was granted or allotted;iii. Be responsible for the preparation of the annual accounts and the budget of the University and for their presentation to the Board of Management after they have been considered by the Finance Committee,iv. Keep a constant Watch on the cash and bank balances and investments;v. Watch the progress of collection of revenue and advise on the methods of collection employed;vi. Ensure that the registers of properties of the University are maintained properly and that stock checking is conducted of the equipment and other material in the offices and branches of the University including colleges and the institutions maintained by the University;vii. Bring to the notice of the Provost any unauthorized expenditure or any other financial irregularity and suggest appropriate action against person at fault; andviii. Call from any office of the University, including colleges and institutions maintained by the University, any information or report that he may consider necessary for the performance of his functions.

(g)Any receipt given by the Chief Finance and Accounts Officer or by the person or persons duly authorized in this behalf by the Board of Management shall be a sufficient discharge for payment of moneys to the University.

9. The Controller of Examination: Appointment and Powers.

- (9.1) The qualifications and mode of selection of the person to be appointed to the post of the Controller of Examinations shall be such as may be fixed by the Board of Management.(9.2) The duties of the Controller of Examinations under the supervision of the Registrar will be as under:

(a)The Controller of Examinations will be responsible for the preparation of the programmes and the conduct of University Examinations at different centres as may be fixed by the Board of Management and it shall be his/her duty to make arrangements connected with the printing of the question papers for the University Examinations.

(b)S/He shall also be in charge of preparation and publication of results of the University examinations.

(c)S/He shall undertake such projects regarding research and reforms in Examinations as may be approved by the Academic Council and Board of Management.

(d)S/He shall be the custodian of all the question papers, mark- sheets and all other confidential records connected with Examinations.

(e)S/He shall carry out such duties regarding examinations as may be assigned to him by the Board of Management or the Provost or the Registrar.

(f)S/He shall also make all necessary arrangements regarding the convocation and the award of Degrees, Diplomas, medals and prizes etc.

10. The Deans: Appointment and Powers.

- (10.1) Every Dean shall be the head of a Faculty of studies.(10.2) Every Dean shall be appointed by the Provost from among the professors of the University for a period of three years and s/he shall be eligible for reappointment:Provided further that if at any time, there is no professor in a department, the Provost, or a Dean authorized by the Provost in this behalf, shall exercise the powers of the Dean of the Faculty of Studies.(10.3) When the office of the Dean is vacant or where the Dean is by reason of illness, absence or any other cause unable to perform the duties of his office, the duties of his office shall be performed by such person as the Provost may appoint for the purpose.(10.4) The Dean shall be the head of the Faculty of studies and shall be responsible for the conduct and maintenance of the standards of teaching and research in the Faculty of studies.(10.5) The Dean shall perform such other functions as may be prescribed by the Ordinances.

11. The Heads of the institute/college/department: Appointment and Powers.

- (11.1) Every constitute institute/college/department shall have the head of concerned Institute / College/department.(11.2) All head shall be appointed by the University as per the recruitment process presented under section 18.(11.3) When the office of the Principal/Director/Head is vacant or where the Principal / Director/ Head is by reason of illness, absence or any otHer cause unable to perform the duties of his/her office, the duties of his/her office shall be performed by such person as the Provost may appoint for the purpose.(11.4) The Head shall be responsible for the conduct and maintenance of the standards of teaching and research in the Department of studies.(11.5) The Head shall perform such other functions as may be prescribed by the Ordinances.

12. The Authorities of the University.

- The following shall be the authorities of the University:i. Governing Body;ii. The Board of Management;iii. The Academic Council;iv. Such other authorities as may be declared by regulations to be the authorities of the University

13. Governing Body : Constitution and Powers.

- (13.1) The Governing Body of the University shall consist of the following members, namely:-i. The President;ii. The Provost;iii. Four persons to be nominated by the sponsoring body out of which two shall be eminent educationists;iv. Two Deans or Heads of the constituent Faculties or Departments of the University, by rotation, to be nominated by the Provost;v. One expert of Management or Information Technology from outside the University to be nominated by the Governing Body;vi. Three experts representing- other disciplines such as finance, legal, social sector to be nominated by the Governing Body;vii. One eminent industrialist to be nominated by the Governing Body; andviii. Secretary to the Government of Gujarat, Higher and Technical Education or his representative not below the rank of Deputy Secretary to Government or the Deputy Commissioner ex-officio,(13.2) The President shall be the Chairman of the Governing Body.(13.3) (a) Save as otherwise provided in this section, the term of nominated members of the Board shall be three years from the date of nomination;

(b)An ex-officio member shall continue so long as s/he holds the office by virtue of which s/he is such a member.

(c)As nearly as one third of the nominated members, except the ex-officio member shall retire by rotation each year. In the first two instances, the Board may decide the procedure to identify the members who will retire.

(d)A member may be re-nominated for the next term.

(e)A member may resign his/her office by writing under his/her hand, addressed to the Chairperson, but s/he shall continue in office until his/her resignation has been accepted by the Chairperson.

(13.4) The Governing Body shall be the supreme authority of the University. All the movable and immovable property of the University shall vest in the Governing Body.(13.5) The Governing Body shall have the following powers namely:-

(a)To provide general superintendence and directions and to control 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 decisions on question of policy relating to the administration and working of the university;

(c)To establish such special study centers, campuses or other units for research and instruction as in the opinion of the Board necessary for the furtherance of its objects;

(d)To institute new courses of study at the university;

(e)To collaborate or associate with, advise, administer, control, develop and maintain any educational institution with like or similar objects;

(f)To review the decisions of other authorities of the University in case they are not in conformity with the provisions of this Act or the Statutes, Ordinances, Regulations or Rules made there under;

(g)To receive grants, subventions, subscriptions, donations, gifts, bequeaths for the purpose of the University and consistent with the object for which the University is established and to enter into any agreement with Central Government, State Government, the University Grants Commission or other authorities or bodies for receiving any grants;

(h)To approve the budget, annual statement of accounts, and annual report of the University;

(i)To recommend to the sponsoring body about the voluntary liquidation of the University; and

(j)such other powers as may be prescribed by the Statutes.

14. The Board of Management: Constitution and Powers.

- (14.1) The Board of Management shall consist of the following persons namely:-

(a)The President;

(b)The Provost;

(c)Two members of the Governing Body, to be nominated by the Sponsoring Body;

(d)Two persons, who are not the members of the Governing Body, to be nominated by the Sponsoring Body;

(e)Three, persons from amongst the faculty members of the University, to be nominated by the Sponsoring Body; and

(f)One faculty member, to be nominated by the President.

(14.2) The President shall be the Chairperson of the Board of Management:Provided that the President at his/her discretion nominate any other member of the Governing Body to be the Chairperson of the Board of Management.(14.3) The Board of Management shall have the power of management and administration of the revenues and properties of the University and the conduct of all administrative affairs of the University not otherwise provided for.(14.4) Subject to the provisions of the Act, the Statutes and the Ordinances, the Board of Management shall, in addition to the other powers vested in it by and under the Statutes, have the following powers, namely:-

(i)To create teaching and other academic posts and to define the functions and conditions of service of the professors, associate professors/readers, assistant professors/ lecturers, instructors, demonstrators other teachers and the academic staff employed by the University after taking into consideration the recommendations of the Academic Council;

(ii)To prescribe qualifications and other conditions of eligibility for teachers and other academic staff after taking into account the recommendations of the Academic Council;

(iii)To make appointments of such professors, associate professors/readers, assistant professors/ lecturers, instructors, demonstrators other teachers and such academic staff as may be necessary, on the recommendations of the selection committees constituted for the purpose;

(iv)To make appointments to temporary vacancies of any academic staff;

(v)To specify the manner of appointment to temporary vacancies of the academic staff;

(vi)To provide for the appointment of visiting professors, scholars, scientists, technocrats, experts, artistes and writers and determine the terms and conditions of such appointment;

(vii)To make provision for instituting and conferring degree^, honorary degrees, diplomas, certificates and other academic distinctions;

(viii)To consider, review and make provision for instruction, teaching and training in such branches of learning and course of study as may be recommended by the Academic Council, on suggestion of Schools, Centers, Academic Advisory Boards, Academic Advisor/ Committees of programmes within the purpose of this Act and for the advancement of research and dissemination of knowledge;

(ix)To consider, review and approve proposals for promoting undergraduate, post graduate, teaching, research and extension of education, distance education, setting of new campuses, constituent colleges etc. on the recommendations of Academic Council, Schools, Centers, Academic Advisory Boards, Boards of studies, Academic Advisory Committees of Programmes etc.;

(x)To manage and regulate the finances, accounts, investments and properties of the University and all other affairs of the University and to appoint such agents as may be considered fit by it;

(xi)To borrow money and make suitable arrangement for its repayment;

(xii)To invest any money belonging to the University, including any unapplied income, in such stocks, funds, shares or securities as it thinks fit or in the purchase of immovable property in India with the like power of varying such investment from time to time:

Provided that no action under this clause shall be taken without consulting the Governing Body;

(xiii)To generate income and resources, create endowment funds through various sources including fees and other charges as per Ordinances formulated from time to time;

(xiv)To accept on behalf of the University gifts, bequeaths, donations etc.;

(xv)To transfer or accept transfers of any immovable or movable property on behalf of the University;

(xvi)To provide for accepting, clearing, holding and disposal of the properties on behalf of the University;

(xvii)To provide, establish, manage and maintain buildings, centers, hostels, libraries, laboratories, research institutions, equipment and other facilities necessary for furtherance of the objects of the University;

(xviii)To prepare and submit the annual accounts, budgets, and annual reports of the University to the Governing Body for its approval;

(xix)To consider, review, and approve the creation of administrative, ministerial and other necessary posts after taking approval of the Governing Body;

(xx)To regulate and enforce discipline amongst the employees and students in accordance with the Statutes and the Ordinances;

(xxi)To entertain, adjudicate upon or redress the grievances of the employees and the students of the University who may, for any reason, feel aggrieved;

(xxii)To fix the remuneration payable to examiners and invigilators and traveling and other allowances payable after consulting the Finance Committee;

(xxiii)To select a common seal for the University and to provide for the use of such seal;

(xxiv)To delegate any of its powers to the Provost, and on the recommendations of the Provost to any other Officer, employee or authority of the University or to a Committee appointed by it;

(xxv)To appoint Committees to carry out its administrative work and define their constitution, functions and tenures;

(xxvi)To institute fellowships, scholarships, medals, awards, prizes, free studentships;

(xxvii)To frame Statutes of the University other than the First Statutes and submit the same for the approval of the Governing Body;

(xxviii)To consider, review and recommend and approve Ordinances or Regulations submitted by different Committees, Bodies, and Councils of the University subject to the provision of Act, Statutes, Ordinances, Regulations and other provisions;

(xxix)To draft and formulate appropriate Manuals to govern the various service conditions of officers and other employees of the University and for day to day running and administering of the affairs of the University, if necessary by appointing committees for the drafting and updating of the Manuals from time to time; and

(xxx)To exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Act or the Statutes, as may be necessary for carrying out for the purpose of the Act and as delegated by the Governing Body.

(14.5) The Board of Management shall exercise all the powers of the University not otherwise provided for by the Statutes, the Ordinances and the Regulations, subject to the relevant provisions of the Act, for the fulfillment of the objects of the University.(14.6) The Board of Management shall meet once in every four months.(14.7) Minimum four members shall form a quorum for a meeting of the Board of Management..

15. The Academic Council : Constitution and Powers.

- (15.1) (a) The Academic Council shall consist of the following members namely:-

(i)The Provost;

(ii)The Registrar;

(iii)The Deans of Faculties;

(iv)Two Heads of Departments;

(v)Any other persons (but not exceeding 5 persons) as may be nominated by the Provost.

(b)The Provost shall be the Chairperson of the Academic Council.

(15.2) Subject to the relevant provisions of the Act, the Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it by or under the Statutes, have the following powers namely:-

(i)To exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, evaluation or research or improvement in academic standards;

(ii)To consider matters of general academic interest either on its own initiative or on a reference from the Governing Body or a Faculty of studies or the Board of Management and to take appropriate action thereon; and

(iii)To frame such regulations as are consistent with the Statutes and the Ordinances regarding the academic functioning of the University, including discipline, admissions, award of fellowships and studentships, fees and other academic requirements.

(15.3) The members of the Academic Council, other than the ex-officio members, shall hold office for a term of three years from the date of their appointment or co-option, as the case may be or as specified otherwise.(15.4) One third members of the Academic Council shall form the quorum for a meeting.

16. The Finance Committee: Constitution and Powers.

- (16.1) The Finance Committee shall consist of the following members:

(i)The Provost, who shall be the Chairman of the Committee;

(ii)One member of the Governing Board to be nominated by the President;

(iii)One Dean, by rotation to be nominated by the Provost;

(iv)One expert in the field of finance to be nominated by the Governing Board;

(v)The Chief Finance and Accounts Officer;

(vi)The Registrar shall be the Secretary of the Committee.

(16.2) The term of office of the members other than the ex officio Members shall be three years.(16.3) subject to the provisions of the Act the powers of the Finance Committee shall be as follows:

(i)To examine the annual account and annual budget estimates of the University and to advise the Board of Management thereon;

(ii)To review from time to the financial position of the University;

(iii)To make recommendations to the Board of Management, on all financial policy matters of the University;

(iv)To make recommendations to the Board of Management all proposals involving raising funds, receipts and expenditure;

(v)To provide guidelines for investment of surplus funds;

(vi)To make recommendations to the Board of Management on all proposals involving expenditure for which no provision has been made in the budget or for which expenditure in excess of the amount provided in the budget needs to be incurred;

(vii)To examine all provisions relating to the revision of pay scales, up- gradation of the scales and those items which are not included in the budget;

(viii)To recommend fee structure and periodic revisions thereon;

(ix)To exercise such other powers and perform such other functions as may be conferred or imposed upon it by regulations.

17. Committees.

- (17.1) Any authority of the University may appoint as many standing or special committees as it may deem fit and may appoint on such committees such persons as are not members of such authority.(17.2) Any committee appointed under clause(17.1) may deal with any subject delegated to it and before taking action, if any, shall seek confirmation of it from the authority appointing it.

18. Selection Committees: Constitution and Powers.

- (18.1) There shall be constituted selection committees for making recommendation to the Board of Management for appointment to the posts of Head/Principal/Director, professors, associate professors/readers, assistant professors/ lecturers, instructors, demonstrators, Tutors and other academic and non-academic staff and heads of institutions maintained by the University.(18.2) The constitution of the selection Committee for the post of Principal/Director/ Head, Professors, Associate Professors and equivalent shall be as under:I. President UTU or its nominee/ Chairman);II. Provost, UTU or its nominee;III. Dean of the Faculty concerned;IV. Head of the Department concerned;(Normally, Dean and Head of the Department both will remain present. But in extra ordinary circumstance, at least one must remain present)V. Two experts to be appointed by the Provost (UTU) from the concerned field. At least one must remain present;VI. One representative of BPKM, to be nominated by the President, BPKM.(18.3) The constitution of the Selection Committee for the post of Assistant Professor, Lecturer, Tutor and equivalent shall be as under:I. Provost or its nominee Chairman)II. Dean of the Faculty concerned;III. Head of the Department concerned;IV. Two Experts to be appointed by the Provost (UTU) from the concerned field (At least one must remain present.);V. One representative of BPKM, to be nominated by the President, BPKM.(18.4) The procedures to be followed by the selection committees constituted under this statute shall, in making recommendations, be such as laid down in the Ordinances.(18.5) If the Board of Management is unable to accept a recommendation made by a selection committee, it shall record the reasons for such non- acceptance and submit the case to the President whose decision in the matter shall be final.

19. Special Mode of Appointment.

- (19.1) Notwithstanding anything contained in Statute 18, the Board of Management may invite a person of high academic distinction and professional attainments to accept the post of a professor or any other equivalent academic post in the University on such terms and conditions as it may deem fit, and appoint the person to such post.(19.2) The Board of Management may appoint any member of the academic staff working in any other university or organisation on a teaching assignment or for undertaking a project or any other work on such terms and conditions as may be determined by the Board of Management in accordance with the manner specified by the Statutes.

20. Recognised Teachers.

- (20.1) The qualifications and other conditions of eligibility for recognition of teachers working in a college or an institution shall be such as are prescribed by the Ordinances.(20.2) All cases of recognition of teachers in a department or a college or a campus or an institution shall be dealt with and approved by the selection committees as constituted under clause of Statute

21. Terms and Conditions of service and code of ethics for-the teachers and other academic staff of the University.

- (21.1) All the teachers and other academic staff of the University shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of ethics as are specified by the Statutes and the Ordinances.(21.2) Every teacher and member of the academic staff shall be appointed on written contract.(21.3) A copy of every contract referred to in clause (21.2) shall be deposited with the Registrar.

22. Terms and Conditions of service and code of conduct for other employees of the University.

- (22.1) All the employees of the University, other than the teachers and other academic staff shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and the code of conduct as specified in the Statutes and the Ordinances.

23. Removal of employees of the University.

- (23.1) where there is an allegation of serious misconduct against a teacher, a member of the academic staff or any other employee of the University, the Provost may, in the case of a teacher or a member of the academic staff, or the authority competent to appoint (hereinafter referred to as appointing authority) in the case of any other employee, as the case may be, by order in writing, place such teacher, member of the academic staff or other employee as the case may be, under suspension and shall forthwith report to the Board of Management the circumstances in which the order was made.(23.2) Notwithstanding anything contained in the terms of the contract of appointment or in other terms of conditions of service of the employees, the Board of Management in respect of teachers and other academic staff, and the appointing authority, in respect of other employees, as the case may be, shall have the power to remove a teacher or a member of the academic staff or other employee, as the case may be, on grounds of misconduct.(23.3) No teacher, member of the academic staff or other employee shall be removed under clause (22.2) unless he/she has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him/her.(23.4) The removal of a teacher, a member of the academic staff or other employee shall take effect from the date on which the order of removal is made.(23.5) Not withstanding anything contained in the foregoing provisions of this Statute, a teacher, a member of the academic staff or other employee may resign -

(i)if s/he is a permanent employee, only alter giving three months' notice in writing to the Board of Management or the appointing authority, as the case may be, or by paying three months' salary in lieu thereof; or

(ii)if s/he is not a permanent employee, only after giving one month's notice in writing to the Board of Management or the appointing authority, as the case may be, or by paying one month's salary in lieu thereof:

Provided that such resignation shall take effect only from the date on which the resignation is accepted by the Board of Management, or the appointing authority, as the case may be.

24. The Admission Policy.

- (24.1) The Admission Policy of the University shall be consistent with its educational objectives. Admissions shall be made on the basis of merit.(24.2) Merit for admission in the University may be determined on the basis of marks or grades obtained in the qualifying examination and achievements in co-curricular and extra- curricular activities and/or marks or grades obtained in the entrance test conducted by the University and/or by an accredited agency or by a designated national/international agency.(24.3) Admissions to the University will be open to all persons regardless of race, religion, place of birth, domicile, nationality political or social affiliation and background, caste or creed or gender. However, admissions of foreign students shall be subject to the government guidelines and directions applicable to foreign students.(24.4) Notwithstanding the provisions made in the sub clauses (24.1, 24.2, and 24.3) the applicants must meet the minimum entry qualification for specific programmes or any other requirements laid down by the Statutes, Ordinances, Regulations and Rules that the University may stipulate from time to time.(24.5) Notwithstanding any of the above sub clauses specified in the section 24, an applicant who does not appear to be capable of satisfactorily completing the intended program will not be offered admission to the corresponding program.(24.6) An applicant appearing at a qualifying school / university examination or awaiting the results of that examination shall also be eligible to apply and appear for the University Admissions Test but can be considered for provisional admission only until the applicant has submitted the results of the relevant examinations.(24.7) The number of seats available in each program for an academic year shall be determined by the Board of Management in consultation with the Academic Council, the relevant Schools and such other Officers, Authorities, Bodies, Committees or Boards as the Board of Management considers appropriate to consult.(24.8) Reservation of Seats in various programmes of the university will be in accordance with the policy of State Government.

25. Fee to be charged from students.

- (25.1) The tuition fee for students of the University shall be as prescribed by the Ordinance.(25.2) The University shall prescribe other fees from time to time. These may include admission fees, examination fees, library fees, laboratory fees, computer fees, caution money, fees for admission to students' residence/hostels and charges for providing students with accommodation and food and other expenses incurred for them.(25.3) All the fees to be charged from the students for the courses, examinations, degrees etc. of the University shall be determined by the Academic Council and the Board of Management.

26. Maintenance of discipline amongst the students of the University.

- (26.1) The powers regarding discipline and disciplinary action in regard to the students of the University shall vest in the Provost who may delegate all or any of his/her powers, as s/he may deem fit.(26.2) Without prejudice to the generality of his/her powers relating to the maintenance of discipline and taking such action as s/he may deem appropriate for the maintenance of discipline, the Provost may, in exercise of his/her powers, by order, direct that any student or students be expelled or rusticated for a specified period and not admitted to a course or courses of study in the University or a college or campus or institution for a stated period, or be punished with a fine for an amount to be specified in the order, or debarred from an examination or examinations conducted by the University or an affiliated college or institution for one or more years or that the result of the student or students concerned in the examination or examinations, in which s/he has or they have appeared, to be withheld or cancelled.(26.3) The heads of departments/colleges/campuses and institutions shall have the authority to exercise all such disciplinary powers over the students in their respective departments / colleges / campuses and institutions as may be necessary for the proper and efficient functioning of such colleges and institutions.(26.4) Ragging in any form shall be strictly prohibited, within the premises of University or Faculty / School / Institution or outside the Faculty) School / Institute. Any individual or collective act or practice of ragging shall amount to gross indiscipline and shall be dealt with under the Statute.

27. The procedure for arbitration in cases of disputes between employees or students and the University.

- (27.1) In case of any dispute arising between the University and an employee or a student of the University which cannot be resolved by the respective officers or Authorities of the University, or committees formed for such purposes and the same remains undecided for a period of more than one year then the President, on the request of either party, may appoint an arbitrator as a Sole Arbitrator, from among the members of the Board of Governors other than those who are also on the Board of Management.(27.2) The award of the Sole Arbitrator shall be final and binding to both the parties. The decision of sole arbitrator shall be final on every matter arising there under. The venue of arbitration shall be Bardoli only.(27.3) All disputes shall be subject to jurisdiction of the Civil Courts in District Surat, Gujarat.

28. Subsequent Regulations, Rules, Statutes, and Ordinances.

- (28.1) The authorities of the University may, subject to the approval of the Board of Management and Governing Body make regulations, rules, and the ordinances consistent with Gujarat Private Universities Act, 2009 for the conduct of business of each such authority and committees constituted by each such authority and for any other affairs of the University.(28.2) The subsequent regulations, rules, statutes and ordinances of the University may provide for all or any of the following matters or any other matter or matters:

(i)Creation of pew authorities of the University;

(ii)Accounting policy and financial procedure;

(iii)Representation of teachers in the authorities of the University;

(iv)Creation of new departments and abolition or restructuring of existing department;

(v)Institution of free ships, scholarships, fellowships, medals and prizes;

(vi)Procedure for creation and abolition of posts;

(vii)Revision of fees;

(viii)Alteration of the number of seats in different disciplines; and

(ix)All other matters in the interest of the University which by or under the provisions of this Act required to be prescribed by the Statutes.

(28.3) The subsequent statutes of the University other than the First Statutes shall be made by the Board of Management with the approval of the Governing Body and to be assented by the President of the University.

Legal Document View

Unlock Advanced Research with PRISMAI

State of Gujarat - Act