Gujarat Public Universities Act, 2023
(1) The following shall be the officers of the university, namely:- (1) the Chancellor; (2) the Vice-Chancellor; (3) the Deans of Faculties; (4) the Registrar; (5) the Controller of Examination; (6) the Directors of Board of Examinations; (7) the Finance and Accounts Officer; (8) Director of Research; (9) such other officers in the service of the university as may be prescribed by Statutes. (2) No person shall be appointed, nominated or, as the case may be, co-opted, as a member of any of the authorities of the university, any committee or any other board or body thereof, after he attains the age of 62 years: Provided that nothing in this section shall apply to the Chairperson or a member of any of the authorities of the University committee or any other board or body thereof, who is the Chairperson or member by virtue of his office as the Vice-Chancellor: Provided further that nothing in this section shall apply to the visiting teachers, Emeritus Professors, Consultants, Scholars, Mentors or Advisors. (2) Save as otherwise provided, pay and allowances, terms and conditions of service of the Vice-Chancellor shall be such as may be determined by the State Government, from time to time. (5) The process of preparing the panel of the most competent persons for being appointed as a Vice-Chancellor, shall invariably begin at least six months before the probable date of occurrence of the vacancy of the post of a Vice-Chancellor and the process of appointment of the Vice-Chancellor shall be completed invariably at least one month before the probable date of occurrence of the vacancy of the post of Vice-Chancellor. It shall be the responsibility of the Registrar as member secretary of the committee. (6) The person appointed as a Vice-Chancellor shall, subject to the terms and conditions of contract of service, hold office for a period of five years from the date on which he takes charge of his office or till he attains the age of sixty-five years, whichever is earlier and he shall not be eligible for re-appointment in the same university. Provided that, on the basis of his work done and found most efficient and competent he/she shall be eligible for re-appointment to any other university for one term of five years only, unless he/she should not have attained the age of 65 years on the date of re-appointment. (7) The person appointed as a Vice-Chancellor shall hold a lien, if any, on the substantive post held by him prior to the appointment. (8) In any of the following circumstances, the exigency whereof shall solely be judged by the State Government, namely: — (a) where the committee appointed under clause (a) of sub-section (3) is unable to recommend any name within the time limit specified by the State Government; (b) where the vacancy occurs in the office of the Vice-Chancellor because of death, resignation or otherwise, and it cannot be conveniently and expeditiously filled in, in accordance with the provisions of sub-sections (3) and (4); (c) where the vacancy in the office of the Vice-Chancellor occurs temporarily because of leave, illness or other causes; or (d) where there is any other emergency; the State Government may appoint any suitable person, to act as the in-charge Vice-Chancellor for a term not exceeding twelve months, in the aggregate as may be specified in his order: Provided that, the person so appointed shall cease to hold office on the date on which the person appointed as a Vice-Chancellor in accordance with the provisions of sub-sections (3) and (4) assumes office or the Vice-Chancellor resumes office. (9) The Vice-Chancellor shall be the whole-time salaried officer of the university and shall receive pay and allowances, and other facilities as may be determined by the State Government from time to time. In addition, he shall be entitled to free furnished residence, a motor car including its maintenance, repairs and fuel required thereof, with the service of a chauffeur, and all other sanities to act as a Vice-Chancellor of the University. (10) Such sumptuary allowance shall be placed at the disposal of the Vice-Chancellor, as the State Government may approve. (11) If a person receiving an honorarium from the Consolidated Fund of the State, or if a principal of an affiliated/constituent college or a recognised institution or a university teacher is appointed as a Vice-Chancellor, his terms and conditions of service shall not be altered to his disadvantage during his tenure as a Vice-Chancellor. (12) Notwithstanding anything contained in the foregoing sub-sections, the person referred to in sub-section (7) shall stand retired from his original post in accordance with the terms and conditions of service of that post. (13) The Vice-Chancellor may, by writing under his signature addressed to the State Government, after giving one month's notice to resign from his office and shall cease to hold his office on the acceptance of his resignation by the State Government or from the date of expiry of the said notice period, whichever is earlier. (14) The Vice-Chancellor may be removed from his office after due inquiry, if the State Government is satisfied that the incumbent, — (a) has become insane and stands so declared by a competent court; or (b) has been convicted by a court for any offence involving moral turpitude; or (c) has become an undischarged insolvent and stands so declared by a competent court; or (d) has been physically unfit and incapable of discharging functions due to protracted illness or physical disability; or (e) has willfully omitted or refused to carry out the provisions of this Act or has committed breach of any of the terms and conditions of the service or any other conditions, prescribed by the State Government under sub-section (2), or has abused the powers vested in him or if the continuance of the Vice-Chancellor in the office is detrimental to the interests of the university or have sufficient criminal evidence against him; or found guilty on the charges levelled against him after due inquiry during existing tenure as a Vice-Chancellor; (f) is a member of, or is otherwise associated with, any political party or any organisation which takes part in politics, or is taking part in, or subscribing in aid of, any political movement or activity or working against the Government or interest of education; Explanation.— For the purposes of this sub-clause, whether any party is a political party, or whether any organisation takes part in politics or whether any movement or activity falls within the scope of this sub-clause, the decision of the State Government there on shall be final: which were given an opportunity of representation shall be ignored; (d) two Deans to be nominated by the Chairperson, by rotation, on the basis of seniority and also on the basis of additional criteria as may be prescribed by the Statutes; (e) one head, to be nominated by the Chairperson from amongst the heads of college departments, on seniority basis, by rotation and also on the basis of additional criteria as may be prescribed by the Statutes: Provided that, in rotating the heads amongst College Departments, the earlier Departments of College, which were given an opportunity of representation shall be ignored; (f) two teachers who are not principals or college teachers or directors of recognised institutions to be selected by the Chairperson from amongst the university teachers, on the basis of seniority and also on the basis of additional criteria as may be prescribed by the Statutes, out of whom one shall be selected from Scheduled Castes or Scheduled Tribes or De-Notified Tribes (Vimukta Jatis) or Nomadic Tribes or Other Backward Class categories, by rotation; (g) two teachers who are not principals or directors of recognised institutions to be selected by the Chairperson from amongst the college teachers, on the basis of seniority and also on the basis of additional criteria as may be prescribed by the Statutes, out of whom one shall be selected from Scheduled Castes or Scheduled Tribes or De-Notified Tribes (Vimukta Jatis) or Nomadic Tribes or Other Backward Class categories, by rotation; (h) two representatives of college managements to be nominated by the Chairperson from amongst the representatives of management, and further provided that same management shall not have second consecutive institutional representation: Provided that, out of the two representatives, one member shall be selected by rotation, from amongst the Scheduled Castes or Scheduled Tribes, or De-Notified Tribes (Vimukta Jatis) or Other Backward Class, if any; (i) two registered graduates selected by the Chairperson, out of whom one shall be selected from Scheduled Castes or Scheduled Tribes or De-Notified Tribes (Vimukta Jatis) or Nomadic Tribes or Other Backward Class categories, by rotation; (j) two members selected by the Academic Council from amongst its members, on seniority basis and also on the basis of additional criteria as may be prescribed by the Statutes; (k) one eminent-expert from the institute or organisation of National Importance approved by the Parliament, having national level reputation to be nominated by the Chairperson; (l) the Registrar of University shall be the Member-Secretary of the Board of Management, without any voting right: Provided that, for the selection of the candidate from the reserved categories, under clauses (f), (g), (h) and (i), for the only initial term of Board of Management, immediately after the commencement of this Act, point of rotation for reserved categories under the said clauses shall be decided by drawing of lots by the Chairperson, and while drawing of lots, it shall be ensured that the person belonging to each reserved category shall have representation on the Board of Management; Provided also that, for The Maharaja Sayajirao University of Baroda, the clause (h) and (i) shall not be applicable and for clause (f) and (g) the members shall be nominated as: (a) one teacher, nominated by the Chairperson from amongst the teachers of the constituent colleges of the university, on seniority basis, by rotation and also on the basis of additional criteria as may be prescribed by the Statutes: Provided that, in rotating the teachers amongst university's constituent colleges, the earlier constituent colleges of university, which were given an opportunity of representation shall be ignored; (b) four teachers who are not Principals and Directors of recognized institutions to be selected by the Chairperson from amongst the university teachers, on the basis of seniority and also on the basis of additional criteria as may be prescribed by the Statutes, out of whom two shall be selected from Scheduled Castes or Scheduled Tribes or De-Notified Tribes (Vinukta Jatis) or Nomadic Tribes or Other Backward Class categories by rotation; At least one-third of the total members to be nominated by the Chairperson of the Board of Management shall be invariably women. (1) The Finance and Accounts Officer, Director of Examinations and Evaluation, Director of Sports, University Librarian and other officers shall be invitees of the Board of Management, by the Vice-Chancellor when necessary, but they shall have no right to vote. (2) The tenure for members of Board of Management shall be of two and a half years. essential physical facilities for accomplishment of objects of the university, such as bank, canteen, post office, mobile towers, etc, without prior approval of the State Government; (n) to create immovable assets in the form of land, building and other infrastructure out of reserve funds, for its campus and sub-campuses; (o) to borrow, lend or invest funds on behalf of the university; (p) to lay down policy for administering funds at the disposal of the university for specific purposes; (q) to provide buildings, premises, furniture, equipments and other resources needed for the conduct of the work of the university; (r) to recommend the conferment of honorary degrees and academic distinctions; (s) to institute and confer such degrees, diplomas, certificates and other academic distinctions as recommended by the Academic Council and arrange for convocation for conferment of the same, as provided by the Ordinances; (t) to institute fellowship, travelling fellowship, scholarship, studentship, exhibitions, awards, medals and prizes and prescribe Regulations for their award; (u) to make Regulations for collaborations with other universities, institutions and organisations for mutually beneficial academic programme recommended by the Board of Deans; (v) to create posts of university teachers and non-vocational academic staff from the funds of the university and from the funds received from other funding agencies, on the recommendation of the Academic Council, as and when required, and prescribe their qualifications, experience, time-span and pay-scales; (w) to create posts of officers, non-teaching skilled, administrative staff and other posts from the funds of the university and from the funds received from other funding agencies, as and when required, and prescribe their qualifications, experience, time-span and pay-scales; (x) to prescribe honorarium, remunerations, fees and travelling and other allowances for paper-setters and other examination staff, visiting faculty and fees or charges for any other services rendered to the university; (y) to instruct the Academic Council to submit the comprehensive perspective plan and annual plan for the location of colleges and institutions of higher learning, as prepared by the Board of Deans; (z) to consider and approve proposals for change or transfer of management and shifting of locations of colleges and institutions, as prescribed in the Statutes; (aa) to consider report of the development activities of the university received from the Registrar every six months; (bb) to confer autonomous status on university departments, university institutions, affiliated/constituent colleges and recognised institutions on the recommendation of the Academic Council, as per the Statutes and the University Grants Commission (UGC); (cc) to assess and approve proposals for academic programme received from the Academic Council; (dd) to consider and adopt the annual report, annual accounts and audit report in respect of State Government funds, university funds and funds received from other agencies separately; (ee) to cause an inquiry to be made in respect of any matter concerning the proper conduct, working and finances of colleges, institutions or departments of the university; (ff) to delegate, any of its powers, except the power to make, amend or repeal Statutes and Ordinances, to the Vice-Chancellor or such officer or authority of the university or a committee appointed by it, as it thinks fit; (gg) to define the functions, duties, powers and responsibilities of non-teaching employees in the university, in respect of the posts created from the funds of the university and from the funds received from other funding agencies; (hh) to accept donations, gifts and other forms of financial support from alumni, philanthropists, industries and other stakeholders and prescribe the procedure to be followed by the university for accepting such donations, gifts, etc; (ii) to impose penalties upon the erring colleges or recognised institutions after following the procedure laid down by the Statutes; (jj) to recommend to the State Government through the Vice-Chancellor to appoint an Administrative Board for the affiliated/constituent college to run the management of such college in case of disputes regarding the management of such colleges, till the dispute is statutorily resolved. The constitution of this board and the process of its appointment shall be as prescribed by the Statutes. The decision of the State Government in this regard shall be final and binding; to develop and adopt students' charter; (kk) the Board of Management is supreme authority and main decision making power body. The Board of Management may issue directions, instructions and may change the decisions of Academic and Executive Councils;