Gujarat Private Universities (Amendment) Act, 2021

 

[15 OF 2021]

[22 May 2021]

 

AN ACT further to amend the Gujarat Private Universities Act, 2009. WHEREAS the Sarvajanik Education Society, Surat, Vanita Vishram, Surat, Shri Krishna Educational and Charitable Trust, Vadodara, Shiv Shakti Ashish Trust, Surendranagar, Ankleshwar Rotary Education Society, Bharuch, Shri G.N.Patel Education & Charitable Trust, Rajkot and Shree Monark Education Trust, Ahmedabad have applied to the State Government under the provisions of the Gujarat Private Universities Act, 2009 to establish Private Universities in the State;

 

 

AND WHEREAS the said applications have been scrutinised by the Scrutiny Committee and on the report of the Scrutiny Committee, the State Government has issued the Letter of Intent to the respective sponsoring body for establishment of the Private University;

 

 

AND WHEREAS the State Government is satisfied that the sponsoring bodies have complied with the conditions of Letter of

 

Intent as provided in section 10 of the said Act and have also established the Endowment fund as per the Letter of Intent; AND WHEREAS the State Government is committed to improving the Ease of Doing Business in all sectors.

 

 

AND WHEREAS it is considered necessary to have transparent working and good governance in the Education sector also and for that certain provisions of the said Act are required to be amended so as to minimize the regulatory compliance burden.

 

 

NOW, THEREFORE, the Government of Gujarat, in accordance with the provisions of section 10 of the Act, includes the institutions specified in column 2 of the Schedule as the Private University, by the name and location of the aforesaid sponsoring bodies as specified in column 4 of the said Schedule.

 

 

It is hereby enacted in the Seventy-second Year of the Republic of India as follows:-

Section - 1. Short title and commencement :-

 

(1)     This Act may be called the Gujarat Private Universities (Amendment) Act, 2021.

 

(2)     It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Section - 2. Amendment of section 3 of Guj. 8 of 2009 :-

 

In the Gujarat Private Universities Act, 2009 (hereinafter referred to as "the principal Act"), in section 3,-

 

(1)     in sub-section (5), the words "except the grant-in-aid colleges and institutions" shall be deleted;

 

 

(2)     sub-section (7) shall be deleted.

Section - 3. Amendment of section 4 of Guj. 8 of 2009 :-

 

In the principal Act, in section 4, for the existing proviso, the following proviso shall be substituted, namely:-

 

 

"Provided that notwithstanding anything contained in this Act and save as provided in any Central Act, the University shall be eligible to undertake the functions of disseminating of knowledge in any fields after the Government issues Letter of Intent."

Section - 4. Amendment of section 5 of Guj. 8 of 2009 :-

 

In the principal Act, in section 5, in clause (xiii), the words "subject to the approval of the regulatory body" shall be added at the end.

Section - 5. Amendment of section 10 of Guj. 8 of 2009 :-

 

In the principal Act, in section 10, the words "subsequent to which the University shall function independent of the Sponsoring Body with all powers vested in the Board of the Governors of the University" shall be added at the end.

Section - 6. Amendment of section 14 of Guj. 8 of 2009 :-

 

In the principal Act, in section 14, in sub-section (1), the words "The President may be reappointed for the subsequent years." shall be added at the end.

Section - 7. Deletion of section 33 of Guj. 8 of 2009 :-

 

In the principal Act, section 33 shall be deleted.

Section - 8. Amendment of section 34 of Guj. 8 of 2009 :-

 

In the principal Act, in section 34,-

 

(1)     the words "within five years of its establishment", shall be deleted;

 

 

(2)     for the words "from time to time" the words "as may be required" shall be substituted.

Section - 9. Deletion of section 41 of Guj. 8 of 2009 :-

 

In the principal Act, section 41 shall be deleted.

Section - 10. Amendment of section 42 of Guj. 8 of 2009 :-

 

In the principal Act, in section 42,-

 

 

(1)     in sub-section (1), for the words "The Sponsoring Body who intends to dissolve the University", the words "If the Board of Governors intends to dissolve/merge the University, it" shall be substituted;

 

 

(2)     in sub-section (2), the words "in the sponsoring Body" shall be deleted.

Section - 11. Amendment of section 43 of Guj. 8 of 2009 :-

 

In the principal Act, in section 43, in sub-section (8), for the words "in the sponsoring Body", the words "in such manner as may be prescribed" shall be substituted.

Section - 12. Amendment of Schedule to Guj. 8 of 2009 :-

 

In the principal Act, in the Schedule,-

 

 

(1)     for the entry at serial No. 33, the following entry shall be substituted, namely:-

 

 

 

 

 

(2)     after the entry at serial No. 36, the following entries shall be inserted, namely:-