Bare ActsThe Gujarat State Higher Education Council Act, 2016.

Section 23

Amendment status not verified — confirm the current text below against the official source.

lhe State Government may either suo-moto or on an application made to it, call for and examine the records of any order passed or decisions taken by the Council under the provisions of this Act, for the purpose of satisfying itself as to the legality or propriety of such order or decision or as to the regularity of procedure and pass such order with respect thereto as it may deem fit: Protection of at::ts done in good faith. Provided that no such order shall be made except after giving the Council or the person likely to be affected thereby a reasonable opportunity of being heard. 24.No suit, prosecution or other legal proceedings shall lie against the Council or any member or officer or employee of the Council for anything which is done or intended to be done in good faith or action taken in pursuance of this Act or any rules or regulations made thereunder. Staff of 25. The Counci 1 shall, with the prior approval of the State Council. Govemment appoint such officers and staft~ as ·it deems necessary, for the discharge of its functions under this Act. The terms and conditions of service of the officers and staff of the Council shall be such as may be specified in the regulations to be framed by the Council. PART IV] GUJ/\RA T GOVERNMENT GAZETTE, EX. 01-02-2017 45 ofl860. 26.The President, Vice- President, members, officers and siaff of the Council, the Chairperson of the Executive Committee and the members thereof shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act or any rules or regulations made thereunder shall be deemed to be public servants within the meaning of section 2 1. of the Indian Penal Code. 27.(l) The State Government may, by notification in the Official Gazette, make rules not inconsistent with this Act, for carrying out the purposes of this Act. (2) Tn particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely:- ( a) prescribing qualifications, powers and functions, terms and conditions of the service of the Cliairperson under sub-section (8) of section IO; (b) prescribing other powers, functions and duties of the Executive Committee under clause (xxi) of section 12; ( c) prescribing the manner for investment of surplus fund of the Council under sub-section (3) of section 18; (d) prescribing the form and time limit within which the Council shall prt:part: the iuuwal budget under section 19; (e) prescribing the manner and the form for maintenance of accounts of the Council; and the form of annual statement of accounts under sub-section (I) of section 20; (f) prescribing the powers of the auditor under sub-section (3) of section 20; (g) prescribing the fonn of annual report and date of suhmission thereof to the State Government under section 21; (3) A ll rules made under this section shall be laid for not less than thirty days before the state Legislature as soon as possible 1-2 1 Mcm~crs snd .st.'lff' of C-0unc.il to be publie . .$ervanls. Po"·er to n1akc rulti. 1-22 GUJARAT GOVERNMENT GAZETTE, EX. 01-02-2017 [ PART IV after they are made and shall be subject to the recession by the State Legislature or to such modification as the State legislature may make during the session in which they are so laid or the session immediately following. ( 4) Any recession or modification so made by the State Legislature shall be published in the Official Gazelle, and shall thereupon take effect. Power to mal<e 28.The Council may, with the prior approval of the State regul:1tions. Government, make regulations not inconsistent with the provisions of this Act and rules made thereunder for carrying out all or any of the purposes of this Act. Power to remove 29. If any difficulty arises in giving effect to the provisions of this difficulties. Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. GOVt RN/\11.;.i'iT C~"iTRAL PKt:SS, G:.\NDHlNAGAR.

Section 23 – The Gujarat State Higher Education Council Act, 2016. | DailyLaw.ai