The Gujarat Educational Innovations Commission Act, 2009

The Gujarat GovernmenGt azette EXTRAORDINARY PLIs B-YA 0T.Y _______________________________________________________________________ Vol. L] FRIDAY, FEBRUARY 27,2,009GA 8 1930 a rate a" is Yent o thSise P art in order that it ma he med as a Se Bram Com Ilario to promote conception, exper`unentation and implementation of educational innov"atb'onisn the State of Gujarat and for that purpose, to establish .the Gujarat nal Innovations Commission andfor the matters ed therewirh d iuIenla! thereto. (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 OciaL Gazeue, appoint. 2. In this Act, unless the context otherwise requires,- (ii) "`Commission" means the J Educational Innovations Comm~sxo' established under section 3; (v) "Executive Chairperson " means the Executive Chairperson of the (vi) "Fellow means a person duly appointed as a fellow of the Commission under sectmn 24; (xi) "Vicc:-Chairperson" means the Vice-Chairperson of the Commissl on. 3. Cl) For the purpose of promoting conception, experimentation and implementation of educational innovations in the State, the State Government shall, by notification in the cim Gelm, establish a Commxss"i on by the name of the Gujarat Educational Innovations Commission with effect from such date as may be specified in the (2) The Commission shall. be a body corporate with perpetual succession and common seal and may sue or be sued in its corporate name ~o~da nd~ ecto~ mpprovisio o Amm. acqu and do all things necessary for the purposes of mis Aa" 4. The headquarters of the Commission shall be at Gandhinagar or at such other place, as the State Oovernment may, by notification in the 0 Gcite, specify" COmpOSi6OD CF 5. (1) The Commissmn shall cons,st of the Chairperson and twelve DDmsSioD. other members as follows, namdy :- Ca) the Chief Minister of the State, Chairperson; Cb) the Minister for Education, ex-omcio Vice-Chairperson; Cc) the Executive Chairperson appointed or nOminafeff under Sub- section(2); Cd) the Secretary to the Government of Gujarat, Education Department, member; Ce) the Secretary to the Government of Gujarat, 1::maftce Department, member; Cf) the Secretary to the Government of Gujarat, Education Department (Primary Education) member; (g.) the Vice-Chancellor of a University, by rotation in the manner prescribed by rules, from amongst the Vice-Chancellors of Universities in the State established by law, ex Clo member; Ch) the Chairperson of the Gujarat Secondary and Higher Secondary Education Board, o member; Ci) the Director, Gujarat Council of Educational Research and Tmining, ex-omcio member; Cj) the member for innovations in science, technology and al (k) the member for innova6ons in programmes relating to ~~art, craf~and other culmral courses and vsfue- oriented education; Cl) the member for innovations in pedagogical methods includmg those related to curfmumm, evaluation and teaching-learning aiids; Cm) the member for innovations in physical education including courses related to gymnastics, atlumics, amlefIcs, combarives, Indian and universal games, Yogic (physical and psychological) exefoises, health, Scouts and Guides, National Cadet COfpS and National Service Scheme prografftmes, (2) The Executive Chairperson referred w in clause Cc) of sub-section CI) shall be nominated by the Cbairperson from a panel of three persons recommended by the Search Conuffittee appointed under section 7: 2-4 Provided that the t Executive Chairpersons hall be appointedb y the State Governmentf or a period of two years. (3) Each member referred to in clauses (j) to Cm) of sub-section CI ) shall be nominated by the State Government from a panel of three persons recommended by Search Committee appointed under section 7: Provided that the first appointment of the members referred lo in this sub-section, shall be made by the Chairperson on the recommendation of the Executive Chairperson from a,mongsts uch persons as he thirlks flt, 6. Cl) A person to be nominated as an Executive Chairperson under sub-section (2) of section 5, shall possess the following qualifications, namely :- Ca) be a citizen of India; Cc) have proven record of reforms and innovations; d) have actual experience in experimentation and implementation of refos and innovati , Ce) be well versed in the educational philosophy of Ci)p ioneering educationists of India, and (ii) Leadingp ioneers of educational innovations in the world; have sound knowledge of Indian and universal culture. ():`} (2) A person to be nominated as a member under sub-section (3) of section 5, shall possess the following qualifications, namely :- Cb) Cc ) have proven record of reforms and innovations in the relevant fields of sciences, technology, vocational courses, oriented courses, pedagogical courses and methods, physical education, yoga, healll1, Scouts and Guides, National Cadet Corps and National Service Scheme programmes; Cd) have actual experience in experimentation and implementation of reforms and innovations; be well versed inthe educational philosophy of - Ci) pLOneering educationists of India, and (ii) leading pioneers of educational innovations in the world; and Cf) have sound knowledge of Indian and universal culture. (2) The State Government shall designate one of these persons as the Chairperson of the Committee, (3) The Search Committee shall follow such procedure as may be laid down by it, (4) (b~ The expenses referredfo in clause Ca)s hall be paid out of the 8. Cl) {a) The term of office of members, other than e o members, who are appointed on the recolnmendation of the Executive Chairperson, shall be two years from the date of thcir nomination. Cb) The term of office of the Executive Chairperson and recommendation of Search Committee shaft befive years from the date of thcir appointment or nomination, (2) The term of office of an e o member shall contmue so long as he holds office by virme of which heis such a member, C3) Ca) The terms and conditions of office of the Executive Chairperson and the members other than members shall be such as may be prescribed by rules, Cb) The Executive Chairperson and the members referred to in clause Ca)s hall be whole ~ persons, Cc) The salaries and other emoluments of- 22".6 Ci) the ExecultiveC haifflersOsflh all not be less than that of the Chief Secretaryt o the Governmento f Gujarat;a nd (ii\. the members other than ex cio members shall not be less than that of the Principal Secretary to the Government of Gujarat. ming uP 9 Cl) On occurrence of any vacancy in the office of the Executive )`vacancy' Chanperson due to death, resignation or any other reason, the same shall be filled in by the Chairperson by nominating a person in the manner provided in section 5. (2) On occurrence of any vacancy in the office of the member due to death, resignation or any other reason, the same shall be filled in by the State Government by appointing or, as the case may be, nominating a person in the manner provided in section 5. DlSanaliflfmtiunS' 10 A person shall be disqualified for being appointed or nominated or being an Executive Chairperson or a member of the Commission if such person,..- Ca) is, or at any time, being adjudged insolvent: Cb) is of unsound mind and stands so declared by the competent court d) has, either directly or indirectly, any financial or other interest which is likely to affect prejudicially his functioning. Removal and IL (1) Notwithstanding anything contained in sub-section (1) of section 8, the Chairperson or, as the case may bc, the State Government may, at ~xefCunua ~ Cl|fat- ' any time, remove the Executive Chairperson or any member from office if, and member, In its Opinion, such Executive Chairperson or a member,- (a) is, or has become subject to any of the disqualifications section 10; Cb) has been guilty of misconduct in discharge of his duties; Cc) has become physically or mentally incapable of discharging duties as an Executive Chairperson or member; Cd) has so abused his position as to render his continuance in office prejudicial to the public in or Ce) I1as, without reasonablecause, refused or failed w perform s duties for a period of not lessthanmree months: Provided that the Executive Chairperson or a member shall not be removed from his officelmless an opportunity of being heard given. IS (2) Ca) The Executive Chairperson may, by writmg under his addressed to the Chairperson resign his office. Cb) Any member, who is appointed, may, by writing under his hand addressed to the Chairperson,resign his office 12, CI) The Commission shall meet at such Lime and at such place and shall, subject to sub-sections (2) and (3), observe such rules of procedure with regard w transaction of its business at the meetings as may be provided by regulations: w Provided that the Commission shall meet at least once in every month C2) If the Chairperson, for any mascn, is unable to attend any meeting the Vice-Chairperson or in his bsence, the Executive Chairperson shall- preside over the meeting of the Commission (3) Ca)A ll questions at a meeting of the Commission shall be decided by a majority of votes of the members present and voting, and in case when there is an eqU[alityo f votesthe Chairperson Orin his absence, the Vxce-Chairperson or in his absence, the Executive Chairperson shall have and exereise aseco vot Cii) determine uch numberafid category of other officers and employees, and (2) The manner of recruitment of, the salary and allowances payable to, and other conditions of service of the Secretary, officers and other employees, shall be such as may be demrmined by the Commission by (2) No act done by any person acting in good faith as an Executive Chairperson or a member shall be deemed to be invalid merely on the ground that he was disqualified to bean Executive Chairperson or a member or that there was any other defect in his appointment or ion. CHAPTER III OBJECTS. FIJNC HONS ANI:f POWERS OF C OMMf8SION IS. The objects of the Commission shall be as follows, namely :.. (a) to conceive, experiment upon and implement such innovative proposals in the field of education and learning as would transform the objectives, contents and methods of education in the light of the vision of great pioneers and educationists of India freedom movement '-and f progressive educationists of the world and in light of the needs of the contemporary world in its march.towards a futuremat would be in barroom with the ideals of liberty, equality andffaternity; Cb)to introduce and nurture innovations in the educational system so as reflect India's perennial spiritual knowledge, robust LO lutellecmahfy and creativityand the ideals of mau-makff1g education, integral development of personality, synthesis of scientific realism and artistic imagination, child-centered education. value-oriented education and skill-oriented education; Cc) to study and derive lessons from the ongoing experiments in education that are takmg place in Gujarat as also elsewhere and to foster all the valuable innovative work and promote the same for larger expansion and utilization; Cd) to develop a system of education that reflects the highest ideals of Indian cultu-rea nd imparts among students vibrant spirit of patriotism and deepest concern for the highest welfare of humanity, world pee and world unify; (e) to evollve,m ,pparrotigcrualmarm es and methods of studies that would mstill, among studentsand promote in various sectors of ~~~ Acatio~~~ oo duties enumerated in (f) to promote, ,Sus fos~ alive programmes related to the Crime human lifestyle mcludfng earliest stages of pre- natal care and scaling up to the highest levels of excellence and leadership contributing to the growth of the individual, covering thus the entircflamut of the educational system ap~pte to a knol~ciety he o "mg education. 16. CI) Subject to the provisions of this Act the Commission shall conceive, experiment upon and implement such innovative proposals in the andfi~eledth odedu~coa ts~ e u~ so a~ tooturfadn sfpo rom~oe~ objoecbtjl ~e ofcontemsthe Commission. C2) In particular and without prejudice to the generality of the foregoing function, the Commission sha rm the follow-irxgfu ons, namely;- Ci) to promote experimentation, designing and development of the contents of learning which would inspire pupils to foster the over- arching aims of education to bcachieved by the Commission; (ii) to promote, explore and invent new methods of pedagogy and evaluation so as to make the learning process interesting instructfve. experimental and practical: (iii) to experiment upon the contents and methods of learning at its own innovative institutions or imxovative institutions selected by it from those existing; (iv) to promote and recommend on the basis of results of its experiments carried out on its own innovative institutions or innovative institutions sole by n :as are found by it to be appropriate to achieve the ob.jccti\es of the Commission; (v) to .establishm stitu!;ions (including i!Isfifut![ons or educa.lion and training of teachers) for experimemation and implementation of the educational innovations promoted, explored and invented by it and for education and training of teachers for that purpose; (vi) Ca) to recognise as a recognisedinstitutiorL, anyinsfifuticn for experimentation and implementation of the educational innovations recommended by it and for education and trainmfl of teachers for that purpose; Cb) to withdraw recogrlition of an institution for breach of conditions of recognition aftergivinfl it an opportunity of being heard; ~ (vii) to establish teachers' education and training institutions of innovative education and to provide for education and training of teachers for implementation of educational innovations recommended by them; (viii) to experiment, promote and develop the courses which facilitate students to switch over from existing system of education to the innovative system of education developed by it; (ix) to promote innovations in evaluations and to establish appropriate testing service; (x) to support innovations in schools and Universities and educational institutions of research, experimentation, training and extension services; (xi) to evolve programmes of innovations tn regard w the aims, methods and contents of (xii) to endeavour to enrich the peystem of education so as to mak`e it more responsive to the ideals of Indian Nationalism and Internationalism: (xiii) to develop new system of education as supplementary or alternative to existing system of education; (xiv) to perform such other functiom as are necessary for, and conducive to, the promotion of the objectives of the Commission powers of 17, CI) The Comnmslon shall have the power to do all such filings Comousstou,a s are necessary for, and conducive to, the efficient perfomiance of its functions underthis AcL In particular and without prejudice to the generality of the foregoing the Commission shall have following powers, namely;- (ii) (iii) to organize wol'kshops, conferences, symposia and such other meetings to elicit ideas for educational innovations; (iv) to have access to Blithe materials, including books, manuscripts, lithographs, inscriptions on walls of ancient buildings and such other places, which are available with, or is in possession of, any authority established, by or under any law within the State and is relevant to the anus and contents of education and methods of pedagogy and evaluation; (a) to or and innovative institutions of education with special provision for innovative aims, contents and methods of teaching, learning and eval,nation; PART-IVl G UARAT GOVERNMENT GAZETTE, Ex,-27-2-2009 2-I Cb) to aim at exeelLencein the innovative system of education; and Cc) to grantw the students of that system, certificates equivalent to the certificates granted by the established system of education atthe appropriate Level; (vi) to determine standards of courses proposed or supported by it under its functions relatedtoinnovations; (vii) to allocate and disburse grants out of the fund- Ca) for its innovations and for innovations in other institutions; Cb) to institutionsand courses (including institutions and courses for teachers' education and training) recognizecLb y it for the puroose of deveLooirlat hem so as to exOerimentatio and im w anon of ationaL &Lions; - Cc) forgrant offelLowships and scholarships to carry out research in areas relevantto the a`xmsa nd objects of the Commission; (viii) to appoint Secretary and other officers and employees; (ix) to constitute councils; (x) to temporarily associate persons with the Commission; (xi) to appoint committees for performing its functions and exemismgns powers; (xii) (xiii) to conduct the processes of the consultation in the spirit of co-operanon and flexibility and w enhance and encourage innova6ons bytranscending the barriers of rigidity and obsolete methodologies; (xiv) ofm mdece~ ~reedome andof mamtenance of high standards; and (xv) W collaborate, w negotiateand w arrive at agreements and arrangements with the Government, as aLso with schools, Universities,,c enters and mstitunons (including autonomous institutiom), 2=12 CHAPTER W FINANCE, ACCOUNTS, AUDIT AND ANNUAL REPORT OF ~~SSIION ,_GG d of_ 18. CI) The Comfmssmn shallhfwe its own fund and all receipts of ~ ~ the Commission shall be caffiedthereto and all payments by the Commission shall be made therefrom, ' (2) The Commission may accept grants, subventions, donations and gifts from the Central Government orthe State Government or a local authority or any individual or body, whether incorporated or not, for the purposes of this Act, (3) The Commission may spend such sums as it thinks fit for the as anpeffocrmepaennedxi ture&{Bpuaty~aeb~l e f suCoss be treated (4) All moneys belonging to the fund of the Commission shall be kept in any corresponding new Bank specifledifl column 2 of the First Schedule to the Banking Companies (Acquisifionafld Transfer of Undertakings) AcL 1970, and in column 2 of the First Schedule to the Banking Companies s orfxrftf, (Acquisition and Transfer of Undertakmfls) Act, 1980 and app-mvef:bIy the m a 19,fl) [:hcStatGovernemncAtt,1 88 e Is osecreti'oo e eden %SIDnS,.e cnfIatmiehs ofised by 2 oflss2, BLsdgeL 19. CI) Ca) The Commission shall. by such date in each year as may be prescribed by rules_submitto _ State G_tohnee rnmefxt for approval a budget in the prescribed form for the nextf'malfoial year showing the estimated receipts and expenditure and the sums which would be required - from the State Government during thatfinafxcial year. Cb) If any sum or partly unspent in any forward to the nextfinaflc sum to be provided by the State Government for that year, (2) No sum shall be expended by or on behalf of the Commission unless the expenditure is covered by provision in the budget approved by the State Government. (2) The Commission shall cause to be prepared for each financial year an annual statement of accounts in such form as may be prescribed by rules," (5) Every Auditor appointed to audit the aceounts of the Commission under this Act shall have a right to demand the producnon of boohs of accounts, connected vouchers and other documents and papers, to inspect the offices of the Commission and to require such information from the Commission as he may thfllh necessary for the performance of his duty as (6)audited~Auditortoth eshasfCl o~ wh~ ~gethsoer ~o~n be~eorf the receipt of the audit report, forwardtfle same to the State Government (7) The State Government shall,as soonas may be after the receipt of audit repon under sub-section (6),, cause the same to be laid before the State Legislature. (2) The State Government shallcause every such report to be laid before the State Legislature within a period of s'lx months from the date of its receipt under sub-section (1), - 22. CI) There shall be constituted by the Commission four Caosmonouor Educational Innovations Councils as follows,, namely :- Ci) a Council for innovations in programmes relating to science, technology and vocational rse.-s; (ii) a Council for innovations in programmes relating to languages, humanities, valuc-oriented education, socially music, 2-1 4 (2) IXachC ouncil shall consist of the Executive Chairperson who shall be the Chairperson of that Council. C3) The member referred to in clauses (j), Ck) (1) and Cm)o f sub-section CI) of section 5 shall respectively be the member-secretary of the Councils (4) Ca) Each Council shall consist of four scholars nominated by the the on in the manner specified in clause Cb) as me (b) The four scholars for each Council shall be selected in such manner as may be prescribed by regulations from amongst eminent educationalists in the subjects of innovations for which the Council Is constituted.. (5) The Council shall meet at suchtime and place and shall observe such mies of procedure with regard to transaction of its business at the meetings as may be prescribed by regulations. (6) ThLeC ouncil shall perform such other functions and exercise such powers as may be prescribed by regulations. 23. Cl) Ca) The Commission may appoint one or more committees consisting of not more than five of its rnernhers or members of a Council or both. for perforrning such of the functions or for exercising such of its powers as may be delegated by it (b) The Commission shall, while appointing a committee under clause Ca), designate one memba of the committee as the Chairperson of the committee. (2) The committee shall meet at such time and p and shall observe such mies of procedure with regard totransaction of its business at the meeting as may be determined by it, F&ws' 24. CI) For the purpose of carrying out research in educational innovatiom, there shall be a scheme of fellowships which shall consist of not more than twenty-ffve fellows, (2) Each fdlow shall be selected by a committee appointed by the Commission for that purpose, from amonflst eminenfeducatfonists. (3) Ca) Each feHow shaft carry such suhject mlafad to educational innovations as assigned to mushy the Commission. Cb) He may for the purpose of research in the subject assigned w him, organise consultation groups, seminars,, workshops and ~rences Cd) A fellow shall make himself available to the Commission for any consufuuion necessary in respect of the subject of research or thesis ass to mrn. member authorised by the Commission in this behalf and all other instruments issued by the Commission shall be authenticated by the signature of the Secretary or any other officer of the Commission authorised by the Commiss~ alf. (2) All decisions of a Council shallbe aumenticated by the signature of the Chairpef son of the Council. (3) All decisions of a Committee shall be authenticated by the signature of the Chairperson of the Committee or any other member of the Committee authorised by the Chairpefsonmthis behalf, Provided that the Commission shall be given an opportunity to express its views before any directio~ der this sub-section, (2) The decision of the State Government. whether a question is one of policy or not, shall be final. , Pof 2S. (I) In s under this Act, the Council shall be bound by such directions on questions of policy as the Commission d give in writing to itfroffttime totiffie: Provided that the Council shall be given an opportunity w express its views before any directionisfdven undothis sub-section. - ,,m~Mm cm 29. The Executive Chmmemon, member. officer and employee of the Commission shall, when acting or purportmg to act in pursuance of the to provisions of this Act or of anyfmes orregufefions made thereunder, be ofl%0. bofmbDc deemed to be a public servant withinffte meaning of section 21 of the servants' Indian Penal Code, ,PI.otecfhm3do.f No suit. prosecution or otherlegal proceeding shall lie againstffte _ Commission or any member, officer or employee of the Commissionfor ummr anything which is in good faith done or intended.t o be done in pursuance of the provisions of this Act or any mies orregulations made thereunder, 32. Cl) The State Government may, by notification in the 0cial Powerto Gcite, make mies for carrying out the purposes of this Act. uuiser ules' (2) In particular and without prejudice to the generality of the foregoing power, such mies may be made to provide for all or any of the matters expressly required or allowed by this Act to be prescribed by mies. (4) Any rescission or modification so made by the State Legislature shall be published in the 0 GaZettea nd shall thereupon take effect. 33. CI) The Commission may, with the previous approval of the State Powerto Government, by notification in the 0cta/ Gat:ette, make regulations not ma~ inconsistent wi the provisions of this Act, and the rules made thereunder reaulauons' for enabling it to perform its functions under this Act, (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the matters expressly required or allowed by this Act to be specified by regulations. 34. (1) The Council may, with the previous approval of the Penet'o r Commission, make bye-laws not inconsistent with this Act or with mies Conned to and regulations made thereunder for enabling it to perform its functions rouset oe-tows' under ~thisA ct. (2) In particular and without prejudice to the generality of the foregoing power, such bye-Jaws may provide for all or any of the matters expressly required or allowed by this Act to be specified by bye-laws. 35. (I) If any difficulty arises in giving effect to the provisions of Powert o this Act, the State Gov may, by order published m the ~ Gazette, make such provisions not inconsistent with the provisions of this d!mcufr!ies' Act as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of two 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 I.egislature, ]fV. Ex..(cid:24) 2-5