The Jagat Guru Nanak Dev Punjab State Open University Act, 2019.
Punjab · state statute
Open in Lexace · Ask the AI about this actPUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019
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Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020
EXTRAORDINARY
Published by Authority
CHANDIGARH, FRIDAY, DECEMBER 20, 2019
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( cxxv )
LEGISLATIVE SUPPLEMENT
Contents Pages
Part - I Acts
1. The Punjab Regulation of Fee of Unaided
Educational Institutions (Amendment) Act,
2019.
(Punjab Act No. 18 of 2019)
2. The Jagat Guru Nanak Dev Punjab State
Open University Act, 2019.
(Punjab Act No. 19 of 2019)
Part - II Ordinances
Nil
Part - III Delegated Legislation
Nil
Part - IV Correction Slips, Republications and
Replacements
Nil
______
.. 149-151
.. 153-170
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PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICA TION
The 20th December, 2019
No.22-Leg./2019.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 4th day of
December, 2019, is hereby published for general information:-
THE PUNJAB REGULA TION OF FEE OF UNAIDED
EDUCATIONAL INSTITUTIONS (AMENDMENT) ACT, 2019
(Punjab Act No. 18 of 2019)
AN
ACT
further to amend the Punjab Regulation of Fee of Unaided Educational
Institutions Act, 2016.
BE it enacted by the Legislature of the State of Punjab in the Seventieth
Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Regulation of Fee of Unaided
Educational Institutions (Amendment) Act, 2019.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In the Punjab Regulation of Fee of Unaided Educational Institutions Act,
2016 (hereinafter referred to as principal Act), in section 2, after clause (f), the
following clause shall be inserted, namely:-
(ff) “conspicuous place” means and includes Notice Board and website of
the Unaided Educational Institutions and website of the Department of School
Education;”
3. In the principal Act, for section 3, the following section shall be substituted,
namely:-
“3.(1) There shall be constituted a regulatory body to be known as
the Regulatory Body for regulating fee of Unaided Educational
Institutions at the District level in the State of Punjab to
exercise the powers conferred upon and perform the functions
assigned to it under this Act.
Short title and
commencement.
Amendment in
section 2 of
Punjab Act 47 of
2016.
Substitution of
section 3 in
Punjab Act 47 of
2016.
Constitution
of Regulatory
Body.
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(2) The Regulatory Body shall consist of the following, namely:-
(a) Deputy Commissioner of the Chairperson
district concerned or an
officer not below the rank of
Additional Deputy Commissioner;
(b) District Education Officer Member-
(Secondary Education); Secretary
(c) District Education Officer Member
(Elementary Education);
(d) two members, to be Nominated
nominated by the Member
Government from amongst
the eminent educationists
of the district concerned; and
(e) the Chairperson of the Regulatory Body may associate any
other officer of the Government, if so required.
(3) The nominated members referred to in sub-section (2), shall be
paid such remuneration and travelling allowance for attending the meeting
of the Regulatory Body, as may be prescribed.”
4. In the principal Act, in section 4, for the words “the concerned Division”,
the words “the concerned District” shall be substituted.
5. In the principal Act, in section 5, for the second proviso, the following
provisos shall be substituted, namely:-
“Provided further that increase in fee shall not exceed eight per
cent of the fee of the previous year charged by the Unaided Educational
Institution. In case an Unaided Educational Institution intends to increase
the fee beyond eight per cent of the previous year , the said institution
shall notify and display at a conspicuous place the proposed annual fees
and the funds to be charged by them one month before the start of
admissions to the next academic session:
Provided further that a complaint in respect of such fee or funds, as
defined in clauses (g) and (h) of section 2 read with section 9, to be
Amendment in
section 4 of
Punjab Act 47 of
2016.
Amendment in
section 5 of
Punjab Act 47 of
2016.
150
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019
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charged by such institutions alongwith any proposed increase in fee and/
or funds, may be made before the Regulatory Body and said Body shall
dispose of such complaint in accordance with the provisions of this Act:
Provided further that the student(s), whose father or earning member
dies during their study in an Unaided Educational Institution, shall not be
compelled to leave the institution on account of non-payment of fee or
funds and such students shall not be charged any fee till the completion
of their studies in that institution:
Provided further that in case the Unaided Educational Institutions
specify for purchasing of specific uniforms or books, they shall have to
notify and display the specifications of such uniforms and books at
conspicuous place and the parents shall be at liberty to purchase such
uniforms or books from any place of their choice. However, the colour
and design and any other specification of the uniforms so notified, shall
not be changed at least for next two years.”
S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
1930/12-2019/Pb. Govt. Press, S.A.S. Nagar
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PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICA TION
The 20th December, 2019
No.23-Leg./2019.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 12th day of
December, 2019, is hereby published for general information:-
THE JAGAT GURU NANAK DEV PUNJAB ST ATE OPEN
UNIVERSITY ACT, 2019
(Punjab Act No. 19 of 2019)
AN
ACT
to establish and incorporate an open University in the State of Punjab to
provide flexible open learning opportunities by overcoming the separation of
teacher and learner using existing, new and emerging forms of technology and
delivery through a variety of Information and Communication Technology
Educational Aids with an objective to achieve universal quality education and
for matters connected therewith or incidental thereto.
1. (1) This Act may be called the Jagat Guru Nanak Dev Punjab S tate
Open University Act, 2019.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In this Act, rules and regulations made thereunder , unless the context
otherwise requires,—
(a) “Academic Council” means the Academic Council of the University;
(b) “Board” means the Board of Governors of the University;
(c) “Board of Studies” means the Board of Studies of the University;
(d) “College” means a College or other academic institution established
or maintained by, or admitted to the privileges of the University;
(e) "Chancellor" means the Chancellor of the University;
(f) “Employee” means any person appointed by the University , and
includes teachers and other academic staff of the University;
Short title and
commencement.
Definitions.
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(g) “Finance Committee” means the Finance Committee of the University;
(h) “Learner Support Centre” means a centre established, maintained or
recognised by the University for advising, counseling, providing interface
between the teachers and the learners, and rendering any academic
and any other related service and assistance required by the learners;
(i) “Learner Support Services” means and includes such services as
are provided by the University in order to facilitate the acquisition of
teaching-learning experiences by the learner to the level prescribed
by or on behalf of the University in respect of a programme of study;
(j) “Open and Distance Learning Mode” means a mode of providing
flexible learning opportunities by overcoming the separation of teacher
and learner using a variety of media, including print, electronic, digital,
online and occasional interactive face-to-face meetings;
(k) “Planning Board” means the Planning Board of the University;
(l) “Regulations” means the regulations made by any authority of the
University under this Act for the time being in force;
(m) “School” means a School of Studies of the University;
(n) "State Government" means the Government of the State of Punjab;
(o) “S tudent” means a student of the University, and includes any person
who has enrolled himself for pursuing any course of study of the
University;
(p) “teachers” means Professors, Associate Professors, Assistant
Professors and such other persons as may be designated as such
by the Regulations for imparting instruction in the University or for
giving guidance or rendering assistance to students for pursuing
any course of study of the University;
(q) “University” means the Jagat Guru Nanak Dev Punjab State Open
University established under this Act; and
(r) “V ice-Chancellor” means the Vice-Chancellor of the University;
3. (1) There shall be established a University by the name of the “Jagat
Guru Nanak Dev Punjab State Open University”.
(2) The headquarters of the University shall be at Patiala and it may
establish or maintain Colleges and Learner Support Centers in the State as it
may deem fit:
Establishment
and
incorporation of
the University.
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Provided that the University may , with the prior approval of the
Government of India, also establish Learner Support Centers outside India.
(3) The first Vice-Chancellor , the first members of the Board of
Governors, the Academic Council and the Planning Board and all persons who
may hereafter become such officers or members, so long as they continue to
hold such office or membership, are hereby constituted a body corporate by
the name of “Jagat Guru Nanak Dev Punjab State Open University”.
(4) The University shall have perpetual succession and a common seal
and shall sue and be sued by the said name.
4. The objects of the University shall be-
(a) to provide educational opportunities to those students who could
not be reached or who could not access other institutions of higher
learning;
(b) to realise equality of educational opportunities for higher education
for a large segment of the population including those in employment,
women, including housewives, adults and Non- Resident Indians
who wish to upgrade their education or acquire knowledge and
studies in various fields through open and distance learning mode;
(c) to provide flexibility with regard to eligibility for enrolment, age of
entry, choice of courses, methods of learning, conduct of the
programmes;
(d) to complement the programmes of the existing Universities in the
State in the field of higher learning so as to maintain the highest
standards at par with the best Universities in the country with an
endeavor to match international standards; and
(e) to offer degree, diploma and certificate courses for the benefit of
the working population in various disciplines.
5. (1) The University shall have the following powers, namely:—
(i) to provide for instruction in such branches of knowledge, technology,
vocations and professions as the University may determine from
time to time and to make provision for research;
(ii) to plan and prescribe courses of study for degrees, diplomas,
certificates or for any other purpose;
(iii) to partner with institutions of higher learning in the country or abroad
for furtherance of its objectives through sharing of best practices,
The objects of
the University.
Powers of the
University.
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use of new and emerging technologies, sharing of content and
Information Technology based platforms etc.;
(iv) to provide for the preparation of instructional materials, and course
content using existing, new or emerging form of technology and
delivery through a variety of Information and Communication
Technology educational aids i.e. online education in the form of
Open Educational Resources (OERs) or Massive Open Online
Courses (MOOCs) etc;
(v) to hold examinations and confer degrees, diplomas, certificates or
other academic distinctions or recognitions on persons who have
pursued a course of study or conducted research in the manner laid
down by the regulations;
(vi) to confer honorary degrees or other distinctions in the manner laid
down by the regulations;
(vii) to determine the manner in which distance education in relation to
the academic programmes of the University may be organized for
flexible learning opportunities by overcoming the separation of
teacher and learner using a variety of media, including print,
electronic, online and occasional interactive face-to-face meetings
with the presence of a Higher Educational Institution or Learner
Support Services to deliver teaching-learning experiences, including
practical or work experiences;
(viii) to institute professorships, associate professorships, assistant
professorships and other academic positions necessary for imparting
instruction or for preparing educational material or for conducting
other academic activities, including guidance, designing and delivery
of course and evaluation of the work done by the students, and to
appoint persons to such professorships, associate professorships,
assistant professorships and other academic positions;
(ix) to cooperate with, and seek the cooperation of other universities
and institutions of higher learning, professional bodies and
organizations for such purposes as the University considers
necessary;
(x) to institute and award fellowships, scholarships, prizes and such
other awards for recognition of merit as the University may deem
fit;
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(xi) to establish and maintain such Learner Support Centers as may be
determined by the University from time to time;
(xii) to organize and conduct refresher courses, workshops, seminars
and other programmes for teachers, content writers, evaluators and
other academic staff;
(xiii) to recognize examinations of, or periods of study (whether in full or
part) at other universities, institutions or other places of higher
learning as equivalent to examinations or periods of study in the
University, and to withdraw such recognition at any time;
(xiv) to make provision for research and development in educational
technology and related matters;
(xv) to create administrative, ministerial and other necessary posts and
to make appointments thereto keeping in view the norms prescribed
by the University Grants Commission, State Government or any
other statutory body applicable on universities;
(xvi) to receive benefactions, donations and gifts and to acquire, hold,
maintain and dispose of any property movable or immovable,
including trust and Government property, for the purposes of the
University;
(xvii) to borrow, with the approval of the State Government, whether on
the security of the property of the University or otherwise, money
for the purposes of the University;
(xviii) to enter into, carry out, vary or cancel contracts;
(xix) to demand and receive such fees and other charges as may be laid
down by the regulations;
(xx) to provide, control and maintain discipline among the students and
all categories of employees and to lay down the conditions of service
of such employees, including their codes of conduct;
(xxi) to recognise any institution of higher learning or studies for such
purposes as the University may determine and to withdraw such
recognition;
(xxii) to appoint, either on contract or otherwise, visiting Professors,
Emeritus Professors, Consultants, fellows, scholars, artists, writers
and such other persons who may contribute to the advancement of
the objects of the University;
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(xxiii) to recognise persons working in other universities, institutions or
organisations as teachers of the University on such terms and
conditions as may be laid down by the regulations;
(xxiv) to determine standards and to specify conditions for the admission
of students to courses of study of the University which may include
examination, evaluation and any other method of testing;
(xxv) to make arrangements for the promotion of the general health and
welfare of the employees;
(xxvi) to confer autonomous status on a College or a Learner Support
Centre in the manner laid down by the regulations;
(xxvii) to admit to its privileges any College subject to such conditions as
may be laid down by the regulations; and
(xxviii) to do all such acts as may be necessary or incidental to the exercise
of all or any of the powers of the University as are necessary and
conducive to the promotion of all or any of the objects of the
University.
(2) Notwithstanding anything contained in any other law for the time being in
force, but without prejudice to the provisions of sub-section (1), it shall be the
duty of the University to take all such steps as it may deem fit for the promotion
of the Open University and distance education systems and for the determination
of standards of teaching, evaluation and research in such systems.
6. The University shall in the exercise of its powers, have jurisdiction over
the whole of the State of Punjab and over the Learner Support Centres outside
India set up with the approval of Government of India.
7. (1) The University shall be open to persons of either sex and of whatever
race, creed, caste or class, and it shall not be lawful for the University to adopt
or impose on any person any test whatsoever of religious belief or profession
in order to entitle him to be appointed as a teacher of the University or to hold
any other office therein or admitted as a student in the University, or to graduate
thereat, or to enjoy or exercise any privilege thereof.
(2) Nothing in sub-section (1) shall be deemed to prevent the University
from making any special provision for the appointment or admission of women
or of persons belonging to the weaker sections of the society, and in particular,
of persons belonging to the Scheduled Castes or Scheduled Tribes.
Jurisdiction.
University open
to all classes,
castes and
creeds.
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8. The following shall be the officers of the University, namely:-
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Registrar; and
(iv) such other persons in the service of the University , as may be
declared by the regulations to be the officers of the University.
9. The Governor of Punjab shall be the Chancellor of the University.
10. (1) The Vice-Chancellor shall be appointed by the Chancellor on the
advice of the State Government out of a panel of persons of national eminence,
prepared through a transparent screening process:
Provided that the first Vice-Chancellor shall be appointed for a
period of three years by the State Government.
(2) The Vice-Chancellor shall hold of fice for a term of three years,
which may be extended for another three years by the Chancellor , on the
advice and recommendations of the State Government.
(3) The Chancellor shall determine the amount of remuneration and
other conditions of service of the Vice-Chancellor:
Provided that such terms and conditions shall not be altered to the
disadvantage of the Vice-Chancellor during his term of office.
(4) Notwithstanding anything contained in sub-section (2), the
Chancellor, on the recommendations of the S tate Government may , at any
time, by an order in writing, remove the Vice-Chancellor from the office on the
ground of incapacity, misconduct or violation of statutory provisions:
Provided that no such order shall be made by the Chancellor unless
the Vice-Chancellor has been given a reasonable opportunity of showing cause
against the action proposed to be taken against him:
Provided further that during the pendency of any inquiry , the
Chancellor may, on the recommendations of the State Government, place the
Vice-Chancellor under suspension.
(5) In case the of fice of the Vice-Chancellor becomes vacant due to
death, resignation, expiry of term, due to illness or such other cause, the
Chancellor, on the recommendations of the State Government may appoint any
person to perform the functions of the Vice-Chancellor until a new Vice-Chancellor
is appointed or, as the case may be.
Officers of the
University.
Chancellor.
Vice-Chancellor,
appointment
and powers.
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(6) The Vice-Chancellor shall be the principal executive and academic
officer of the University and shall exercise general control over its affairs in
accordance with the regulations and give effect to the decisions of the authorities
of the University.
(7) The Vice-Chancellor shall have the power of convening meetings
of the Academic Council.
(8) It shall be the duty of the Vice-Chancellor to ensure that the provisions
of this Act and the regulations are faithfully observed and he shall have all
powers necessary for this purpose.
(9) If, in the opinion of the Vice-Chancellor, an emergency has arisen
which requires immediate action to be taken, the Vice-Chancellor shall take
such action as he deems necessary with the approval of Chairman of the
Board of Governors and shall report the same for confirmation at the next
meeting to the authority, which in the ordinary course, would have dealt with
the matter:
Provided that where any such action taken by the Vice-Chancellor
is not approved by the authority concerned, he may refer that matter to the
Chancellor, whose decision thereon shall be final:
Provided further that where any such action taken by the Vice-Chancellor
affects any person in the service of the University, such person shall be entitled
to prefer an appeal to the Board, within a period of thirty days from the date on
which he receives notice of such action.
11. (1) The Registrar shall be appointed by the Board on the
recommendations of the Vice-Chancellor for a period of three years, which
may be extended by another term of three years.
(2) The terms and conditions of service of the Registrar shall be such
as may be determined by the Board.
(3) The Registrar shall be ex-officio Secretary of the Board and the
Academic Council.
(4) It shall be the duty of the Registrar to-
(i) be custodian of the records, common seal and such other
property of the University as the Board may commit to his
charge;
(ii) keep the minutes of all meetings of the Board and the Academic
Council;
Appointment,
powers, duties
and conditions
of service of the
Registrar.
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(iii) conduct the official correspondence of the Board and the
Academic Council;
(iv) arrange for and superintend the examination of the University;
(v) supply to the Chancellor, copies of the agenda of the meetings
of the authorities as soon as they are issued and minutes of
the meetings of the authorities ordinarily within a period of
one month of the holding of the meetings; and
(vi) perform such other duties as may from time to time, be
assigned to him by the Vice-Chancellor or the Board.
12. (1) Subject to the provisions of this Act, the powers and duties of the
officers of the University other than the Chancellor, the Vice-Chancellor and
the Registrar, the terms for which they shall hold office and the filling of casual
vacancies in such offices shall be provided for by the regulations.
(2) The mode of appointments, terms and conditions of service and the
functions of the officers of the University, other than the Chancellor, the Vice-
Chancellor and the Registrar, shall be prescribed by regulations in so far as
they are not provided herein.
13. The following shall be the authorities of the University, namely:-
(i) the Board of Governors;
(ii) the Academic Council;
(iii) the Faculties;
(iv) the Board of Studies;
(v) the Planning Board;
(vi) the Finance Committee; and
(vii) such other authorities, as may be declared by the regulations.
14. (1) The Board shall consist of a Chairman, ten ex-officio members and
eight nominated members.
(2) (a) The Chairman shall be appointed by the Chancellor on the advice
of the State Government out of a panel of persons of national eminence.
(b) The Chairman may be removed from the office by the State
Government, if,-
(i) he willfully refuses to carry out the provisions of this Act; or
(ii) he abuses the powers vested in him; or
Appointment,
powers, duties
of the officers
and their terms
of office.
Authorities of
the University.
Constitution of
the Board of
Governors.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019
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(iii) he is adjudged as an insolvent; or
(iv) he is convicted by a court of law for an offence involving
moral turpitude; or
(v) it appears to the State Government that his continuation in
office is detrimental to the public interest:
Provided that no order of removal under this sub-section shall
be passed without giving him a reasonable opportunity of being heard by the
State Government and after recording reasons therefore.
(3)(a) The Chairman shall ordinarily preside over the meetings of the
Board.
(b) The Chancellor shall preside over the convocation of the University
and if he is unable to preside over the same then the Chairman shall preside
over the convocation.
(4) (a) The Chancellor shall, on the advice of the State Government,
nominate the following members of the Board for a period of three years and
they shall be eligible for re-nomination for another term of the same period,
namely:-
(i) two members from amongst the eminent Industrialists;
(ii) two members from amongst the eminent educationists;
(iii) two heads of the department by rotation from amongst the
heads of the departments of the University; and
(iv) two persons of distinguished merit in social work, politics, civil
services and science and technology.
(b) The following shall be the ex-officio members, namely:-
(i) Vice-Chancellor, Jagat Guru Nanak Dev Punjab S tate Open
University;
(ii) Vice-Chancellor, Punjabi University, Patiala;
(iii) Vice-Chancellor, Guru Nanak Dev University, Amritsar.
(iv) Administrative Secretary to Government of Punjab,
Department of Higher Education;
(v) Administrative Secretary to Government of Punjab,
Department of Finance;
(vi) Administrative Secretary to Government of Punjab,
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Department of Medical Education and Research;
(vii) Administrative Secretary to Government of Punjab,
Department of Technical Education;
(viii) Vice-Chairman, University Grant Commission, New Delhi or
his nominee;
(ix) President of the Confederation of Indian Industry or his
nominee; and
(x) President of the PHD Chamber of Commerce and Industries
or his nominee.
(5) When a vacancy occurs in the Board due to resignation or death of
a member or otherwise, the same shall be filled in the manner provided in sub-
section (4):
Provided that the person who fills such vacancy shall hold office
for the unexpired portion of the term for which the person in whose place he
becomes a member would have otherwise continued in office.
(6) The Board shall be the supreme authority of the University and
shall have the following powers and functions, namely:-
(a) to superintend and control the affairs of the University;
(b) to approve academic programmes;
(c) to frame and approve regulations;
(d) to create Departments or Centres or Schools or Boards of Studies
for running various academic programmes;
(e) to create posts of faculty and staff positions in the University;
(f) to approve the University budget;
(g) to administer and control the funds of the University and to authorize
the opening and operation of the Bank Accounts;
(h) to accept, transfer and otherwise control the moveable, immovable
and intellectual property of the University;
(i) to decide upon the form and use of common seal of the University;
(j) to appoint such committees as may be required for the efficient
functioning of the University;
(k) to approve the emoluments and terms and conditions of service of
the faculty and staff of the University; and
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(l) to approve the performance of works and services on contract.
(7) An annual meeting of the Board shall be held on a date to be fixed
by the Vice-Chancellor in consultation with the Chairman. In such annual
meeting, report of working of University during the previous year together
with the statement of the receipts and expenditure, the balance sheet and
financial estimates shall be presented.
(8) Special meeting of the Board may be convened by the Chairman as
and when necessary .
(9) The members of the Board shall be entitled to such allowances, if
any, and the sitting fee from the University as may be provided in the regulations,
but no member other than the persons referred to in sub-clause (iii) of clause
(a) and sub-clause (i) of (b) of sub-section (4) of this section shall be entitled to
any salary.
(10) Six members, including the Chairman, shall constitute a quorum at
any meeting of the Board.
(11) In case of difference of opinion amongst the members, the opinion
of the majority shall prevail.
(12) Each member of the Board, including the Chairman, shall have one
vote. If there shall be equality of votes on any question to be determined by the
Board, the Chairman shall, in addition, has the power to exercise a casting
vote.
(13) Every meeting of the Board shall generally be presided over by the
Chairman.
(14) Any resolution, except such which is placed before the meeting of
the Board, may be adopted by circulation among all its members. Any resolution
so circulated and adopted by a majority of the members, who have given their
approval or disapproval of such resolution shall be as effectual and binding as
if such resolution had been adopted in a meeting of the Board:
Provided that for any decision by such circulation at least four
members of the Board must support the resolution in writing.
15. (1) The Academic Council shall be the Academic Body of the University
and shall, subject to the provisions of this Act and the regulations, have control
and be responsible for the maintenance of standard of instructions, education
and examination within the University and shall exercise such other powers
and perform such other duties as may be conferred or imposed upon it by
Academic
Council.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019
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165
regulations. It shall have the right to advise the Board on all academic matters.
(2) The Academic Council shall consist of the following members, namely:-
(i) the Vice-Chancellor; :Chairman
(ii) the Dean of Faculties; :Member
(iii) all the Heads of the Departments or :Members
Schools of the University;
(iv) the Principals of five colleges situated :Members
in State to be nominated by the Board;
(v) Director, Public Instructions (Colleges), :Member
Punjab;
(vi) Director, Technical Education and :Member
Industrial Training, Punjab;
(vii) two eminent industrialists to be :Members
nominated by the Board; and
(viii) two eminent educationists to be :Members
nominated by the Board.
The nomination of members mentioned at serial numbers (iv), (vii) and
(viii), shall be for a period of two years.
16. (1) The Planning Board shall consist of the following persons, namely:-
(a) the Vice-Chancellor;
(b) the Administrative Secretary to Government of Punjab,
Department of Finance or his nominee;
(c) the Administrative Secretary to Government of Punjab,
Department of Higher Education or his nominee;
(d) the Administrative Secretary to Government of Punjab
Department of Technical Education or his nominee;
(e) not more than ten persons of high standing in public life,
education and industry who shall be appointed by the State
Government.
(f) The Registrar shall be the Secretary of the Planning Board.
(2) The recommendations of the Board shall be implemented after they
are approved by the appropriate authorities of the University.
(3) It shall advise on the planning and development of the University
Constitution of
the Planning
Board.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019
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166
particularly in respect of the standard of education and research in the
University.
17. (1) The Finance Committee shall consist of the following members, namely:-
(i) the Vice- Chancellor; :Chairman
(ii) the Administrative Secretary to :Member
Government of Punjab,
Department of Finance;
(iii) the Administrative Secretary to :Member
Government of Punjab,
Department of Higher
Education;
(iv) two members of the Board, to be :Members
nominated by the Chairman; and
(v) Registrar. :Member Secretary
(2) The Finance Committee shall advise the Board on all financial
matters.
18. Subject to the provisions of this Act, the constitution, the powers and
duties of the authorities of the University other than the Board and the Academic
Council shall be provided by the regulations.
19. (1) The first regulations of the University shall be approved and notified
by the State Government in the Official Gazette.
(2) The Board may, from time to time make new or additional regulations
or may amend or repeal the regulations:
Provided that the Board shall not propose the draft of amendment
of the regulations affecting the status, powers or constitution of any existing
authority of the University, until such authority has been given an opportunity
of expressing an opinion upon the proposal and any opinion so expressed shall
be in writing and shall be considered by the Board.
(3) Every new regulation or any addition or any amendment or repeal
of regulation after approval of the Board shall require the approval of the State
Government, which may approve, disallow or remit it to the Board for further
consideration.
20. Subject to the provisions of this Act, the regulations may provide for all or
Powers and
duties of the
authorities of
the University.
Power of making,
amendment,
repeal and
operations of
regulations.
Regulations.
Constitution of
the Finance
Committee.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019
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167
any of the following matters, namely:-
(a) the constitution, powers and duties of the Academic Council and
such other authorities as may be deemed necessary to constitute
from time to time;
(b) the appointments, powers and duties of the officers of the University;
(c) the constitution of gratuity and provident fund and the establishment
of an insurance scheme for the benefit of the officers and other
employees of the University;
(d) the conferment of Honorary degrees;
(e) the withdrawal of degrees, diplomas, certificates and other academic
distinctions;
(f) the establishment and constitution of faculties, departments, halls,
hostels, colleges, centres and schools;
(g) the conditions under which colleges, schools and centres may be
admitted to the privileges of the University and the withdrawal of
such privileges;
(h) the admission of students to the University and their enrolment as
such;
(i) the courses of study to be laid down for all degrees, diplomas and
certificates of the University;
(j) the degrees, diplomas, certificates and other academic distinctions
to be awarded by the University, the qualifications for the same and
the amounts to be taken relating to the granting and obtaining of the
same;
(k) the fees to be charged for courses of study in the University and
for admission to the examinations, degrees, diplomas and certificates
of the University;
(l) the conditions for the award of fellowships, scholarships, studentships,
exhibitions, medals and prizes;
(m) the conduct of examinations including terms of office and manner
of appointment and the duties of examining bodies, examiners and
moderators;
(n) the maintenance of discipline among students at the University;
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(o) the conditions of residence of students at the University;
(p) the emoluments and terms and conditions of service of the officers
and employees of the University;
(q) the management of colleges, schools, and centres founded or
maintained by the University;
(r) the supervision and inspection of colleges, schools and centres
admitted to the privileges of the University; and
(s) all other matters which by this Act or may be provided for by the
regulations.
21. (1) The authorities may make sub-regulations consistent with this Act
and regulations for all or any of the following matters, namely:-
(a) laying down, the procedure to be observed at their meetings and
the number of members required to form the quorum; and
(b) providing for all matters which by this Act and regulations are to be
specified.
(2) Every authority shall make sub-regulations providing for the giving
of notice to the members of such authority of the dates of meetings and of the
business to be considered in the meetings and for the keeping of a record of
the proceedings of the meetings.
22. The State Government shall provide a one-time grant not exceeding rupees
twenty-five crore to create a Corpus of Funds which thereafter shall be
maintained and replenished by the University by mobilising funds from time to
time by way of grants, donations, fees and such other charges as it may be
enabled to levy under its regulations.
23. The annual report of the University shall be prepared and shall be submitted
to the Board for approval at its annual meeting on or before such date as may
be prescribed by regulations.
24. The accounts of the income and expenditure of the University shall be
submitted once every year to the State Government for such examination and
audit, as the State Government may direct. The accounts when audited, shall
be published in the Official Gazette of the State Government.
25. No act done, or proceedings taken under this Act by any authority or any
other body of the University shall be invalid merely on any of the following
grounds, namely:-
Sub-regulations.
Corpus of
Funds.
Annual report.
Annual account.
Acts or
proceedings of
authorities and
bodies not
invalidated by
vacancies.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019
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169
(a) vacancy or defect in the constitution of the authority or body;
(b) defect or irregularity in nomination or appointment of a person acting
as a member thereof; and
(c) defect or irregularity in such act or proceeding, not affecting the
merits of the case.
26. If any question arises whether a person has been duly nominated or
appointed or is entitled to be a member of any authority or body of the University,
the matter shall be referred to the Chancellor, whose decision thereon shall be
final.
27. (1) The State Government shall have the powers to make a reference
to the University with regard to any matter of policy or in respect of any act
done by the University in contravention with the provisions of this Act or the
regulations made there under.
(2) The University shall report to the State Government about the action,
if any, as it proposes to take or has taken upon the reference made under sub-
section (1), and shall submit an explanation to the State Government, if it fails
to take action.
(3) If, the University fails to take action on such reference to the
satisfaction of the State Government within a reasonable time, it may after
considering explanation submitted by the University , issue such directions
consistent with this Act, as the State Government may consider necessary and
the University shall comply with such directions.
(4) The State Government may, at any time, arrange for an inspection
or enquiry into the affairs of the University by such authority or person as it
may specify , to satisfy about the proper and ef fective functioning of the
University and also upon any matter connected with the administration and
finances of the University.
(5) The University may authorize any person to represent it on the
inspection or enquiry referred to in sub-section (4).
(6) On receipt of the report of inspection or enquiry referred to in sub-
section (4), the State Government may examine the same and give such
directions as it may consider necessary, to the University.
(7) The Vice-Chancellor shall within a period of thirty days from the
date of receipt of the directions given under sub-section (6), send an intimation
to the State Government about the action taken by the University in pursuance
Disputes about
constitution of
authorities and
bodies.
Powers of the
State
Government.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019
(AGHN 29, 1941 SAKA)
170
of the said directions.
(8) On the expiry of the period specified in sub-section (7), the State
Government may, after considering the intimation, if any, received from the
Vice-Chancellor, issue such directions to the University , as it may consider
necessary and the University shall comply with such directions.
28. Every resolution passed by the University shall be communicated to the
State Government within a period of thirty days from the date of passing such
resolution.
29. If in the opinion of the State Government, resolution of the University is
not in the public interest, or is not in conformity with the provisions of this Act
or the regulations made there under, it may, by an order in writing, suspend the
implementation of such resolution:
Provided that the resolution, the implementation of which is
suspended by the State Government, shall not be cancelled without giving a
reasonable opportunity to the University to explain its position.
30. The State Government may issue such directions to the University, as in
its opinion are necessary or expedient for carrying out the purposes of this Act
or regulations made there under, and the University shall be bound to comply
with all such directions.
31. If any difficulty arises with respect to the establishment of the University
or in connection with the first meeting of any authority of the University or
otherwise in giving effect to the provisions of this Act at the first stage, the
State Government may, at any time, before any authority of the University has
been constituted, by order make any appointments or do anything so far as it
may be consistent with the provisions of this Act, which appears to it necessary
or expedient for the purpose of removing the difficulty. Every such order shall
have effect as if such appointment or action had been made or taken in the
manner provided in this Act.
S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
Communication
of resolution of
the State
Government.
Powers of the
State
Government to
suspend or
cancel the
resolution of
the University.
Power of the
State
Government to
give direction.
Power of the
State
Government to
remove
difficulties.
1930/12-2019/Pb. Govt. Press, S.A.S. Nagar
Lex