The Punjab State Council for Agricultural Education Act, 2017.

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Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020
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CHANDIGARH, TUESDAY, JANUARY 2, 2018
(PAUSA 12, 1939 SAKA)
( i)
LEGISLATIVE  SUPPLEMENT
Contents Pages
Part - I Acts
1. The Punjab State Council for Agricultural
Education Act, 2017.
(Punjab Act No. 1 of 2018) .. 1-14
2. The Punjab School Education Board
(Amendment) Act, 2017.
(Punjab Act No. 2 of 2018) .. 15-18
Part - II Ordinances
Nil
Part - III Delegated Legislation
Notification No. S.O.1/P.A.5/2017/S.128/
2018, dated the 28th December , 2017,
waiving the late fee payable under section
47 of the Punjab Goods and Services Tax
Act, 2017. 1
Part - IV Correction  Slips,  Republications and
Replacements
Nil

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 2, 2018
(PAUSA 12, 1939 SAKA)
1
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL  AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICA TION
The 2nd January, 2018
No.1-Leg./2018.-The following Act of the Legislature of the S tate of
Punjab received the assent of the Governor of Punjab on the  22nd  day of
December, 2017, is hereby published for general information:-
THE PUNJAB ST ATE COUNCIL  FOR AGRICULTURAL
EDUCATION ACT, 2017.
(Punjab Act No. 1 of 2018)
AN
ACT
to provide for the establishment of a S tate Council for Agricultural
Education for promotion and coordination of agricultural education in various
colleges and institutes in the State of Punjab and to provide for matters connected
therewith or incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the Sixty-
eighth  Year of the Republic of India as follows:-
1.    (1)   This Act may be called Punjab State Council for Agricultural Education
Act, 2017.
(2)  It extends to the whole of the S tate of Punjab, however ,  the public
funded, existing or deemed agricultural universities shall not come under the
purview of this Act.
(3)   It shall come into force on such date as the Government may , by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,-
(a) “agriculture” includes the basic and applied science of  soil and
water management, crop (field, horticultural and forestry) science,
agricultural engineering  and home science;
(b) "Chairperson" means the Chairperson of the Council;
(c) “college” means a college or an institute (affiliated or constituent to
any University) anywhere in the State of Punjab which is imparting
education or training in agriculture and  is affiliated or deemed to be
affiliated to any University;
Short title and
commencement.
Definitions.
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(d) "Committee" means a Committee constituted by the Council;
(e) “constituent college” means a college, which is under the direct
management  of a University, whether located at the headquarters
or elsewhere in the University area;
(f) “Council” means the Punjab State Council for Agricultural Education
constituted under this Act;
(g) “degree course” means the course of study in agriculture;
(h) “department” means a department of a college or university
designated as such  with reference to a subject(s);
(i) "Government" means the Government of State of Punjab in the
Department of Agriculture;
(j) “guidelines” means the guidelines or instructions issued by the
Council from time to time for uniform implementation of this Act;
(k) “Member-Secretary" means Member-Secretary of the Council;
(l) “prescribed’  means prescribed by rules made under this Act;
(m) “principal/dean” means the head of a recognized college or
institution;
(n) “recognized college” means a college of studies in agriculture,
recognized or deemed to be recognized under this Act, by the Council
and being a constituent of/ af filiated to a University, is under the
overall supervision of the University for academic matters;
(o) “recognized institution” means an institution of teaching other than
the colleges constituent of /affiliated to a University, recognized or
deemed to be recognized as such by the Council under this Act;
(p) "regulations" means regulations made by the Council under this Act;
(q) “syllabus” and “curriculum” mean the syllabus and curriculum for
study as  specified by the Council; and
(r) “University” means a University to/of which a college/institution/
department, deemed to be recognized by the Council under this
Act, is affiliated/constituent of.
3. (1) The Government may , by notification in the Of ficial Gazette,
constitute a Council to be known as the Punjab State Council for Agricultural
Education to exercise the powers conferred upon and perform the functions
assigned to it under this Act.
Constitution of
the Council.
(2) The Council shall be a body corporate with perpetual succession
and a common seal with power to acquire, hold and dispose of property, and to
enter into contract and may, by the said name sue and be sued.
(3) The Council shall consist of the following members, namely:-
(i) The Financial Commissioner : Chairperson
(Development) /Additional Chief
Secretary (Development) to
Government of Punjab,
Department of Agriculture;
(ii) The Vice-Chancellor of the : Vice-Chairperson
Punjab Agricultural University;
(iii) The Secretary to Government of : Ex-officio Member
Punjab, Department of Finance;
(iv) One representative of Director : Ex-officio Member
General, Indian Council of
Agricultural Research, New Delhi;
(v) Any one Vice-Chancellor, from  a : Ex-officio Member
State funded University or a private
University of Punjab or his
representative not below the rank of
Registrar, Dean or Director to be
nominated by the Government ;
(vi) Any one of the  Dean, Postgraduate : Ex-officio Member
Studies; Dean, College of Agriculture;
College of Agricultural Engineering and
Technology; and College of Home Science
of the Punjab Agricultural University,
to be nominated by the  Government;
(vii) Any one of the Director of : Ex-officio Member
Agriculture, the Director of Horticulture,
the Chief Conservator of Soil of the
Government of Punjab;
(viii) Two eminent agricultural scientists : Member
to be nominated by the Government;
(ix) One agricultural entrepreneur from : Member
industry (agriculture machinery or
food processing industry) in the State
of Punjab to be nominated by the
Government;
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(x) A full time Member-Secretary, : Member-Secretary.
to be appointed by the Government.
(4)   The term of the office of members other than ex-officio members
shall be three years:
Provided that a member whose term of three years has expired shall,
unless Government otherwise directs, continue to hold the office till his successor
is nominated.
(5) A member of the Council may resign from his office at any time by
tendering his resignation in writing to the Chairperson and the Chairperson
shall forward the same to the Government for its acceptance and such member
shall be deemed to have vacated his office on acceptance of resignation by the
Government.
(6) The Government, in case of a member other than the Chairperson
and an ex-officio member may, by an order, in writing by recording reasons
thereof, remove any member from the office on the ground that he,-
(i) has abused his position; or
(ii) has been convicted by a Court of Law for an offence involving
moral turpitude or has otherwise become insane or of unsound mind;
or
(iii) is guilty of misconduct which in the opinion of the  Government
render him  unfit to continue as Member; or
(iv) has continuously absented himself from three consecutive meetings
of the Council without the permission of the Chairperson:
          Provided that before issuing an order, the Government shall give such a
member a reasonable opportunity of being heard.
(7) A causal vacancy occurring due to death, resignation or removal of
a member shall be filled by nomination and such a member shall hold the office
for the remaining term.
(8) Subject to the provisions of this Act, every member except one
who is removed under sub-section (6) shall be eligible for re-nomination.
4.   The headquarter of the Council shall be at such place as may be determined
by the Government.
5. (1) No business shall be transacted at the meeting of the Council unless
fifty percent of the existing members of the Council are present:
Headquarter of
the Council.
Meetings and
business of the
Council.
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Provided that if a meeting of the Council is adjourned for want of a
quorum then no quorum shall be necessary for the next meeting for the
transaction of the same business.
(2) No member shall take part in the discussion of, or exercise his vote
on, any matter in which he has any personal or pecuniary interest.
(3) The Council shall meet at such time and place and shall observe
such procedure with regard to the transaction of its  business at such meetings,
as may be prescribed.
(4) The Chairperson and in his absence, the Vice- Chairperson shall
preside over the meeting of the Council and in the case of absence of the
Vice-Chairperson, any member chosen by the members present in the meeting,
shall preside over the meeting.
(5) All matters in the meeting shall be decided by majority of votes of
the members present and in case of equality of votes, the person presiding
over such meeting shall have a casting vote.
(6) The Council shall ordinarily meet once in a quarter but shall hold at
least two meetings in a year.
        (7) The Council shall, in addition to meeting referred to in sub-section
(6), hold a meeting to be known as annual meeting to consider its annual report,
audited annual accounts and balance sheet on or before the 30th of September
of the following year.
(8) Every decision of the Council shall be taken by passing a resolution
and shall be authenticated by the signatures of the Chairperson and in his
absence, the Vice-Chairperson and in the case of absence of the Vice-
Chairperson,  by such other member as may be authorized by the Council in
this behalf.
(9) Every instrument on behalf of the Council shall be authenticated by
the signature of the Member-Secretary or in the absence of Member-Secretary,
or when it is considered necessary under any circumstances, the Council may,
by an order in writing and by recording reasons thereof, authorize any member
or officer of the Council to authenticate any instrument.
(10) No act or proceedings of the Council shall be questioned or invalid
merely on the ground of,-
(a) any vacancy among its members or any defect in the constitution
thereof ; or
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(b) any defect in the nomination of a member; or
(c) any defect or  irregularity in such act or proceedings not affecting
the merits of the  case.
6. (1) The Council shall have the following powers and functions, namely:-
(a)  to specify the minimum standards and guidelines for imparting
agricultural education and training to be followed by the colleges/
universities in the State;
(b)  to regulate the agricultural education in the State through   grant of
recognition to colleges/ institutions/ departments that meet the norms
and standards prescribed to run educational degree programmes in
agriculture. On the grant of recognition, the recognized colleges/
institutions/ departments shall automatically follow the prescribed
system of education and governance including infrastructure (class
rooms, laboratories, equipment, instructional farms, etc); procedure
of admission, recruitment of staff, resident instruction, course
curricula, pattern of examination etc  as may be directed by the
Council  from time to time;
(c)  to grant approval to the annual academic plans/schemes of the
recognized colleges/institutions/departments;
(d) to review from time to time, the work done in the colleges/
institutions/departments  relating to agricultural education to achieve
effective coordination in the activities of the recognized colleges/
institutions/ departments of the concerned universities and give them
suitable guidance and directions;
(e) to ensure sustained quality assurance in agricultural education in
the State through grant of accreditation to the recognized colleges;
(f)  to issue necessary directions, in the exercise of its powers and the
discharge of its functions, to the concerned colleges/institutions/
departments under intimation to the Vice-Chancellor/s of the
concerned University/ies, which shall be final and binding on them.
It shall be the duty of the Vice-Chancellors/Deans/Principals
concerned to ensure that such directions are promptly and properly
implemented;
(g) to exercise such other powers and to discharge such    other functions
as are incidental or requisite to give effect to the provisions of this
Powers and
functions of the
Council.
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Act as per decision of the Government related to agricultural
education;
(h) to advise the Government on any matter related to the activities of
the  concerned universities/colleges/ institutions on agricultural
education;
(i) to review from time to time the procedures laid down to discharge
its functions;
(j)  to co-ordinate and maintain standards of agricultural education and
to effect re-orientation of such education on the specified lines so
as to serve the needs of farmers and agro-industry and promote
co-operation amongst the institutions and industrial and commercial
establishment;
(k) to co-operate with the Indian Council of Agricultural Research and
other bodies in such manner and for such purposes, as may be
necessary to carry out the purposes of this Act;
(l) to undertake all other such acts and deeds as may be necessary for
proper discharge of functions under this Act or the rules or the
regulations made thereunder ;
(m)  to carry out such duties as may be imposed on it under   this Act or
the rules or the regulations made thereunder.;
(n) to refuse to affiliate an institution which, -
(i) does not fulfil or is unable to fulfil the standards laid down by
the Council for staff, instructions, equipment and buildings; or
(ii) does not abide by the conditions for affiliation laid down by
the Council:
Provided that the affiliation to an institution shall not be refused
without giving it a reasonable opportunity of being heard and without
passing an order in writing and after recording reasons thereof;
(o) to withdraw affiliation of an institution which is  unable     to  adhere
to or make a provision for standards of staff, instructions, equipment
or buildings as laid down by the Council or on its failure to observe
the conditions of affiliation to the satisfaction of the Council :
Provided that affiliation of an institution shall not be withdrawn without
giving it a reasonable opportunity of being heard and without passing an
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 2, 2018
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order in writing by recording reasons thereof;
(p) to call reports from Heads of the affiliated institutions in respect of
any act done in contravention of the rules,   regulations, decisions,
instructions or directions of the Council in such manner, as may be
specified ;
(q) to inspect or cause to be inspected an affiliated institution for the
purpose of ensuring due observance of the specified courses of
study and to ensure that the facilities for instructions are duly provided
for and availed of ;
(r) to create technical, professional, administrative, ministerial and other
posts required for the performance of its duties and responsibilities
and to appoint persons to such posts ;
(s) to borrow money for carrying out the purposes of this Act with the
prior approval of the Government;
(t) to recommend to the Government regarding introduction of new
courses and development of appropriate curricula in connection
therewith ;
(u) to provide guidelines for granting academic autonomy to institutions
of agricultural education and grant academic autonomy to such
institutions, as it may consider necessary;
(v) to review norms and guidelines for charging tuition and other fees
by the colleges in order to prevent commercialization of agricultural
education and training;
(w) to refer any question arising in the courses of exercise of its powers
or in the discharge of its duties and functions under this Act to any
appropriate Committee constituted under section 7 and consider
the committee’s recommendations or suggestions thereon; and
(x) to delegate by order such of its powers subject to such conditions,
as it may consider necessary to any affiliated institution or other
authority constituted under this Act or the rules or the regulations
made thereunder.
         (2)    The Council shall, subject to the provisions of this Act and the rules
made thereunder, have all such powers as may be necessary for the discharge
of its functions and the performance of its duties under this Act or the rules or
the regulations made thereunder.
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7. (1) The Council may, for the purpose of carrying out the provisions of
this Act and the rules and the regulations made thereunder, set up the following
Committees or such other Committees, as may be prescribed, namely :-
(i) Academic Committee;
(ii) Affiliation and Accreditation Committee;
(iii)  Finance Committee; and
(iv) Any other Committee as per requirement.
(2) The Committees shall consist of such members and of such other
persons, as the Council may, consider necessary in such manner , as may be
prescribed.
(3) The term of the Committees and its members shall be such as may
be prescribed.
(4) Every Committee shall submit its report to the Council for such
decisions thereon, as it may consider necessary.
8. (1) Subject to the superintendence, control and direction of the Council,
the Chairperson shall have the following powers, namely:-
(i) undertake all acts required for implementing the decisions of the
Council and shall exercise such powers and perform such other
duties, in relation thereto, as may be prescribed;
(ii) make such orders, as he may consider necessary on the
recommendation of the Committees constituted under section 7 on
any matter falling within the jurisdiction of the Council:
Provided that where such orders are inconsistent with the
recommendations of the Committee or Committees, as the case may be, the
same shall be placed before the Council within a period of thirty days from the
date such orders are passed for its ratification.
(2) If the Chairperson is satisfied that action is required to be taken on
any matter which is within the jurisdiction of the Council, he may, by an order
in writing, take such action, as he may consider necessary keeping in view the
facts and circumstances of each case:
Provided that such order shall be placed before the Council for ratification
in its next meeting.
(3) The Chairperson shall convene and preside over the   meeting of
the Council at which he is present.
Constitution of
Committees of
the Council.
Powers of the
Chairperson.
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9. (1)  The Government shall appoint a person to be the Member-Secretary
to assist the Council in carrying out the purposes of this Act and he shall,
subject to the superintendence, control and direction of the Chairperson ,be the
Chief Executive Officer of the Council.
(2) The Member-Secretary shall be responsible for preparation of the
estimate of accounts and annual statement of Receipt and Expenditure and
balance sheet of the Council and he shall be responsible for ensuring that all
moneys of the Council are spent for the purposes for which these are meant.
(3) The Member-Secretary shall be responsible for maintaining the
record of the Council including the proceedings of its meetings and he shall be
entitled to be present and to speak at the meeting of the Council, but he shall
not have the right to vote.
(4) The Member-Secretary shall exercise all such other powers, as
may either be conferred upon him by the Chairperson under the rules or the
regulations made under this Act or delegated to him by the Council.
10. The Council may, appoint such officers and  employees, as it may consider
necessary for carrying out the provisions of this Act, on such terms and
conditions of service, as may be prescribed.
11. (1) A fund of the Council, to be known as the Agricultural Education
Development Fund, shall be created by one time grant provided by the
Government.
(2) All receipts of the Council shall be credited into the fund.
(3) All expenditure incurred by the Council shall be defrayed out of the
fund, which shall be operated in such manner, as may be   prescribed.
(4) All moneys lying in the credit of the fund, shall be kept in any
Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (Act 2 of
1934) or the same may also be invested in securities of Central Government,
State Government or a Public Sector Undertaking.
(5) The fund shall be utilized for payment of charges and expenses
authorised by or under this Act or for carrying out the purposes of this Act.
12. The accounts of the Council shall be got prepared by the Member-Secretary
and audited annually by such an agency on payment of such amount, as may
be specified by the Government.
13. (1) The annual report of the Council shall be prepared by the Member-
Secretary and shall be submitted to the Council within such time, as may be
prescribed.
Appointment of
Member-
Secretary.
Appointment of
officers and
employees.
Funds of the
Council.
Accounts and
Audit.
Annual Report.
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(2) The Council shall consider the annual report in its annual meeting
for approval thereof.
(3) The Council shall submit its approved annual report along with
audited annual accounts and balance sheet to the Government within a period
of thirty days of the meeting.
(4) The Government shall, soon after the submission of the annual report
along with audited annual accounts and balance sheet of the Council under
sub-section (3), cause the same to be laid before the State Legislative Assembly:
Provided that when the report and accounts are to be laid in the Budget
Session, these shall be laid before the House on the first sitting of the Session:
Provided further that the said report shall be laid before the State
Legislative Assembly before the close of the financial year following the year
to which the report relates.
14. (1) The Government shall have the power to make a reference to the
Council with regard to any matter of policy or in respect of any act done by the
Council in contravention of the provisions of this Act or the rules or the
regulations made thereunder.
(2) The Council shall report to the Government about the action, if any,
as it proposes to take or has taken upon the reference made under sub-section
(1), and shall furnish an explanation, if it fails to take action.
(3) If, the Council fails within a reasonable time to take action on such
reference to the satisfaction of the Government, it may after considering
explanation submitted by the Council, issue such directions consistent with this
Act, as the Government may consider necessary and the Council shall comply
with such directions.
(4) The Government may, at any time, arrange for an inspection of or
inquiry into the affairs of the Council by such authority or person, as it may
specify, to satisfy about the proper and ef fective functioning of the Council
and also upon any matter connected with the administration and finances of
the Council.
(5) The Council may authorise any person to represent it at the inspection
or inquiry referred to in sub-section (4).
(6) On receipt of the report of inspection or inquiry referred to in sub-
section (4), the Government may examine the same and give such directions,
as it may consider necessary, to the Council.
Reference to the
Council.
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(7) The Chairperson shall,  within the stipulated period but not less than
thirty days from the date of the receipt of the directions given under sub-
section (6), send an intimation to the Government about the action taken by the
Council in pursuance of the said directions.
(8) On the expiry of the period specified in sub-section (7), the
Government may, after considering the intimation, if any, received from the
Chairperson, issue such directions to the Council, as it may consider necessary
and the Council shall comply with such directions.
15. Every resolution of the Council, shall be communicated to the Government
within a period of thirty days from the date of passing such resolution. If, in the
opinion of the Government, a resolution of the Council is not in public interest
or is not in conformity with the provisions of this Act or the rules or the regulations
made thereunder, it may, by an order in writing, suspend the execution of such
resolution:
Provided that the resolution, the execution of which is suspended by the
Government, shall not be cancelled without giving a reasonable opportunity to
the Council to explain its position.
16.     The Government may issue to the Council such directions as in its
opinion are necessary or expedient for carrying out the purposes of this Act or
the  rules or the  regulations made thereunder and the Council shall comply
with all such directions.
17.     An institution aggrieved by an order of the Council to refuse or withdraw
affiliation, may prefer an appeal within a period of thirty days from the date of
communication of such order to the Chief Secretary whose decision shall be
final.
18. (1) All members, officers and employees of the Council shall be deemed,
while acting or purporting to act in pursuance of any provisions of this Act, to
be public servants within the meaning of section 21 of the Indian Penal Code,
1860 (Central Act 45 of 1860).
(2) Every person entrusted with the duties of supervision or conducting
inspection work at any institution which is affiliated or seeking affiliation to the
Council, shall during the period of such inspection as well as for a period of one
month prior to the date of commencement of and two months after the closing
of such inspection, be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
Resolution of the
Council.
Powers to issue
directions.
Appeal.
Members of the
Council to be
public servants.
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19. No suit, prosecution or other legal proceedings shall lie against the Council
or its authorities, officers or any employee of the Council for anything which is
done or intended to be done in good faith under this Act or the rules or the
regulations made thereunder.
20. Notwithstanding anything contained in this Act, with a view to remove
any difficulty in giving effect to the provisions of this Act, the Government
may, at any time, after the commencement of this Act, regulate by an order in
writing, any matter which is to be prescribed or specified by a regulation under
this Act, as the case may be.
21.   (1) The Government may, by notification in the Official Gazette, make
rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power , such
rules may provide for all or any of the following matters, namely:-
(a) the salary and allowances payable to the member and officers of
the Council;
(b) the term, composition and number of members of the Committees
referred to in section 7; and
(c) any other matter which  is to be, or may be, prescribed  under this
Act.
(3) Every rule made under this Act shall be laid,  as soon as may be,
after it is made, before the House of the State Legislature, while it is in session
for a total period of ten days, which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of the session in which
it is so laid or the successive sessions aforesaid, the House agrees in making
any modification in the rule or the House agrees, that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be, so, however , that any such modification or
annulment shall be without prejudice to the validity of anything previously done
or omitted to be done under that rule.
22. (1) The Council may, with the prior approval of the Government, make
regulations consistent with this Act and the rules framed thereunder.
(2)   Without prejudice to the generality of the foregoing power , such
regulations may provide for all or any of the following matters, namely:-
(a) the admission of students to affiliated institutions;
(b) the courses of study and training to be provided by the affiliated
institutions;
Protection of
action taken in
good faith.
Power to remove
difficulties.
Power to make
rules.
Power to make
regulations.
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(c) the award of degrees and the requirements which students should
fulfil for obtaining the same ;
(d) the manner of affiliation of an institution ;
(e) the manner of recognition of the courses of study, the type of training
and examinations to be conducted by an institution for the purposes
of eligibility for the award of degree;
(f) the collaboration with a recognised university with a view to effecting
co-ordination and avoiding conflict;
(g) the procedure to be followed at the meetings of the committees;
(h) the number of members required to constitute a quorum at the
meetings of the committees ;
(i) the manner in which decision shall be taken at any of the meetings
of the committees ;
(j) the period of notice to be given to the members of a committee
regarding the dates fixed for meetings and the agenda for the same;
(k) the manner of keeping record of the proceedings of the meetings of
the committees ;
(l) any other matter concerning the conduct of proceedings of the
meetings of the committees and matters connected therewith ;
(m) any other matter which may be connected with or incidental to, any
of the matters as aforesaid; and
(n) any matter which is required to be laid down in the regulations in
accordance with the provisions of this Act.
23. Save as otherwise provided in this Act, any rule or regulation with regard
to affiliation, admission, curricula, staff or any other matter, as applicable before
the commencement of this Act, shall remain applicable for two years from
such commencement and during this period the college shall submit a status
report to the Council within thirty days and a compliance report within six
months and seek approval of Council within two years from the date of
commencement of this Act.
VIVEK PURI,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
Existing rule or
regulation to
continue.
1408/1-2018/Pb. Govt. Press, S.A.S. Nagar
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 2, 2018
(PAUSA 12, 1939 SAKA)
14

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