92Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020 PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 30, 2020
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EXTRAORDINARY
Published by Authority
CHANDIGARH, WEDNESDAY, SEPTEMBER 30, 2020
(ASVINA 8, 1942 SAKA)
LEGISLATIVE SUPPLEMENT
Contents Pages
Part - I Acts
Sri Guru Teg Bahadur State University of Law, Punjab Act, 2020.
(Punjab Act No. 12 of 2020)
.. 93-115
Part - II Ordinances
Nil
Part - III Delegated Legislation
Nil
Part - IV Correction Slips, Republications and
Replacements
Nil
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( lxxxi )
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PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 30th September, 2020
No.15-Leg./2020.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 24th day of
September, 2020, is hereby published for general information:-
SRI GURU TEG BAHADUR STATE UNIVERSITY OF LAW, PUNJAB
ACT, 2020
(Punjab Act No. 12 of 2020)
AN
ACT
to establish and incorporate a State University for the development and
advancement of legal education and for the purposes of imparting specialized
and systematic instruction, training and research in the field of law and for the
matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the Seventy
first Year of the Republic of India as follows:-
1. (1) This Act may be called Sri Guru Teg Bahadur State University of
Law, Punjab Act, 2020.
Short title and commencement.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In this Act, unless the context otherwise requires,—
Definitions.
(i) "Academic Council" means the Academic Council of the University;
(ii) "Bar Council of India" means the Bar Council of India, constituted
under the Advocates Act, 1961;
(iii) "Chancellor" means the Chancellor of the University;
(iv) "Executive Council" means the Executive Council of the University;
(v) "Finance Committee" means the Finance Committee of the
University;
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(vi) "Governor" means the Governor of the State of Punjab;
(vii) "Governing Council" means the Governing Council of the University
as established under this Act;
(viii) "prescribed" means prescribed by statutes and regulations made
by the University under this Act;
(ix) "Registrar" means the Registrar of the University;
(x) "State Bar Council" means the Bar Council of Punjab and Haryana,
constituted under the Advocates Act, 1961;
(xi) "State Government" means Government of the State of Punjab;
(xii) "University" means Sri Guru Teg Bahadur State University of Law,
Punjab, established under section 3; and
(xiii) "Vice-Chancellor" means the Vice-Chancellor of the University.
3. (1) There shall be established in the State of Punjab, a Law University by
the name of Sri Guru Teg Bahadur State University of Law, Punjab.
Establishment of the University.
(2) The University shall be a body corporate by the name, specified in
sub-section (1), and shall have perpetual succession and a common seal. It
shall have the power to acquire, hold and dispose of property both movable
and immovable and shall sue and be sued by the said name.
(3) The headquarters of the University shall be at Tarn-Taran or at such
place, as may be specified by the State Government by notification in the
Official Gazette.
4. The objects of the University shall be,-
Objects of the University.
(1) (1) to evolve and impart comprehensive legal education at all
levels;
(2) to organize advanced studies and promote research in all
branches of law;
(3) to disseminate legal knowledge and legal processes and their
role in national development by organizing lectures, seminars,
symposia, webinars, workshops and conferences;
(4) to promote cultural, legal and ethical values with a view to
promote and foster the rule of law, the objectives enshrined in 95
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the Constitution of India and to promote legal awareness in
the community for achieving social and economic justice;
(5) to improve the ability with a view to analyze and present for
the benefit of the public, contemporary issues of public concern
and their legal implications;
(6) to liaise with institutions of higher learning and research in
India and abroad;
(7) to publish periodicals, treatises, study books, reports, journals
and other literature on all subjects relating to law;
(8) to hold examinations and confer degrees and other academic
distinctions;
(9) to undertake study and training projects relating to law,
legislation and judicial institutions; and
(10) to do all such things as are incidental, necessary or conducive
to the attainment of all or any of the objectives of the
University.
5. The University shall have the following powers and functions to be
exercised and performed by or through its various officers and authorities,
Powers and functions of the University.
namely:-
(1) to administer and manage the University, and such centres for study,
research, education and instructions as are necessary in furtherance
of the objects of the University;
(2) to provide for instruction in all branches of knowledge or learning
pertaining to law and allied subjects as the University may deem fit;
(3) to make provisions for research and for the advancement and
dissemination of knowledge of law;
(4) to hold examinations and to grant or confer degrees, titles, diplomas,
certificates and other academic distinctions on persons and to
withdraw any such degrees, titles, diplomas and other academic
distinctions subjects to such conditions, as the University may
determine;
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prescribed, to regulate the expenditure and to manage the accounts
of the University;
(6) to institute and maintain halls and hostels and to recognize places of
residence for the students of the University and to withdraw such
recognition;
(7) to establish special centres, specialized study centres or other units
for research and instructions as are in the opinion of the University
necessary in furtherance of its objects;
(8) to regulate the discipline among students and staff of the University
and to take such disciplinary measures, as may be deemed
necessary;
(9) to make arrangements in respect of residence, discipline and teaching
of women students;
(10) to create academic, technical, administrative, ministerial and other
posts and to make appointments thereto;
(11) to create Professorship, Associate Professorships, Assistant
Professorships, and any other teaching, non-teaching or research
posts, required by the University and to make appointments against
the posts so created;
(12) to institute and award Fellowships, Scholarships, Prizes and Medals;
(13) to provide for printing, reproduction and publication of research and
other works and to organize exhibitions and to sponsor and undertake
research in all aspects of law, justice and social development;
(14) to co-operate with any other organizations in the matter of education,
training and research in law, justice, social development and allied
subjects for such purposes, as may be agreed upon, on such terms
and conditions, as the University may from time to time, determine;
(15) to cooperate with institutions of higher learning in any part of the
world having objects wholly or otherwise similar to those of the
University by exchange of teachers and scholars and generally in
such manner, as may be conducive to the common objects of the
University;
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(16) to establish and maintain within the premises of the University or
elsewhere such Schools, Colleges and Study Halls, as the University
may consider necessary and adequately furnish the same;
(17) to establish and maintain such libraries and reading rooms, as may
appear convenient or necessary for the University;
(18) to receive grants, subscriptions, donations and gifts to achieve the
objects of the University and to accept grants of money, securities
or property of any kind or description on such terms and conditions,
as may be deemed expedient;
(19) to purchase, take on lease, or accept as gift, or otherwise any land
or building or works, which may be necessary or convenient for the
purpose of the University on such terms and conditions, as it may
deem necessary and proper and to construct or alter and maintain
any such land and building or works;
(20) to sell, exchange, lease or otherwise dispose of all or any portion of
the properties of the University, movable or immovable, on such
terms and conditions, as it may deem necessary and proper without
prejudice to the interests and objects of the University;
(21) to draw and accept, to make and endorse, to discount and negotiate
Government of India and other promissory notes, bills of exchange,
cheques or other negotiable instruments;
(22) to execute conveyances, transfers, re-conveyances, mortgages,
leases, licenses and agreements in respect of property, movable or
immovable including the State Government securities belonging to
the University or to be acquired for the University;
(23) to appoint in order to execute an instrument or transact a business
of the University, any person as it may deem fit;
(24) to enter into any agreement with the Central Government, State
Government, the University Grants Commission or any other
Authority for receiving grants;
(25) to raise and borrow money on bonds, mortgages, promissory notes
or other obligations or securities founded or based upon all or any
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securities and upon such terms and conditions, as it may think fit,
and to pay out of the funds of the University, all expenses incidental
to the raising of money, and to repay and redeem any money
borrowed or debt made;
(26) to invest the funds of the University or moneys entrusted to the
University in or upon such securities or deposits and in such manner,
as it may deem fit and from time to time, transpose any investments;
(27) to make such statutes, regulations and other instruments, as may
from time to time, be considered necessary for regulating the affairs
and the management of the University and its properties and to
alter, modify and to rescind them;
(28) to constitute for the benefit of the academic, technical, administrative
and other staff, in such manner and subject to such conditions as
may be prescribed, pension, insurance, provident fund and gratuity
and other schemes, as it may deem fit and to make such grants as
it may think proper for the benefit of the staff of the University and
to aid in the establishment and support of associations, institutions,
funds and trusts for the benefit of the staff and the students of the
University;
(29) to confer honorary degrees and other distinctions in the manner laid
down in the regulations;
(30) to delegate all or any of its powers to the Vice-Chancellor or any
Committee or to any one or more members of its body or its officers;
and
(31) to do all such other acts and things, as the University may consider
necessary, conducive or incidental to the attainment or enlargement
of the aforesaid objects or any of them.
6. (1) All teaching in connection with the degrees, diplomas and certificates
Teaching in the University.
of the University, shall be conducted in accordance with the
regulations made under this Act.
(2) The courses and curricula and the authorities responsible for
organizing the teaching of such courses and curricula shall be such,
as may be prescribed.
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7. (1) The Governor of Punjab shall be the Chancellor of the University. The Chancellor.
(2) The Chancellor may cause an inspection, to be made by such person
or persons as he may direct, of the University, its buildings, libraries
and equipments and of any institution maintained by the University,
and also of the examinations, teaching and other work conducted
or done by the University and cause an inquiry to be made in the
like manner in respect of any matter connected with the
administration and finances of the University.
(3) The Chancellor may offer such advice to the University, as he may
deem appropriate with reference to the result of such inspection or
inquiry.
(4) The University shall communicate to the Chancellor, the action taken
or proposed to be taken on such advice.
(5) In case of differences among the authorities or officers of the
University on any matter, which cannot be otherwise resolved, the
decision of the Chancellor shall be final.
(6) The Chancellor may invite a person or persons of eminence in
law and legal education to advise the University in relation to the
affairs of the University as and when he deems it necessary.
8. The following shall be the Authorities of the University, namely:- Authorities of the University.
(i) the Governing Council;
(ii) the Executive Council;
(iii) the Academic Council;
(iv) the Finance Committee; and
(v) such other authorities, as may be declared by the statutes
from time to time to achieve the objectives of the University.
9. (1) The Governing Council shall be the supreme authority of the
University and it shall consist of the following persons, namely:-
The Governing Council and its terms of office.
(a) the Vice-Chancellor ; Chairman
(b) the Advocate General, Punjab; Member
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(d) the Legal Remembrancer and Secretary to Member
Government of Punjab, Department of Legal and
Legislative Affairs;
(e) the Secretary to Government of Punjab, Department Member
of Finance;
(f) the Secretary to Government of Punjab, Department Member
of Higher Education and Languages;
(g) two persons from amongst retired judges of the Members
Supreme Court of India or the Punjab and Haryana
High Court to be nominated by the Chancellor on
advice of the State Government;
(h) two eminent persons in the disciplines of Law, Social Members
Sciences and Humanities to be nominated by the
Chancellor on advice of the State Government;
(i) two Professors of Law from outside the University Members
to be nominated by the Vice-Chancellor on advice
of the State Government;
(j) two Professors of the University to be nominated Members
by the Vice Chancellor of the University;
(k) one member of Parliament from the State of Punjab Member
to be nominated by the State Government;
(l) two members of the Punjab State Legislative Members
Assembly to be nominated by the State Government;
and
(m) the Chairman, Bar Council of Punjab and Haryana Member
or his nominee from amongst the members of the
Bar Council.
(2) The membership of a person, who has become a member of the
Governing Council by reason of office or appointment he holds,
shall be terminated when he ceases to hold that office or
appointment.
(3) The term of the nominated members of the Governing Council shall
be three years.
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(4) A member of the Governing Council shall cease to be a member
before the expiry of his term, if he resigns or becomes of unsound mind, or
becomes insolvent or is convicted of a criminal offence involving moral turpitude.
A member, other than the Vice-Chancellor or Professor, shall also cease to be
member, if he accepts a full time appointment in the University or if he not
being an ex officio member, fails to attend three consecutive meetings of the
Governing Council without obtaining the leave of the Chancellor.
(5) A member of the Governing Council other than an ex-officio
member may resign from his membership by a letter addressed to the Chancellor
and such resignation shall take effect as soon as he has accepted it.
10. The Governing Council shall be the plenary authority of the
University and shall formulate and review from time to time the policies and
programmes of the University and devise measures for the improvement and
Powers and functions of the Governing Council.
development of the University and shall also have the following powers and
functions, namely:—
(i) to consider and pass the annual report, financial statement
and the budget estimates prepared by the Finance Committee
and to adopt them with or without modification;
(ii) to make statutes and regulations concerning the administration
of the affairs of the University including prescribing the
procedures, to be followed by the authorities and the officers
of the University in the discharge of their functions; and
(iii) any other decision referred by the Academic Council or Finance
Committee or that the Governing Council finds it necessary to
be put before it.
11. (1) The Governing Council shall be convened at least once in a
year. The meeting shall be held on such date, as be fixed by the Chairman,
Meetings of the Governing Council.
unless some other date has been fixed by the Governing Council in respect of
any year.
(2) The Vice-Chancellor shall present a report on the working of
the University together with a statement of receipts and expenditure, the balance
sheet as audited, and the financial estimates to the Governing Council at its
annual meetings.
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(3) The meeting of the Governing Council shall be called by the
Chancellor or by the Vice-Chancellor either on his own or on the written request
of not less than eight members of the Governing Council.
(4) For every meeting of the Governing Council, fifteen days
notice shall be given to every member before the date of the meeting.
(5) One half of the members, existing on the rolls of the Governing
Council, shall form the quorum.
(6) In case of difference of opinion among the members, the opinion
of majority of members shall prevail.
(7) If an urgent action, to be taken by the Governing Council
becomes necessary, the Vice-Chancellor may permit the business, to be
transacted by circulation of papers to the members of the Governing Council.
The action so proposed to be taken, shall not be taken, unless agreed to by a
majority of members of the Governing Council. The action so taken shall be
intimated forthwith to all the members of the Governing Council. In case, the
authority concerned fails to take decision, the matter shall be referred to the
Chancellor through the State Government, whose decision shall be final.
12. (1) The Executive Council shall consist of the following persons,
The Executive Council.
namely:—
(a) the Vice-Chancellor ; Chairman
(b) the Advocate General, Punjab; Member
(c) the Legal Remembrancer and Secretary to Member
Government of Punjab, Department of Legal and
Legislative Affairs;
(d) the Secretary to Government of Punjab, Department Member
of Finance or his nominee not below the rank of
Additional Secretary;
(e) the Secretary to Government of Punjab, Department Member
of Higher Education and Languages or his nominee
not below the rank of Additional Secretary ;
(f) the Chairman, Bar Council of Punjab and Haryana Member
or his nominee from amongst the members of the
Bar Council; and 103
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(g) three teachers not below the rank of Professor of Members
the University to be nominated by the
Vice-Chancellor by rotation for a period of one year.
(2) A membership of a person, who has become a member of the
Executive Council by reason of the office or appointment, he holds, shall be
terminated, when he ceases to hold that office or appointment.
(3) The term of office of the nominated members of the Executive
Council shall be three years.
(4) A member of the Executive Council shall cease to be a member,
if he resigns or becomes of unsound mind or becomes insolvent or is convicted
of a criminal offence involving moral turpitude. A member other than the Vice-
Chancellor or teachers, shall also cease to be a member, if he accepts a full
time appointment in the University or if he being a teacher fails to attend three
consecutive meetings of the Executive Council without the leave of the
Chairman.
(5) A member of the Executive Council other than an ex-officio
member, may resign his membership by a letter addressed to the Vice-Chancellor
and such resignation shall take effect as soon as he has accepted it.
13. (1) The Executive Council shall be the Chief Executive Authority
of the University, and as such, it shall have all powers, necessary to administer
the University, subject to the provisions of this Act and the statutes made there
Powers and function of the Executive Council. under. The Executive Council may make regulations for that purpose and also
with respect to matters mentioned in sub-section(2).
(2) The Executive Council shall have the following powers and
functions, namely:—
(i) to recommend the names of three persons to the Chancellor
for appointment as Registrar on the recommendations of a
Selection Committee headed
(ii) by the Vice-Chancellor;
(iii) to prepare and present to the Governing Council at its annual
meetings, a report on the working of the University, a statement
of accounts and budget proposals for the ensuing academic
year;
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(iv) to manage and regulate the finances, accounts, investments,
properties, business and all other administrative affairs of the
University and for that purpose, constitute committees and
delegate the powers to such committees or such officers of
the University as it may deem fit;
(v) to invest any money belonging to the University, including any
unapplied income, in such stock, funds, shares or securities,
as it may think fit, from time to time;
(vi) to transfer or accept transfers of any movable or immovable
property on behalf of the University;
(vii) to enter into, vary, carryout and cancel contracts on behalf of
the University and for that purpose to appoint such officers,
as it may think fit;
(viii) to provide the buildings, premises, furniture and apparatus and
other means needed for carrying on the work of the University;
(ix) to entertain, adjudicate upon, and if it thinks fit, to redress any
grievances of the officers, the teachers, the students and the
employees of the University;
(x) to create teaching, administrative, ministerial and other
necessary posts, to determine the number and emoluments of
such posts, to specify the minimum qualifications for
appointment to such posts on such terms and conditions of
service, as may be prescribed ;
(xi) to appoint examiners and moderators, and if necessary to
remove them and to fix their fees, emoluments and travelling
and other allowances, after consulting the Academic Council;
(xii) to select a common seal for the University; and
(xiii) to exercise such other powers and to perform such other duties,
as may be considered necessary or imposed on it by or under
this Act.
14. (1) The meeting of the Executive Council shall be called at least
once in four months. For every meeting of the Executive Council, fifteen days'
Meetings of the Executive Council.
notice shall be given to every member before the date of meeting.
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(2) The meeting of the Executive Council shall be called by the
Registrar under the instructions of the Vice-Chancellor or at the request of not
less than six members of the Executive Council.
(3) One half of the members of the Executive Council shall form
the quorum.
(4) In case of differences of opinion among the members, the
opinion of the majority of the members shall prevail.
(5) Every meeting of the Executive Council shall be presided over
by the Vice-Chancellor and in his absence, by a member, chosen by the
members present.
(6) If an urgent action, to be taken by the Executive Council
becomes necessary, the Vice-Chancellor may permit the business to be
transacted by circulation of papers to the members of the Executive Council.
The action so proposed to be taken, shall not be taken unless agreed to by a
majority of members of the Executive Council. The action so taken shall be
forthwith intimated to all the members of the Executive Council In case, the
authority concerned fails to take decision, the matter shall be referred to the
Chancellor, whose decision shall be final.
15. (1) The Academic Council shall consist of the following persons, The Academic Council.
namely:—
(a) the Vice-Chancellor; Chairman
(b) three persons from amongst the educationists of Members
repute or men of letters or members of the legal
profession, practicing in the High Court and Supreme
Court, who are not in the service of the University,
to be nominated by the Chancellor;
(c) a nominee of the Bar Council of India; Member
(d) a nominee of the State Bar Council; Member
(e) two Professors of the University; Members
(f) all the Heads of the Departments of the University; Members
and
(g) two members of the teaching staff, one each Members
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respectively representing the Associate and Assistant
Professors of the University, to be nominated by the
Vice-Chancellor for a period of one year on rotation.
(2) The term of the members other than ex-officio members and
those whose term is specified in clause (g) of sub-section (1), shall be three
years.
Powers and 16. Subject to the provisions of this Act, the statutes and regulations,
and overall supervision of the Executive Council, the Academic Council shall
manage the academic affairs and matters of the University and in particular,
functions of the Academic Council.
shall have the following powers and functions, namely:—
(i) to report on any matter referred or delegated to it by the
Governing Council or the Executive Council;
(ii) to make recommendations to the Executive Council with regard
to the creation, abolition or classification of teaching posts in
the University and the emoluments payable and the duties
attached thereto;
(iii) to formulate, modify or revise schemes for the organization
of the faculties, and to assign to such faculties their respective
subjects, and also to report to the Executive Council as to the
expediency of the abolition or sub-division of any faculty or
the combination of one faculty with another;
(iv) to recommend arrangements for the instruction and
examination of persons, other than those, enrolled in the
University;
(v) to promote research within the University and to require from
time to time, reports on such research;
(vi) to consider proposals submitted by the faculties;
(vii) to suggest policies for admissions to the University;
(viii) to recommend recognized diplomas and degrees of other
Universities and institutions and to determine their equivalence
in relation to the certificates, diplomas and degrees of the
University;
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(ix) to fix, subject to any conditions accepted by the Governing
Council, the time, mode and conditions of competition for
Fellowships, Scholarships and other prizes and to recommend
award for the same;
(x) to make recommendations to the Executive Council in regard
to the appointment of examiners and if necessary, their removal
and fixation of their fees, emoluments and travelling and other
expenses;
(xi) to recommend arrangements for the conduct of examinations
and the dates for holding them;
(xii) to declare or review the result of the various examinations or
to appoint committees or officers to do so, and to make
recommendations regarding the conferment or grant of
degrees, honours, diplomas, licences, titles and marks of
honour;
(xiii) to recommend stipends, scholarships, medals and prizes and
to make other awards in accordance with the regulations and
such other conditions, as may be attached to the awards;
(xiv) to approve or revise lists of prescribed or recommended text
books and to publish the same and syllabus at the prescribed
courses of study;
(xv) to approve such forms and registers, from time to time, as are
required by the regulations; and
(xvi) to perform, in relation to academic matters, all such duties
and to do all such acts as may be necessary for the proper
carrying out of the provisions of this Act and the regulations
made thereunder.
17. (1) The meetings of the Academic Council shall be called, as and Meeting of the Academic when deemed necessary, but not less than two times during an academic year.
Council.
(2) One half of the existing members of the Academic Council
shall form the quorum for a meeting.
(3) In case of difference of opinion among the members, the
opinion of the majority of the members shall prevail.
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(4) Every meeting of the Academic Council shall be presided
over by the Vice-Chancellor and in his absence, by a member, chosen in the
meeting to preside on the occasion.
(5) If an urgent action, to be taken by the Academic Council
becomes necessary, the Chairman of the Council may permit the business to
be transacted by circulation of papers to the members of the Council. The
action proposed to be taken, shall not be taken unless agreed to, by a majority
of the members of the Academic Council. The action so taken, shall forthwith
be intimated to all the members of the Academic Council. In case, the authority
concerned fails to take decision, the matter shall be referred to the Chancellor,
whose decision shall be final.
18. (1) The Finance Committee constituted by the Governing Council,
The Finance Committee. shall consist of the following persons, namely:—
(a) the Vice-Chancellor ; Chairman
(b) the Secretary to Government of Punjab, Department Member
of Finance or his nominee;
(c) the Secretary to Government of Punjab, Department Member
of Higher Education and Languages or his nominee;
and
(d) two other members to be nominated by the Member
Governing Council from amongst its members of
whom one shall be a teacher not below the rank
of a Professor.
(2) The members of the Finance Committee, other than the Vice-
Chancellor and Professor, shall hold office so long as they continue as members
of the Governing Council.
(3) The Finance Committee shall perform the following functions
and duties, namely:—
(i) to examine and scrutinize the annual budget of the University
and to make recommendations on financial matters to the
Executive Council and the Governing Council;
(ii) to consider all proposals for new expenditure and to make
recommendations to the Executive Council and the Governing
Council;
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(iii) to consider the periodical statement of accounts and to review
the finances of the University, from time to time; and to
consider re-appropriation statements and audit reports and to
make recommendations to the Governing Council; and
(iv) to give its views and to make recommendations to the
Governing Council on any financial question affecting the
University either on its own initiative or on reference from the
Executive Council or the Vice-Chancellor.
(4) The meeting of the Finance Committee shall be called at least
thrice in every year. At least three members of the Finance Committee shall
form the quorum.
(5) The Vice-Chancellor shall preside over the meetings of the
Finance Committee, and in his absence, a member, elected at the meeting,
shall preside. In case of difference of opinion among the members, the opinion
of the majority of the members present shall prevail.
(6) 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.
19. The following shall be the officers of the University, namely:-
Officers of the University.
(i) the Vice-Chancellor;
(ii) the Registrar;
(iii) the Head of the Department; and
(iv) such other officers as may be prescribed.
20. (1) The Vice-Chancellor, who shall be an academic person and The Vice- Chancellor.
an outstanding scholar in law, is a whole-time officer of the University.
(2) 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 recommended
by the Committee so formed by the State Government to suggest such a panel:
Provided that the first Vice-Chancellor shall be appointed for
a period of three years by the State Government.
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nominated as a Member of the Committee constituted under sub- section (2).
(4) The term of office of the Vice-Chancellor shall be three years
from the date on which he enters upon his office, or until he attains the
age of seventy years, whichever is earlier, and he shall be eligible for
reappointment for further terms till he attains the age of seventy years:
Provided that the Chancellor may, on the advice of State
Government require the Vice-Chancellor upon expiry his term has, to continue
in office for such period, as may be specified by him, but not exceeding one
year.
(5) Notwithstanding anything contained in sub-section (2), the
Chancellor, on the recommendations of the State 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 the no such order of removal shall be passed
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 where in the opinion of the Chancellor, it
shall not be prudent for the Vice-Chancellor to continue on office during the
pendency of such inquiry, he may, on the recommendations of the State
Government, place the Vice-Chancellor under suspension and appoint such
other person as deemed fit to discharge the functions of the Vice-Chancellor
till the completion of such enquiry.
(6) The emoluments and other conditions of service of the Vice-
Chancellor shall be such, as may be prescribed and shall not be varied to his
disadvantage.
(7) When a vacancy occurs, or is likely to occur in the office of
the Vice-Chancellor due to death, resignation or otherwise or if he is unable to
perform his duties due to ill-health or any other cause, the State Government
may designate a suitable person to perform the functions of the Vice-Chancellor
until the new Vice-Chancellor assumes his office or until the existing Vice-
Chancellor is able to attend to the duties of his office, as the case may be.
21. (1) The Vice-Chancellor shall ensure that the provisions of this
Powers and duties of the Act, statutes and regulations are duly observed, and he shall have all such
Vice-Chancellor.
powers, as are necessary for that purpose.
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(2) The Vice-Chancellor shall convene the meetings of the
Governing Council, , the Executive Council , the Academic Council and the
Finance Committee and shall perform all such other acts, as may be necessary
to give effect to the provisions of this Act.
(3) The Vice-Chancellor shall be the competent authority to
appoint the teachers, librarians, finance officer and other officers in consultation
with the Chancellor on the recommendations of the Selection Committee,
appointed by the Executive Council for that purpose in accordance with the
specified guidelines.
(4) The Vice-Chancellor shall be the competent authority to take
disciplinary action against the persons mentioned in sub-section (3), in
accordance with the prescribed procedure.
(5) The Vice-Chancellor shall have all powers relating to the
maintenance of proper discipline in the University.
(6) If in any emergency, which in the opinion of the Vice-
Chancellor, requires immediate action to be taken, he shall take such action, as
he deems necessary and shall, at the earliest possible, report the action to the
authority or other body, as the case may be, for confirmation in the next meeting
of the authority, which in the ordinary course would have dealt with the matter:
Provided that if the action taken by the Vice-Chancellor is not
approved by the authority concerned, he may refer the 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 within thirty days from the date on which he
receives notice of such action, an appeal to the Chancellor.
22. The Registrar, who shall be an academic or administrative person, The Registrar.
not below the rank of a Professor and the corresponding designation of the
administrative post and he shall be a whole-time officer of the University and
shall be appointed by the Chancellor on the recommendation of the Selection
Committee, constituted by the Executive Council and headed by the Vice-
Chancellor on such terms and conditions of service, as it may specify, subject
to the provisions of statutes and regulations.
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23. The Registrar, shall,—
Powers and duties of the
(i) be the ex-officio Secretary of all the authorities, committees
Registrar.
and other bodies of the University and shall also be the
Convener of all the meetings. He shall note and maintain the
minutes of meetings;
(ii) be the principal adjutant of the Vice-Chancellor in all matters
pertaining to the administration of the University. The
Executive Council, may entrust to him special responsibilities
and powers;
(iii) have the power to appoint with the approval of the Vice-
Chancellor, the non-teaching staff including employees of the
last grade service and contingent staff in pursuance of the
recommendations of the Selection Committee, appointed for
that purpose, in the prescribed manner. He shall be the
competent authority to take disciplinary action against such
employees in accordance with such procedure, as may be
prescribed;
(iv) comply with all directions and orders of the Executive
Committee and the Vice-Chancellor; and
(v) be the custodian of records, common seal and such other
property of the University, as the Executive Council shall
commit to his charge.
24. (1) There shall be a Head for each of the Department in the University.
Heads of the Departments.
(2) The powers, functions, appointments and conditions of service of
the Heads of the Departments shall be such, as may be prescribed.
Reservation in 25. The University shall comply with the provisions of reservations based
on University Grants Commission and the National Law School System.
a p p o i n t m e n t s and admissions.
26. The annual report of the University shall be prepared and shall be
Annual report.
submitted to the Governing Council for approval at its annual meeting on or
before such date as may be prescribed by regulations.
Annual account. 27. 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.
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Funds of the 28. (1) The University shall receive or cause to receive such funds as may
University.
be allocated to it by the State Government.
(2) The University shall raise funds as may be necessary to carry out
its functions through such fees including tuition fee and other charges as may
be determined by the Executive Council and approved by the Governing Council.
(3) The University may receive such grants and funds including CSR
funds as it may be eligible to receive under various schemes and programmes
of Government of India, State Government, University Grants Commission
and organizations of the Central and State Governments.
(4) All funds received by the University shall be credited into an account
called the University Fund Account.
(5) The funds credited in the University Fund Account shall be spent
with prior approval of the Finance Committee and in accordance with the
financial regulations of the University.
(6) The Budget of the University shall be prepared by the Finance
Committee and it shall be approved by the Governing Council on the
recommendations of the Executive Council.
(7) The University shall establish a corpus fund with an initial grant of
rupees ten crore from the State Government. Such a fund shall be invested to
raise income to meet with the recurring cost of management of the University.
The investment of the amount in the corpus fund shall be made as per the
regulations of the University as approved by the State Government.
29. The first Statutes of the University shall be made by the Vice- Statutes and
regulations.
Chancellor with the approval of the State Government. They shall be placed
before the Governing Council in its first meeting, which may adopt them with
or without modification. Subsequent statutes or modifications in the statutes
shall be made by the Governing Council.
30. Notwithstanding anything contained in this Act and the statutes, the
first Vice- Chancellor shall be appointed by the State Government. The first
Appointment of first Vice- Chancellor and Registrar, shall be appointed by the State Government on the recommendations
first Registrar.
of the Vice-Chancellor. The said officers shall hold office for a period of three
years. However, till the appointment of a regular Vice-Chancellor is made, the
Administrative Secretary to Government of Punjab, Department of Higher
Education, shall hold charge.
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Honorary
31. If the Academic Council recommends that a honorary degree or
degree.
academic distinction be conferred on any person on the ground that he is, in
their opinion, by reason of eminent attainment and position, fit and proper to
receive such degree or academic distinction, the Governing Council, by a
resolution, decide that the same may be conferred on the person so
recommended.
32. (1) The Governing Council may, on the recommendation of the
Withdrawal of
Executive Council, withdraw any distinction, degree, diploma or privilege
degree or diploma.
conferred on, or granted to, any person by a resolution passed by the Governing
Council, if such person has been convicted by a court of law for an offence,
which in the opinion of the Governing Council, involves moral turpitude or if he
has been guilty of gross misconduct.
(2) No action under sub-section (1) shall be taken against any
person, unless he has been given an opportunity of being heard against the
action proposed to be taken.
(3) A copy of the resolution passed under sub-section (1), by the
Governing Council, shall be immediately sent to the person concerned.
(4) Any person aggrieved by the decision taken by the Governing
Council, may appeal to the Chancellor within a period of thirty days from the
date of receipt of such resolution.
(5) The decision of the Chancellor in appeal shall be final.
Discipline. 33. (1) The Vice-Chancellor shall be the final authority for the
maintenance of discipline among the students of the University. His directions
in this behalf shall be carried out by the Heads of Departments, hostels and
institutions.
(2) Notwithstanding anything contained in sub-section (1), the
punishment of debarring a student from an examination or rustication from the
University or a hostel or an institution shall, on the report of the Vice-Chancellor,
be considered and imposed by the Executive Council:
Provided that no such punishment shall be imposed without giving
the student concerned a reasonable opportunity of being heard against the
action proposed to be taken against him.
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34. No act or proceedings of the Governing Council, the Executive
Council or any other authority or officer or body of the University, shall be
Acts or proceedings not to be invalidated invalidated or questioned on the ground merely of the existence of any vacancy
by vacancies.
or defect in the constitution thereof.
35. No suit, prosecution or other legal or administrative proceedings Indemnity against general shall lie against the University or any authority or officer or employee of the
proceedings.
University for anything, which is in good faith done or intended to be done in
pursuance of the provisions of this Act, or the statutes or regulations made
thereunder.
36. The provisions of this Act, statutes and regulations made thereunder, Overriding effect.
shall have overriding effect notwithstanding anything inconsistent therewith
contained in any other State law or instrument having the force of law for the
time being in force. In case of any ambiguity the decision of the State Government
shall be final.
Power to remove 37. (1) If any difficulty arises in giving effect to the provisions of this
difficulties.
Act, the State Government may, by an order published in the Official Gazette,
make such provisions not inconsistent with the provisions of this Act, as may
appear to it to be necessary for removing the difficulty:
Provided that no order shall be made under this section, after
the expiry of a period of two years from the date of 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 Legislature.
Power to direct.
38. The State Government may from time to time issue such directions
as it deems necessary, to the University, and all such directions shall be binding
on the University.
S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.