PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
EXTRAORDINARY
Published by Authority
CHANDIGARH, THURSDAY, APRIL 1, 2021
(CHAITRA 11, 1943 SAKA)
LEGISLATIVE SUPPLEMENT
Contents Pages
Part - I Acts
1. The Punjab Excise (Amendment) Act, 2021.
(Punjab Act No. 7 of 2021).
.. 43-44
2. The Punjab Abadi Deh (Record of Rights)
Act, 2021. (Punjab Act No. 8 of 2021)
.. 45-58
3. The Sardar Beant Singh State University
Act, 2021. (Punjab Act No. 9 of 2021)
.. 59-78
4. The Shaheed Bhagat Singh State University
Act, 2021. (Punjab Act No. 10 of 2021)
.. 79-96
5. The Punjab Motor Vehicles Taxation
(Amendment) Act, 2021. (Punjab Act No. 11 of 2021)
.. 97-107
Part - II Ordinances
Nil
Part - III Delegated Legislation
Nil
Part - IV Correction Slips, Republications and
Replacements
Nil
______
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PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 1st April, 2021
No. 7-Leg./2021.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 24th day of March, 2021, is hereby published for general information:-
THE PUNJAB EXCISE (AMENDMENT) ACT, 2021
(Punjab Act No. 7 of 2021)
AN
ACT
further to amend the Punjab Excise Act, 1914.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
second Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Excise (Amendment) Act, 2021. 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 the Punjab Excise Act, 1914 (hereinafter referred to as the principal Act), in section 61, in sub-section (1),-
(i) after clause (c) and before the proviso, for the words "three years",
Amendment in section 61 of Punjab Act 1 of 1914.
the words "five years" shall be substituted; and
(ii) in the proviso, in item (v), for the words and sign "ten cases i.e.
Ninety", the words and sign "twenty-seven" shall be substituted.
3. In the principal Act, after section 61, the following section shall be inserted, namely:-
Insertion of new section 61-A in Punjab Act 1 of 1914.
"61-A (1). Whoever mixes or permits to be mixed with any liquor sold or manufactured or possessed by him any noxious Penalty for mixing or drug or any foreign ingredient likely to cause disability permitting to mix or grievous hurt or death to human beings, shall be with liquor any punishable – noxious drug.
(a) if as a result of such an act, death is caused, with death or imprisonment for life and shall also be liable to fine which may extend to twenty lakh rupees;
(b) if as a result of such an act, disability or grievous hurt is caused, with imprisonment for a term which shall not be less than six years but which may extend to imprisonment for life and with fine which may extend to ten lakh rupees;
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(c) if as a result of such an act, any other consequential injury is caused to any person, with imprisonment for a term which may extend to one year and with fine which may extend to five lakh rupees; and
(d) if as a result of such an act, no injury is caused, with imprisonment which may extend to six months and with fine which may extend to two lakh and fifty thousand rupees.
Explanation.- For the purpose of this section, the expression "grievous hurt" shall have the same meaning as in section 320 of the Indian Penal Code, 1860.
(2) (i) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the court, when passing an order under this Act, if it is satisfied that death or injury has been caused to any person due to consumption of liquor sold in any place, order the manufacturer and seller, whether or not he is convicted of an offence, to pay, by way of compensation, an amount not less than five lakh rupees to the legal representatives of each deceased or three lakh rupees to the person to whom grievous hurt has been caused, or fifty thousand rupees to the person for any other consequential injury:
Provided that where the liquor is sold in a licensed shop, the liability to pay the compensation under this section shall be on the licensee;
(ii) Any person aggrieved by an order under clause (i) may, prefer an appeal to the High Court within a period of ninety days from the date of receipt of certified copy of order:
Provided that no appeal can be filled by the accused unless the amount ordered to be paid under clause (i) is deposited by him in the court:
Provided further that the High Court may entertain appeal after the expiry of the said period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time."
4. In the principal Act, in section 63, for the words "one year" and "one thousand", the words "three years" and "ten thousand" shall respectively be substituted.
Amendment in section 63 of Punjab Act 1 of 1914.
S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
2265/4-2021/Pb. Govt. Press, S.A.S. Nagar
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PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 1st April, 2021
No. 8-Leg./2021.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 26th day of
March, 2021, is hereby published for general information:-
THE PUNJAB ABAD DEH (RECORD OF RIGHTS) ACT, 2021
(Punjab Act No. 8 of 2021)
AN
ACT
to provide for recording and resolving of proprietary rights of abadi
deh area in the revenue estates and for matters connected therewith or incidental
thereto.
WHEREAS, the abadi deh area in Punjab has remained without
recording of rights of the proprietors, preparation of record, or the marking of
boundaries by carrying out a survey. This has over the years resulted in disputes
about demarcation of boundaries and identification of rights in the dwelling and
other areas; besides causing hardship in the effective transfer of rights;
WHEREAS, the object of this Act is to identify, record and resolve
the existing rights of the proprietors within the abadi deh by a process of
ascertaining the person(s) best entitled to be recorded as proprietor; besides,
demarcating, delineating the boundaries and areas of each survey unit. It is to
create a presumption of truth in the records so prepared.
WHEREAS, the preparation of this record would provide for
development of the abadi deh that preserves the heritage of the village to the
extent possible, provide and upgrade civic services and environment in villages
to integrate them with planned urban development, enhance the land value by
improving the lay out and provide a road map for development norms for
villages in an easy and simple manner.
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BE it enacted by the Legislature of the State of Punjab in the Seventy-
second year of the Republic of India, as follows: -
CHAPTER 1
PRELIMINARY
1. (1) This Act may be called the Punjab Abadi deh (Record of
Rights) Act, 2021.
Short title, extent and commence- ment.
(2) It extends to the whole of the State of Punjab.
(3) It shall come into force with immediate effect:
Provided that it shall come into effect for the abadi deh area falling
within the limits of a municipal area on the date as may be notified in this
regard.
Definitions. 2. In this Act, unless the context otherwise requires, -
(a) "Abadi deh" means the site recorded as such in the Record
of Rights prepared and maintained under the Revenue Act,
which is not assessed to land revenue and includes such land
in a municipal area;
(b) "Appointed day" means the first day of January, 2021;
(c) "Assistant Recording and Resolution Officer" means a
Revenue Officer not below the rank of Naib-Tehsildar under
the Revenue Act or the Executive Officer of the municipal
body notified to perform functions under this Act;
(d) "Chief Recording and Resolution Officer" means the Collector
of the district under the Revenue Act, notified to perform
functions under this Act;
(e) "Commissioner" means the Commissioner of the division under
the Revenue Act, notified to perform functions under this Act;
(f) "Common area" means an area or building within the abadi
deh used for any common need, convenience or benefit of
the community and includes roads, paths,streets, public parks,
drains, public toilets, ponds and tanks, wells, water courses,
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public sittings and gatherings or for any such other purposes
used by the inhabitants, and any vacant site or plot not owned
by any person; but does not include a building or area which
houses an institution under the control of the Central or State
Government;
(g) "Financial Commissioner" means the Financial Commissioner,
Revenue in the Government notified to perform the functions
under this Act;
(h) "Government" means the Government of Punjab in the
Department of Revenue, Rehabilitation and Disaster
Management;
(i) "Municipal body" means a body constituted under the Punjab
Municipal Corporation Act, 1976 (Punjab Act No. 42 of 1976)
or the Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911);
(j) "Notification or notified" means a notification published by
the Government in the Official Gazette;
(k) "Panchayat" means a Gram Panchayat constituted under the
Punjab Panchayati Raj Act, 1994 (Punjab Act No. 9 of 1994);
(l) "Prescribed" means prescribed by rules made under this Act;
(m) "Proprietary right" means the right of ownership recorded in
the name of a person, panchayat, municipal body, Central or
State Government, juristic person or any other entity but does
not include the rights of a tenant, lessee, mortgagee or any
other right which does not confer ownership;
(n) "Recording and Resolution Officer" means a revenue officer
not below the rank of Sub-Divisional Magistrate notified to
perform functions under this Act;
(o) "Revenue Act" means the Punjab Land Revenue Act, 1887
(Punjab Act No. XVII of 1887);
(p) "Revenue Officer" means a revenue officer exercising the
powers under the Revenue Act;
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(q) "Survey Officer" means an officer appointed by the
Government to act and perform functions under this Act;
(r) "Survey unit" means the area within the abadi deh, to which
a survey number is assigned under this Act;
(s) "Village Committee" means the committee nominated in the
village or municipal area, as the case may be, by the Assistant
Recording and Resolution Officer, with its composition as
prescribed to identify the ownership of survey units and
common areas set apart for common purposes within the
abadi deh; and
(t) Words and expressions used in this Act but not defined herein,
have the meanings assigned to them under the Revenue Act.
CHAPTER II
OFFICERS AND POWERS
Officers. 3. (1) Subject to the provisions of this Act, there shall be the following
officers notified to perform the functions and exercise powers under this Act,
namely: -
(a) Financial Commissioner;
(b) Commissioner;
(c) Chief Recording and Resolution Officer;
(d) Recording and Resolution Officer;
(e) Assistant Recording and Resolution Officer; and
(f) Survey Officer.
(2) Subject to the provision of this Act, the officers mentioned in
clauses (b), (c), (d) and (e) of sub-section (1) shall have, for the purposes of
discharging their functions under this Act, the same powers as are vested in a
civil court under the Code of Civil Procedure, 1908, in respect of the following
matters, namely: -
(i) the summoning and enforcing the attendance of any person
and examining him;
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(ii) requiring the discovery and production of documents;
(iii) receiving evidence on affidavit;
(iv) subject to the provisions of sections 123 and 124 of the Indian
Evidence Act, 1872, requisitioning any public record or
document or copy of such record or document from any office;
and
(v) issuing commissions for the examination of witnesses or
documents.
4. (1) The superintendence and control over all officers in their
administrative functioning under this Act shall vest in the Financial
Commissioner, and all such officers shall be subordinate to him.
Superinten- dence and control of Officers.
(2) Subject to the superintendence and control of the Financial
Commissioner, the Chief Recording and Resolution Officer shall control all
other officers under this Act, in his district.
(3) Subject as aforesaid and to the control of the Chief Recording
and Resolution Officer, the Recording and Resolution Officer shall control all
other officers under this Act, in his sub-division.
CHAPTER III
SURVEY, MAPPING AND IDENTIFICATION
5. The Government may, by notification, specify any abadi deh in a
district, sub-division of a district, municipal area or a village as an area for the
Identification of abadi deh area.
purpose of identifying, recording and resolving the rights in each survey unit.
6. (1) The Government shall appoint a Survey Officer for each area Survey and mapping.
notified under section 5 to conduct a survey in the manner as may be prescribed.
(2) The Government, upon notifying areas of which the standing
record of rights within an abadi deh is to be prepared, shall itself or through a
notified agency get a survey conducted and mapping done of such area to
determine the boundary of the abadi deh, define the area and dimensions of
each survey unit, and assign a unique survey number to each such unit.
(3) The survey reports and maps prepared of the area shall be
submitted to the Assistant Recording and Resolution Officer for the purpose
of preparing the standing record of rights in the survey units.
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CHAPTER IV
STANDING RECORD OF RIGHTS AND ITS MAKING
7. There shall be a standing record of rights for each abadi deh area,
which shall comprise the following, namely: -
Standing record of rights.
(i) the record of proprietary rights of each survey unit prepared
under this Chapter;
(ii) the survey reports and maps prepared under Chapter III with
dimensions;
(iii) the record of proceedings of the meetings of the village
committee; and
(iv) such other document as may be prescribed or notified.
8. (1) The Assistant Recording and Resolution Officer, on his being
designated as such, shall constitute a village committee for identifying the
proprietary rights of the proprietors in the survey units.
Inquiry by the Assistant Recording and Resolution Officer.
(2) The Assistant Recording and Resolution Officer, in respect of
the abadi deh of which the standing record of rights is to be prepared, shall
inform the inhabitants of the area, in the manner prescribed, about the proposal
to prepare such record for each of the survey unit.
9. (1) The Assistant Recording and Resolution Officer, after
deliberations and consultations with the village committee and hearing the parties
Preparation of standing record of rights.
interested, shall, in a summary manner, and as may be prescribed, record the
proposed entries of proprietors and their proprietary rights and of the boundaries
of the survey unit in the standing record of rights, as on the appointed day.
(2) The entry of proprietor and his or its proprietary rights shall
be recorded by the Assistant Recording and Resolution Officer in the name of –
(i) the owner of the built up dwelling and residential areas including
its open or enclosed court yards, other vacant land and plots
of owners not being a common area, shops and other
establishments;
(ii) the panchayat and the municipal body for the common area,
vacant land or plot not owned by any person; and
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(iii) the Central, State Government, juristic person or other entity
in respect of the land or institutions owned by it.
(3) In the conduct of exercise under sub-sections (1) and (2) if a
survey unit is found to be sub-divided, which escaped the attention of the
Survey Officer, the Assistant Recording and Resolution Officer shall assign a
unique number to each such survey unit.
10. The survey map prepared by the Survey Officer under section 6 and Display of record.
the record of entries of proprietors in a survey unit prepared under section 9,
shall be displayed at a conspicuous place in the village and a copy thereof
supplied to the Panchayat through the Sarpanch of the village or the Chief
Executive of the municipal body, as the case may be, in the manner, as may be
prescribed.
11. (1) A person aggrieved by the demarcation of any boundary in
the survey record, or an entry regarding the proprietary rights in the standing
Raising of objections and decision.
record of rights in a survey unit, may, within ninety days from the date of
display of record under section 10, file objections about the correctness thereof
before the Assistant Recording and Resolution Officer.
(2) The Assistant Recording and Resolution Officer after hearing
the parties and perusing the record, if any, shall make necessary correction of
the boundaries in the survey map, and ascertain the person best entitled to be
recorded as the proprietor in the survey unit, and within sixty days of the
expiry of the period under sub-section (1), pass an order in this regard by
recording reasons.
Explanation. - The recording of the proprietary rights of a person in a
survey unit shall not be conclusive proof of ownership and shall be subject to
corrections and alterations in appeal or revision under this Act as also the
rights so determined by a judgment and order of a court of competent jurisdiction.
(3) An entry recorded in the standing record of rights under section
9, if no objection is filed within the period provided under sub-section (1), shall
be treated as final.
(4) The Assistant Recording and Resolution Officer shall thereafter
in the manner prescribed, publish the record as finalized, which shall incorporate
an order that may be passed under sub-section (2).
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(5) The standing record of rights finalized by the Assistant
Recording and Resolution Officer shall be amended or modified in the event of
an order passed under sub-section (4) is set aside, modified or reversed in
appeal, review or revision.
CHAPTER V
APPEAL, REVIEW AND REVISION
Appeals. 12. (1) Any person aggrieved by an order passed by the Assistant
Recording and Resolution Officer under section 11 may, within thirty days of
the passing of such order, file an appeal before the Recording and Resolution
Officer.
(2) The Recording and Resolution Officer after hearing the parties
interested and likely to be affected either accept the appeal or dismiss the
same by passing a reasoned order.
(3) Any person aggrieved by an order passed by the Recording
and Resolution Officer under sub-section (2) may, within thirty days of the
passing of such order, appeal to the Chief Recording and Resolution Officer,
who shall after hearing the parties interested and likely to be affected either
accept the appeal or dismiss the same by passing a reasoned order.
(4) Appeals under sub-sections (2) and (3) shall be decided by
the Recording and Resolution Officer and the Chief Recording and Resolution
Officer, as the case may be, within sixty days from the date the respondent
puts in appearance after notice or is proceeded against ex-parte unless for
reasons to be recorded in writing it is directed otherwise.
(5) An appellate authority shall not remand a case except where
it is established from the record that an adverse order has been passed against
a necessary party who was not duly served.
Review. 13. The Assistant Recording and Resolution Officer, the Recording and
Resolution Officer and the Chief Recording and Resolution Officer, may within
sixty days of the order sought to be reviewed either on their own motion or on
the application of a party interested, after notice to the party likely to be affected
and giving reasonable hearing, review, and on so reviewing, modify, reverse or
confirm any order passed by himself or his predecessor in office:
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Provided that -
(i) when an Assistant Recording and Resolution Officer finds it
necessary to review any order, he shall first obtain the sanction
of the Recording and Resolution Officer;
(ii) when a Recording and Resolution Officer finds it necessary
to review any order, he shall first obtain the sanction of the
Chief Recording and Resolution Officer;
(iii) when a Chief Recording and Resolution Officer finds it
necessary to review any order, he shall first obtain the sanction
of the Commissioner;
(iv) when any such order is modified or reversed on review by the
Assistant Recording and Resolution Officer, or the Recording
and Resolution Officer, an appeal shall lie against the order of
the Assistant Recording and Resolution Officer to the Recording
and Resolution Officer, and from the order of the Recording
and Resolution Officer to the Chief Recording and Resolution
Officer, and the order on such appeal shall be final;
(v) an order against which an appeal or revision has been preferred
shall not be reviewed; and
(vi) an appeal shall not lie from an order refusing or granting
permission to review or confirming on review a previous
order.
14. The Commissioner may, on an application of an aggrieved party, within
sixty days of an order being passed, call for and examine the records relating
Revision by Commis- sioner.
to any order passed or proceedings taken under this Act for the purpose of
satisfying himself as to the legality or propriety of such order or proceedings
and after hearing the affected parties, may pass such order in relation thereto
as he may deem fit and modify, reverse or confirm any order passed under this
Act.
15. An order of an officer passed under this Act shall be subject to a
decree or order which may be passed by a court of competent jurisdiction.
Decree or order of the court.
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CHAPTER VI
TRANSFER OF RECORD
16. After preparation and finalization of the standing record of rights of
the abadi deh area, it shall be attested by the Assistant Recording and Resolution
Officer and transferred to the District Collector for maintaining and revising it
Transfer of record to the District Collector.
under the Revenue Act.
17. The provisions of Chapter IV of the Revenue Act after transfer of the
record under section 16 shall apply mutatis mutandis to such record.
Application of Chapter IV of Revenue Act.
CHAPTER VII
PARTITION
18. A partition of survey units comprised in abadi deh may be allowed by
a Revenue Officer after the standing record-of- rights has been transferred,
Partition of survey units.
and only if the partition has been affirmed by all interested parties with a map
showing the proposed partition signed by all persons having proprietary rights:
Provided that the Revenue Officer after examining such of the co-
proprietors of the survey unit and other persons may, if he is of the opinion that
the survey unit is impartible or the partition is impractical and there is good and
sufficient cause why partition should be disallowed, refuse to partition the
survey unit by recording the grounds of his refusal.
19. An application for the partition of a survey unit, in the event of a
dispute, shall not lie before the Revenue Officer and the party aggrieved may
Disputes as to partition.
approach the civil court for partition.
CHAPTER VIII
MISCELLANEOUS
Summoning. 20. (1) A summons issued by an officer appointed under this Act
shall be served–
(i) personally, on the person to whom it is addressed, or failing him;
(ii) his recognized agent; or
(iii) an adult member of his family usually residing with him.
(2) A summons may also be served by pasting a copy thereof at
the usual or last known place of residence of the person to whom it is addressed.
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(3) A summons may, if an officer appointed under this Act so
directs, be served on the person named therein, either in addition to, or in
substitution for, any other mode of service, by forwarding the summons by
post in a letter addressed to the person and registered under Chapter VI of the
Indian Post Office Act, 1898 (Central Act VI of 1898), or sent through a
reputed courier agency notified by the Government in this regard.
(4) When a summons is so forwarded in a letter, and it is proved
that the letter was properly addressed and duly posted and registered, the
officer appointed under this Act may presume that the summons was served
at the time when receipt of its delivery is furnished:
Provided that in case of a letter sent through registered post, its delivery
may be presumed after thirty days if it is not received back undelivered within
this period.
(5) A summons may also be served on the person named therein
by publication of the contents thereof in a daily Punjabi newspaper having
wide circulation:
Provided that if the summons relates to a case in which persons having
the same interest are so numerous that personal service on all of them is not
reasonably practicable, it may, in the first instance and if the officer appointed
under this Act so directs, be served by delivery of a copy thereof to such of
those persons as the officer appointed under this Act nominates in this behalf,
and by publication of the contents thereof in a daily Punjabi newspaper having
wide circulation, for the information of the other persons interested.
(6) The summons may also be served through Short Message
Service, email, or through other electronic modes at the phone number or
e-mail address otherwise known or made known, to the officer appointed under
this Act:
Provided that if service is effected through any of the above modes, a
printout of the delivery of summons shall be placed on the record.
(7) A notice, order of proclamation or copy of any such document,
issued by an officer under this Act for service on any person shall be served in
the manner provided in this section for the service of a summons.
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(8) Any of the modes of service provided in sub-sections (2), (3),
(5) or (6) may be adopted simultaneously in addition to the mode of service
provided in sub-section (1).
21. Any entry made in a standing record-of-rights in accordance with the
provisions of this Act shall be presumed to be true until the contrary is proved
or a new entry is lawfully substituted therefor.
Presump- tion in favour of entries in the standing record of rights.
22. If any person considers himself aggrieved as to any right of which he
is in possession by an entry in a standing record-of-rights, he may institute a
suit for a declaration of his right under Chapter VI of the Specific Relief Act,
1963(Central Act No. 47 of 1963).
Suit for declaratory decree by persons aggrieved by an entry in a record.
23. The clerical or arithmetical mistakes in any order passed by any officer
Correction of clerical errors.
under this Act may, at any time be corrected by the authority concerned either
of its own motion or on the application of any of the parties and an intimation of
such correction shall be made to the parties free of any charges and also to the
concerned officer for its implementation.
24. No suit, prosecution or other legal proceedings shall lie against any
officer under this Act or any official acting under the directions of such officer,
Protection of action taken in good faith.
for anything which is in good faith done or intended to be done under the
provisions of this Act or any rule made thereunder.
25. (1) If any difficulty arises in giving effect to the provisions of this
Act, the Government may, by order published in the Official Gazette, make
Power to remove difficulties.
such provision, not inconsistent with the provisions of this Act as appear to it to
be necessary or expedient for removing the difficulty:
Provided that no such order shall be made 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, as soon as may be,
after it is made, be laid before the State Legislature.
26. Except as otherwise provided in this Act, no civil court shall entertain
any suit instituted or application made to obtain a decision or order in respect
Exclusion of jurisdiction of civil courts.
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to determine or dispose of.
27. The officers under this Act and any person acting under their orders
may, in the discharge of any duty under this Act, enter upon and survey land in
the manner prescribed, put and erect survey marks thereon and demarcate the
boundaries thereof and do all other such acts necessary for the proper
performance of that duty.
Powers of officers to enter upon land, dwelling and habitation areas, survey units for the purposes of survey and demarcation.
28. (1) If any person willfully destroys, dismantles or without lawful
authority removes a survey or demarcation mark lawfully erected or put, he
may be ordered by the Recording and Resolution Officer to pay such fine not
exceeding rupees one thousand for each mark so destroyed, dismantled or
Penalty for destruction, dismantling or removal of survey marks and demarcation.
removed, as may, in the opinion of that officer, be necessary to defray the
expenses of restoring the same and rewarding the person, if any, who gave
information of the destruction, dismantling or removal.
(2) The amount of fine levied under sub-section (1), if not paid in
the manner prescribed, shall be recoverable as arrears of land revenue under
the Revenue Act.
(3) The imposition of a fine under this section shall not bar a
prosecution under section 434 of the Indian Penal Code, 1860 (Central Act
No. 45 of 1860); or prosecution of the offender under any other law for the
time being in force.
29. (1) The Government may, by notification, in the Official Gazette,
make rules for carrying out the purposes of this Act.
Power of the Government to make rules.
(2) In particular, and without prejudice to the generality of the
foregoing powers, such rules may provide for all or any of the following matters
under this Act, namely: -
(a) the composition and members of the village committee;
(b) the appointment or nomination of officers under this Act for
carrying out its intent and purpose;
(c) the documents to be comprised in the standing record of rights;
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(d) the manner in which the standing records of rights is to be
prepared, displayed and published;
(e) the procedure for the transfer of the standing records-of-rights
prepared under this Act to the revenue authorities under the
Revenue Act;
(f) the procedure for the imposition and deposit of fine imposed
by the Recording and Resolution Officer for willfully destroying,
dismantling or without lawful authority removing a survey
demarcation mark;
(g) the forms for the service of summons, display, publication,
preparation and maintenance of records under this Act;
(h) the manner in which boundaries of all or any survey unit are
to be demarcated and the survey marks to be erected thereon;
(i) for issuing of copies and certified copies, including digitized
copies of record, order and documents prepared and
maintained under this Act and the rules made thereunder; and
(j) any other matter for giving effect to the provisions of this Act,
or may be prescribed under this Act.
S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
2265/4-2021/Pb. Govt. Press, S.A.S. Nagar
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PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 1st April, 2021
No. 9-Leg./2021.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 26th day of
March, 2021, is hereby published for general information:-
THE SARDAR BEANT SINGH STATE UNIVERSITY ACT, 2021
(Punjab Act No. 9 of 2021)
AN
ACT
to provide for the establishment and incorporation of a University for
the advancement of education and development thereof in the State of Punjab
and for the matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
second Year of the Republic of India as follows:-
1. (1) This Act may be called the Sardar Beant Singh State University
Act, 2021.
Short title and commence- ment.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
Definitions.
2. In this Act, unless the context otherwise requires,-
(a) "Academic Council" means the Academic Council of the
University;
(b) "authorities" means the authorities of the University;
(c) "Board" means the Board of Governors of the University;
(d) "Board of Studies" means the Board of Studies of the University;
(e) "campus" means the campus of the Beant College of
Engineering and Technology as on the date of coming into
force of this Act;
(f) "Chancellor" means the Chancellor of the University;
(g) "Chairman" means the Chairman of the Board;
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(h) "employee" means any person appointed by the University,
and includes teachers and other academic staff of the
University;
(i) "Finance Committee" means the Finance Committee of the
University;
(j) "Planning Board" means the Planning Board of the
University;
(k) "Registrar" means the Registrar of the University;
(l) "regulations" means the regulations of the University made
under this Act;
(m) "School" means a School of Studies of the University;
(n) "State Government" means the Government of the State of
Punjab;
(o) "student" 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 Sardar Beant Singh State University
established under this Act; and
(r) "Vice-Chancellor" means the Vice-Chancellor of the
University.
3. (1) There shall be established a University by the name of the
Sardar Beant Singh State University.
Establishment and incorpora- tion of the University.
(2) The headquarter of the University shall be at Gurdaspur.
(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 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
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the name of the Sardar Beant Singh State University.
(4) The University shall have perpetual succession and a common
seal and shall sue and be sued by the said name.
4. The University shall perform the following functions, namely:-
(a) to make provisions for providing, upgrading and promoting
Powers and functions of the University.
technical education and training and research in Technical
Education and to create entrepreneurship and a conducive
environment for the pursuit of the technical education in close
cooperation with the industry;
(b) to generate and maintain resources through consultancy
services, testing services, continuing education programmes,
national and international collaborations and transfer of
intellectual property rights;
(c) to institute and confer degrees, diplomas, certificates and other
academic distinctions;
(d) to hold examinations and to grant and confer degrees, diplomas,
certificates and other distinctions to and on persons who,-
(i) shall have pursued a course of study in the University
and shall have passed the examinations prescribed
by the University; and
(ii) shall have carried on research under conditions
prescribed by the regulations;
(e) to confer honorary degrees in the manner laid down by the
regulations;
(f) to institute Professorships, Associate Professorships, Assistant
Professorships and any other teaching posts required by the
University and to appoint persons to such Professorships,
Associate Professorships, Assistant Professorships and other
posts;
(g) to institute and award fellowships, scholarships, studentships, 62
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exhibitions and prizes in accordance with the provisions of the
regulations;
(h) to institute and maintain Halls and Hostels;
(i) to supervise and control the residence and discipline of the
students of the University and to make arrangement for
promoting their health and general welfare;
(j) to organise laboratories, libraries, museums and to provide
such other equipment for teaching and research as is required;
(k) to demand and receive such fees and other charges as may
be prescribed by regulations;
(l) to hold and manage trusts and endowments which may be
created in favour of the University;
(m) to institute and manage,-
(i) Printing and Publication Departments;
(ii) University Extension Boards;
(iii) Information Bureau; and
(iv) Employment Bureau;
(n) to make special provisions for the spread of technical education
amongst classes and communities which are educationally
backward;
(o) to make provisions for,-
(i) the maintenance of National Cadet Corps or other
similar organizations;
(ii) physical and military training; and
(iii) sports and athletic clubs;
(p) to create administrative, ministerial and other necessary posts
and make appointments thereto;
(q) to receive gifts, donations or benefactions from the State
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bequests, donations and transfer of moveable or immovable
property from testators, donors or transferors, as the case
may be; and
(r) to do all such other acts whether incidental to the powers
aforesaid or not, as may be required in order to further the
objects of the University.
5. The University shall exercise its jurisdiction within its campus.
Jurisdiction.
6. (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
University open to all classes, castes and creeds.
to adopt or impose on any person any test whatsoever of religious belief or
profession in order to entitle him to hold any post or any other office in the
University or be 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.
7. The following shall be the officers of the University, namely:-
Officers of the University.
(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.
Chancellor.
8. The Governor of Punjab shall be the Chancellor of the University.
9. (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:
Appointment , powers, duties, conditions of service and removal of the Vice- Chancellor.
Provided that the first Vice-Chancellor shall be appointed for a period
of three years by the State Government.
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(2) The Vice-Chancellor shall hold office 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 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 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 office of the Vice-Chancellor becomes vacant
due to death, resignation, expiry of term, 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.
(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.
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(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 the Chairman
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.
10. (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
Appoint- ment, powers, duties and conditions of service of the Registrar.
such, as may be determined by the Board.
(3) The Registrar shall be the ex-officio Secretary of the Board
and the Academic Council.
(4) It shall be the duty of the Registrar to,-
(a) be custodian of the records, common seal and such
other property of the University, as the Board may
commit to his charge;
(b) keep the minutes of all meetings of the Board and the
Academic Council;
(c) conduct the official correspondence of the Board and
the Academic Council;
(d) arrange for and superintend the examination of the
University;
(e) supply to the Chancellor, copies of the agenda of the 66
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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
(f) perform such other duties, as may from time to time,
be assigned to him by the Vice-Chancellor or the
Board.
11. (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
Appointment, powers, duties of the officers and their terms of office etc.
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 also be provided for by the
regulations, in so far as they are not provided herein.
12. The following shall be the authorities of the University, namely:-
Authorities of the University.
(a) the Board of Governors;
(b) the Academic Council;
(c) the Faculties;
(d) the Board of Studies;
(e) the Planning Board;
(f) the Finance Committee; and
(g) such other authorities, as may be declared by regulations to
be the authorities of the University.
13. (1) The Board shall consist of a Chairman, twelve ex-officio
Board of Governors.
members (including the Vice-Chairman) and six nominated members.
(2) The Minister-in-Charge of the Department of Technical
Education and Industrial Training, Punjab shall be the Chairman.
(3) The Administrative Secretary to Government of Punjab,
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Chairman. In the absence of the Chairman, the Vice -Chairman shall act as
Chairman.
(4) (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.
(5) (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; and
(iii) two heads of the departments by rotation from
amongst the heads of the departments of the
University.
(b) The following shall be the Ex-officio members,
namely:-
(i) Vice-Chancellor, the Sardar Beant Singh
State University;
(ii) Vice-Chancellor, the IK Gujral Punjab
Technical University;
(iii) Administrative Secretary to Government of
Punjab, Department of Higher Education;
(iv) Administrative Secretary to Government of
Punjab, Department of Finance;
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(v) Member of the Punjab Legislative Assembly
from Gurdaspur assembly constituency;
(vi) Member of the Punjab Legislative Assembly
from Dinanagar assembly constituency;
(vii) Director, Indian Institute of Management,
Amritsar;
(viii) Director, Indian Institute of Technology,
Ropar;
(ix) Vice-Chairman, University Grants
Commission, New Delhi or his nominee;
(x) President of the Confederation of Indian
Industry or his nominee; and
(xi) President of the PHD Chamber of
Commerce and Industries or his nominee.
(6) When a vacancy occurs in the Board due to the resignation or
death of a member or otherwise, the same shall be filled in the manner provided
in sub-section 5:
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.
(7) 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/Centres/Schools/Boards of
Studies for running various academic programmes;
(e) to create posts of faculty and staff positions in the
University;
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(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
(l) to approve the performance of works and services
on contract.
(8) 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 the University during the previous year together
with the statement of the receipts and expenditure, the balance sheet and
financial estimates shall be presented.
(9) Special meeting of the Board may be convened by the
Chairman as and when necessary.
(10) 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 clause (b) of sub-section (5) of this
section, shall be entitled to any salary.
(11) Six members, including the Chairman, shall constitute a quorum
at any meeting of the Board.
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(12) In case of difference of opinion amongst the members, the
opinion of the majority shall prevail.
(13) 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, have the power to
exercise a casting vote.
(14) Every meeting of the Board shall be presided over by the
Chairman and, in his absence the Vice-Chairman shall preside over the meeting.
(15) 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
effective 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.
14. (1) The Academic Council shall be the Academic Body of the
Academic Council.
University and shall, subject to the provisions of this Act and 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 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 : Members
Departments/ Schools of
the University;
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(iv) the Principals of three : Members
colleges situatedin the State
to be nominated by the Board;
(v) Director, Indian Institute : Member
of Technology, Ropar (Punjab);
(vi) Director, Department of : Member
Technical Education and
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.
15. (1) The Planning Board shall consist of,-
Planning Board.
(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 and Industrial
Training or his nominee;
(e) the Director, Department of Technical Education and
Industrial Training or his nominee;
(f) not more than ten persons of high standing in public
life, education and industry who shall be appointed by
the State Government; and
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(g) the Registrar shall be the Secretary to the Planning
Board.
(2) The recommendations of the Planning Board shall be
implemented after they are approved by the appropriate authorities of the
University.
(3) The Planning Board shall advise on the planning and
development of the University, particularly in respect of the standard of education
and research in the University.
16. (1) The Finance Committee shall consist of the following members,
Finance Committee.
namely:-
(i) Vice- Chancellor;
: Chairman
(ii) Administrative Secretary to : Member
Government of Punjab,
Department of Finance;
(iii) Administrative Secretary to : Member
Government of Punjab, Department
of Technical Education and Industrial
Training;
(iv) Director, Department of Technical : Member
Education and Industrial Training,
Punjab; and
(v) Registrar.
: Member-
Secretary
(2) The Finance Committee shall advise the Board on all financial
matters.
(3) All matters having financial implications shall firstly be approved
by the Finance Committee and only thereafter, be placed before the Board of
Governors, for consideration.
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17. 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 for by the regulations.
Powers and duties of the authorities of the University.
18. (1) The first regulations of the University shall be made by the
State Government and shall be notified in the Official Gazette.
Making, amendment, repeal and operations of regulations.
(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 shall require the approval of the State Government, which
may approve, disallow or remit it to the Board for further consideration.
Regulations.
19. Subject to the provisions of this Act, the regulations may provide for
all or 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;
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(f) the establishment and constitution of faculties, departments,
halls, hostels, centres and schools;
(g) the conditions under which 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 the 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 amongst the students at the
University;
(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 schools, and centres founded or maintained
by the University;
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(r) the supervision and inspection of schools and centres admitted
to the privileges of the University; and
(s) all other matters, which by this Act are or may be provided
for by the regulations.
20. (1) The authorities may make sub-regulations consistent with this Sub- regulations.
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.
21. The State Government may, from time to time, provide such amounts Corpus of Funds.
by way of grants for meeting the capital, recurring or other expenditure of the
University, as it may deem fit.
22. The Annual report of the University shall be prepared and shall be Annual report.
submitted to the Board for approval at its annual meeting on or before such
date, as may be prescribed by regulations.
23. The accounts of the income and expenditure of the University shall be Annual account.
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.
24. 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:-
(a) vacancy or defect in the constitution of the authority or body;
Acts or proceedings of authorities and bodies not invali- dated by vacancies.
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(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.
25. 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
Disputes about constitution of authorities and bodies.
final.
26. (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
Powers of the State Government.
any act done by the University in contravention with the provisions of this Act
or the regulations made thereunder.
(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 inquiry into the affairs of the University by such authority or person as it
may specify, to satisfy about the proper and effective 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 inquiry referred to in sub-section (4).
(6) On receipt of the report of inspection or inquiry referred to in sub-
section (4), the State Government may examine the same and give such 77
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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
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.
27. 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.
Communica- tion of resolution to the State Government.
28. If in the opinion of the State Government, resolution of the University
is not in public interest, or is not in conformity with the provisions of this Act or
the regulations made thereunder, it may, by an order in writing, suspend the
implementation of such resolution:
Powers of the State Government to suspend or cancel the resolution of the Univer- sity.
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.
29. The State Government may issue such directions to the University, as
in its opinion are necessary or expedient for carrying out the purposes of the
State Government to give directions.
Act or regulations made thereunder or in public interest, and the University
shall be bound to comply with all such directions.
30. 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
Power of the State Government to remove difficulties.
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 78
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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.
2265/4-2021/Pb. Govt. Press, S.A.S. Nagar
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PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 1st April, 2021
No. 10-Leg./2021.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 26th day of
March, 2021, is hereby published for general information:-
THE SHAHEED BHAGAT SINGH STATE UNIVERSITY ACT, 2021
(Punjab Act No. 10 of 2021)
AN
ACT
to provide for the establishment and incorporation of a University for
the advancement of education and development thereof in the State of Punjab
and for the matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
second Year of the Republic of India as follows:-
1. (1) This Act may be called The Shaheed Bhagat Singh State University
Act, 2021.
(2) It shall come into force on and with effect from the date of its
Short title and commence- ment.
publication in the Official Gazette.
2. In this Act, unless the context otherwise requires,-
Definitions.
(a) "Academic Council" means the Academic Council of the University;
(b) "authorities" means the authorities of the University;
(c) "Board" means the Board of Governors of the University;
(d) "Board of Studies" means the Board of Studies of the
University;
(e) "campus" means the campus of the Shaheed Bhagat Singh
State Technical Campus as on date of coming into force of
this Act;
(f) "Chancellor" means the Chancellor of the University;
(g) "Chairman" means the Chairman of the Board;
(h) "employee" means any person appointed by the University
and includes teachers and other academic staff of the
University;
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(i) "Finance Committee" means the Finance Committee of the
University;
(j) "Planning Board" means the Planning Board of the University;
(k) "Registrar" means the Registrar of the University;
(l) "regulations" means the regulations of the University made
under this Act;
(m) "School" means a School of Studies of the University;
(n) "State Government" means the Government of the State of
Punjab;
(o) "student" 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 instructions in the
University or for giving guidance or rendering assistance to
the students for pursuing any course of study of the University;
(q) "University" means the Shaheed Bhagat Singh State
University established under this Act; and
(r) "Vice-Chancellor" means the Vice-Chancellor of the University.
3. (1) There shall be established a University by the name of the
Shaheed Bhagat Singh State University.
Establishment and incorpo- ration of the University.
(2) The headquarter of the University shall be at Ferozpur.
(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 the Shaheed Bhagat Singh State University.
(4) The University shall have perpetual succession and a common
seal and shall sue and be sued by the said name.
4. The University shall perform the following functions, namely:-
(a) to make provisions for providing, upgrading and promoting
Powers and functions of the University.
technical education and training and research in Technical
Education and to create entrepreneurship and a conducive PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
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environment for the pursuit of the technical education in close
co-operation with the industry;
(b) to generate and maintain resources through consultancy
services, testing services, continuing education programmes,
national and international collaborations and transfer of
intellectual property rights;
(c) to institute and confer degrees, diplomas, certificates and other
academic distinctions;
(d) to hold examinations and to grant and confer degrees, diplomas,
certificates and other distinctions to and on persons who,-
(i) shall have pursued a course of study in the University
and shall have passed the examinations prescribed by
the University; and
(ii) shall have carried on research under the conditions
prescribed by the regulations;
(e) to confer honorary degrees in the manner laid down by the
regulations;
(f) to institute Professorships, Associate Professorships, Assistant
Professorships and any other teaching posts required by the
University and to appoint persons to such Professorships,
Associate Professorships, Assistant Professorships and other
posts;
(g) to institute and award fellowships, scholarships, studentships,
exhibitions and prizes in accordance with the provisions of the
regulations;
(h) to institute and maintain Halls and Hostels;
(i) to supervise and control the residence and discipline of the
students of the University and to make arrangement for
promoting their health and general welfare;
(j) to organise laboratories, libraries, museums and to provide
such other equipment for teaching and research as is required;
(k) to demand and receive such fees and other charges as may
be prescribed by regulations;
(l) to hold and manage trusts and endowments which may be 82
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created in favour of the University;
(m) to institute and manage,-
(i) Printing and Publication Departments;
(ii) University Extension Boards;
(iii) Information Bureau ;and
(iv) Employment Bureau;
(n) to make special provisions for the spread of technical education
amongst classes and communities which are educationally
backward;
(o) to make provisions for,-
(i) the maintenance of National Cadet Corporations or
other similar organizations;
(ii) physical and military training; and
(iii) sports and athletic clubs;
(p) to create administrative, ministerial and other necessary posts
and make appointments thereto;
(q) to receive gifts, donations or benefactions from the State
Government or the Central Government and to receive
bequests, donations and transfer of movable or immovable
property from testators, donors or transferors, as the case
may be; and
(r) to do all such other acts whether incidental to the powers
aforesaid or not, as may be required in order to further the
objects of the University.
Jurisdiction. 5. The University shall exercise its jurisdiction within its campus.
6. (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
University open to all classes, castes and creeds.
or impose on any person any test whatsoever of religious belief or profession
in order to entitle him to hold any post or any other office in the University or
be 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
for 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, PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
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of persons belonging to the Scheduled Castes or Scheduled Tribes.
7. The following shall be the officers of the University, namely:-
Officers of the University.
(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.
8. The Governor of Punjab shall be the Chancellor of the University. Chancellor.
9. (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
Appointment, powers, duties, conditions of service and removal of the Vice-Chancellor.
of three years by the State Government.
(2) The Vice-Chancellor shall hold office for a term of three years,
which may be extended 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 clause (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 of the Act:
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 office of the Vice-Chancellor becomes vacant due to
death, resignation, expiry of term, 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.
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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 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.
10. (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.
Appointment, powers, duties and conditions of service of the Registrar.
(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 the ex-officio Secretary of the Board
and the Academic Council.
(4) It shall be the duty of the Registrar to,-
(a) be custodian of the records, common seal and such
other property of the University as the Board may
commit to his charge;
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(b) keep the minutes of all meetings of the Board and
the Academic Council;
(c) conduct the official correspondence of the Board and
the Academic Council;
(d) arrange for and superintend the examination of the
University;
(e) 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
(f) perform such other duties as may from time to time,
be assigned to him by the Vice-Chancellor or the
Board.
11. (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
Appointment, powers, duties of the officers and their terms of office etc. 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 also be provided by regulations, in
so far as they are not provided herein.
12. The following shall be the authorities of the University, namely:- Authorities of the University.
(a) the Board of Governors;
(b) the Academic Council;
(c) the Faculties;
(d) the Board of Studies;
(e) the Planning Board;
(f) the Finance Committee; and
(g) such other authorities, as may be declared by the regulations.
13. (1) The Board shall consist of a Chairman, twelve ex-officio Board of Governors.
members (including the Vice-Chairman) and six nominated members.
(2) The Minister In-Charge of the Department of Technical Education
and Industrial Training, Punjab shall be the Chairman.
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(3) The Administrative Secretary to Government of Punjab, Department
of Technical Education and Industrial Training shall be Vice-Chairman. In the
absence of the Chairman, the Vice-Chairman shall act as Chairman.
(4) (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.
(5) (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; and
(iii) two heads of the department by rotation from
amongst the heads of the departments of the
University.
(b) The following shall be the ex-officio members,
namely:-
(i) Vice-Chancellor, the Shaheed Bhagat Singh
State University;
(ii) Vice-Chancellor, the Maharaja Ranjit Singh
Punjab Technical University;
(iii) Administrative Secretary to Government of
Punjab, Department of Higher Education;
(iv) Administrative Secretary to Government of
Punjab, Department of Finance;
(v) Member of the Punjab Legislative Assembly
from Ferozpur (Urban) assembly
constituency;
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(vi) Member of the Punjab Legislative Assembly
from Ferozpur (Rural) assembly constituency;
(vii) Director, Indian Institute of Management,
Amritsar;
(viii) Director, Indian Institute of Technology,
Ropar;
(ix) Vice-Chairman, University Grants
Commission, New Delhi or his nominee;
(x) President of the Confederation of Indian
Industry or his nominee; and
(xi) President of the Progress, Harmony and
Development Chamber of Commerce and
Industries or his nominee.
(6) When a vacancy occurs in the Board due to the resignation or
death of a member or otherwise, the same shall be filled in the manner provided
in sub-section 5:
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.
(7) 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/Centres/Schools/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, 88
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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
(l) to approve the performance of works and services
on contract.
(8) 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 the University during the previous year together
with the statement of the receipts and expenditure, the balance sheet and
financial estimates shall be presented.
(9) Special meeting of the Board may be convened by the
Chairman as and when necessary.
(10) The members of the Board shall be entitled to such allowances,
if any, and the sitting fees 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 clause (b) of sub-section 5 shall be
entitled to any salary.
(11) Six members, including the Chairman, shall constitute a quorum
at any meeting of the Board.
(12) In case of difference of opinion amongst the members, the
opinion of the majority shall prevail.
(13) 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, have the power to exercise a
casting vote.
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(14) Every meeting of the Board shall generally be presided over
by the Chairman and, in his absence, the Vice-Chairman shall preside over the
meeting.
(15) 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 effective 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.
14. (1) The Academic Council shall be the academic body of the Academic Council.
University and shall, subject to the provisions of this Act and 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 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 three colleges : Members
situated in the State to be nominated
by Board;
(v) Director, Indian Institute of : Member
Technology, Ropar (Punjab);
(vi) Director, Department of Technical : Member
Education and Industrial Training,
Punjab;
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(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.
15. (1) The Planning Board shall consist of,-
Planning Board.
(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 and Industrial Training or
his nominee;
(e) the Director, Department of Technical Education and Industrial
Training or his nominee;
(f) not more than ten persons of high standing in public life,
education and industry who shall be appointed by the State
Government; and
(g) The Registrar shall be the Secretary to the Planning Board.
(2) The recommendations of the Planning Board shall be
implemented after they are approved by the appropriate authorities of the
University.
(3) The Planning Board shall advise on the planning and
development of the University, particularly in respect of the standard of education
and research in the University.
16. (1) The Finance Committee shall consist of the following
Finance Committee.
members, namely:-
(i) Vice- Chancellor;
: Chairman PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
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(ii) Administrative Secretary to : Member
Government of Punjab,
Department of Finance;
(iii) Administrative Secretary to : Member
Government of Punjab,
Department of Technical
Education and Industrial
Training;
(iv) Director, Department of Technical : Member
Education and Industrial Training
Punjab; and
(v) Registrar.
: Member
Secretary
(2) The Finance Committee shall advise the Board on all financial
matters.
(3) All matters having financial implications shall firstly be approved
by the Finance Committee and only thereafter, be placed before the Board of
Governors, for consideration.
17. 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 for by the regulations.
Powers and duties of the authorities of the Univer- sity.
18. (1) The first regulations of the University shall be made by the
State Government and shall be notified in the Official Gazette.
(2) The Board may, from time to time, make new or additional
Making amendment, repeal and operations of regulations.
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 92
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regulation shall require the approval of State Government, which may approve,
disallow or remit it to the Board for further consideration.
Regulations. 19. Subject to the provisions of this Act, the regulations may provide for
all or 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, 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 the courses of study in the University
and for admission to the examinations, degrees, diplomas and
certificates of the University;
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(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 amongst the students at the
University;
(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 schools and centres founded or maintained
by the University;
(r) the supervision and inspection of 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.
20. (1) The authorities may make sub-regulations consistent with Sub- regulations.
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.
21. The State Government may, from time to time, provide such amounts Corpus of Funds.
by way of grants for meeting the capital, recurring or other expenditure of the
University, as it may deem fit.
22. The annual report of the University shall be prepared and shall be Annual report.
submitted to the Board for approval at its annual meeting on or before such
date, as may be prescribed by regulations.
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23. The accounts of the income and expenditure of the University shall be
Annual account.
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.
24. 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:-
(a) vacancy or defect in the constitution of the authority or body;
Acts or proceedings of authorities and bodies not invali- dated by vacancies.
(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.
25. 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
Disputes about constitution of authorities and bodies.
final.
26. (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
Powers of the State Govern- ment.
any act done by the University in contravention with the provisions of this Act
or the regulations made thereunder.
(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 effective functioning
of the University and also upon any matter connected with the administration
and finances of the University.
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
95
(CHTR 11, 1943 SAKA)
(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
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.
27. Every resolution passed by the University shall be communicated to
the State Government within a period of thirty days from the date of passing
Communication of resolution to the State Government. of such resolution.
28. If in the opinion of the State Government, resolution of the University
is not in public interest, or is not in conformity with the provisions of this Act or
the regulations made thereunder, it may, by an order in writing, suspend the
implementation of such resolution:
Powers of the State Government to suspend or cancel the resolution of the University.
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.
29. The State Government may issue such directions to the University,
as in its opinion are necessary or expedient for carrying out the purposes of the
State Govern- ment to give directions.
Act or regulations made thereunder or in public interest, and the University
shall be bound to comply with all such directions.
30. If any difficulty arises with respect to the establishment of the
University or in connection with the first meeting of any authority of the
Power of the State Govern- ment to remove difficulties.
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 96
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
(CHTR 11, 1943 SAKA)
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.
2265/4-2021/Pb. Govt. Press, S.A.S. Nagar
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
97
(CHTR 11, 1943 SAKA)
PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 1st April, 2021
No. 11-Leg./2021.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 27th day of March, 2021, is hereby published for general information:-
THE PUNJAB MOTOR VEHICLES TAXATION (AMENDMENT)
ACT, 2021
(Punjab Act No. 11 of 2021)
AN
ACT
further to amend the Punjab Motor Vehicles Taxation Act, 1924.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
second Year of the Republic of India as follows: -
1. (1) This Act may be called the Punjab Motor Vehicles Taxation (Amendment) Act, 2021.
(2) It shall come into force on and with effect from the date of its
Short title and commence- ment.
publication in the Official Gazette.
2. In the Punjab Motor Vehicles Taxation Act, 1924 (hereinafter referred to as the principal Act), for section 3, the following section shall be substituted, namely:-
Substitu- tion of section 3 of Punjab Act 4 of 1924.
" 3. (1) (a) Subject to the provisions of this Act, a tax shall be levied and collected on all motor vehicles used or kept for use in the State of Imposition of Tax. Punjab, at such rates, in such a manner as may be specified by the Government, by notification, from time to time:
Provided that where an owner of a motor car or a motor cycle in respect of which, a tax has been paid in lump sum, ceases to be the resident of the State of Punjab and takes alongwith him, such motor car or motor cycle, or if the ownership of the motor car or motor cycle is transferred to a person having residence outside the State of Punjab, then, refund of the lump sum tax so paid, shall be allowed at such rates, as may be determined by the Government, from time to time.
(b) In case a transport vehicle is registered in a State other than the State of Punjab, such a vehicle shall become liable for paying tax, the moment it enters within the State of Punjab at such rates, as may be determined by the Government, from time to time.
(2) At the time of issuance of new stage carriage permit of buses, one time tax per kilometer shall be leviable at such rates, as may be specified PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
98
(CHTR 11, 1943 SAKA)
by the Government, by notification, from time to time:
Provided that if a big bus holder is allowed to ply on extended route with the increased mileage, then, in that case, the amount of one time tax per kilometer referred above shall be leviable additionally for the extended route.
(3) The notifications issued under sub-sections (1) and (2) shall specify the type of motor vehicles, the periods and the manner, in which, the tax shall be levied:
Provided that the rates of tax shall not exceed the maximum limit as has been specified in the Schedule.
(4) The owner or driver of the transport vehicle shall be liable to pay tax under clause (b) of sub-section (1) at the Tax Collection Centre established under the control of an officer of the Department of Transport or any agency, firm or company, which is entrusted to collect tax on behalf of the Government through auction, subject to such terms and conditions as may be specified in the Agreement to be executed between the Government and such agency, firm or company, as the case may be.".
3. In the principal Act, for the existing Schedule, the following Schedule shall be substituted, namely:-
Substitution of Schedule of Punjab Act 4 of 1924.
"SCHEDULE
(See section 3)
Serial Category of Motor Vehicles Maximum rate of tax Number
1. Non-Transport Vehicles
New Registration
(i) Motor Cycle, Motor Car Twenty per cent of the value
and Adapted Carriage of the motor cycle, motor car
or Adapted Carriage (in lump
sum)
(ii) Excavator, Loader,
Backhoe, Compactor
Roller, Road Roller,
Dumper, Motor Grader,
Mobile Crane, Dozer, Fork
Lift Truck, Self-Loading
Concrete Mixer or any
other construction PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
99
(CHTR 11, 1943 SAKA)
equipment vehicle, Camper Van or Trailer for private use, Vehicles or Trailers fitted with equipments like rig, generator, compressor etc., Crane Mounted Vehicle, Tow Truck, Brake- down Van, Recovery Vehicles, Tower Wagon and Tree Trimming Vehicles or any other non-transport vehicles not covered under any category-
(a) purchased as chassis
(b) purchased with complete body
Re-registration or Re-assignment
(i) In case of re-registration or re-assignment of motor cycle or motor car-
(a) less than three years
(b) three years or more but less than six years Fifty per cent of the cost of chassis, subject to the maximum of rupees ten lakh (in lump sum)
Forty per cent of the cost of complete body, subject to the maximum of rupees ten lakh (in lump sum)
Rate of tax in lump sum
Ninty-five per cent of the tax of new motor cycle or motor car
Seventy-five per cent of the tax of new motor cycle or motor car PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
100
(CHTR 11, 1943 SAKA)
(c) six years or more but less Fifty-five per cent of the tax of
than nine years
new motor cycle or motor car
Thirty-five per cent of the tax
(d) nine years or more
of new motor cycle or motor
car
The Motor Vehicle Tax shall be
(ii) Vehicles disposed of by
arrived at by reducing the
various Government
amount of tax at the rate of five
Departments or
per cent per financial year or
Government Agencies on
part thereof upto ten years
which lump sum tax have
from the date of registration, but
not been paid earlier
amount of lump sum tax shall
not exceed rupees seventy-five
thousand after the period of ten
years.
2. (i) Transport Vehicles Contract
Carriage including Tourists or
All India Tourists Permit
Vehicles (Motor Cab or Maxi
Cab or Tourist Buses etc.)
(a) Auto Rickshaws (Three Rupees ten thousand per seat
Wheeler) having capcity per annum or twenty per
upto 6+1 seats
cent of the value of Auto rick-
shaw or both
(b) Motor Vehicles having Rupees ten thousand per seat
capacity upto 6+1 seats per annum or twenty per cent
of the value of vehicle or both
(c) Motor vehicles having Rupees fifteen thousand per
capacity more than 6+1 seat per annum or twenty per
seats and upto 12+1 seats cent of the value of vehicle or
both PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
101
(CHTR 11, 1943 SAKA)
(d) Motor Vehicles having capacity Rupees twenty thousand per
more than 12+1 seats seat per annum or twenty
percent of the value of vehicle
or both
(ii) Private Service Vehicles
(a) Vehicles used for trade and Rupees four lakh fifty thousand
business per annum or twenty per cent
of the value of vehicle or both
(b) Vehicles used by
Educational Institutions-
I. for school vehicles Rupees three lakh per annum
or twenty per cent of the value
of vehicle or both
II. for college vehicles Rupees four lakh per annum or
and other institutional twenty per cent of the value of
vehicles vehicle or both
(iii) Stage Carriage Maximum rate of tax per kilo-
meter, each Vehicle, for a day
(1) Big Buses-
(a) Ordinary Buses Rupees twenty or twenty per
cent of the value of the vehicles
at the time of new registration
or both
(b) Ordinary HVAC Buses Rupees twenty or twenty per
(3x2 seats) cent of the value of the vehicles
at time of new registration or
both
(c) Integral Coach (2x2 seats) Rupees twenty or twenty per
Buses cent of the value of the vehicles
at time of new registration or
both PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
102
(CHTR 11, 1943 SAKA)
(d) Super Integral Coach Rupees twenty or twenty per
Buses
cent of the value of the vehicles
at time of new registration or
both
Rupees one lakh fifty thousand
(2) Buses having capacity upto
per annum or twenty per cent
thirty-five seats
of the value of vehicles at time
of new registration or both
(iv) Goods CarriageVehicles
Rupees one lakh fifty thousand
per annum or twenty per cent
value of the vehicle at time of
new registration or both in all
catagories of goods carriage
vehicles
(v) Tractor with trolley used Rupees twenty thousand per
for commercial purpose annum or twenty per cent of
within the radius of twenty- the value of the vehicle at time
five kilometer from the of new registration or both
place of permit holder's
residence
(vi) Omni Bus registered in Rupees ten thousand per seat
the State of Punjab
per annum or twenty per cent
of the value of the vehicle at
the time of new registration or
both
(vii) Other Transport Vehicles
like Dumper, Loader,
Camper Van or Trolleys,
Tippers, Cash van, Mobile
Canteen, Haul Pack,
Mobile Workshops,
Ambulance, Animal
Ambulance, Fire Tenders, PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
103
(CHTR 11, 1943 SAKA)
Snored Ladders, Auxiliary
Trolleys and Fire Fighting
Vehicles, Hearses, Mail
Carrier, Mobile Clinic or X-
ray vans or Library Vans-
(a) purchased as Chassis Fifty per cent of the cost of chas-
sis, subject to the maximum of
rupees ten lakh (in lump sum) or
both
(b) purchased with complete
Forty per cent of the cost of com-
body
plete body, subject to the maxi-
mum of rupees ten lakh (in lump
sum) or both
3. Green or Environment or Any other
tax
(i) Non-Transport Vehicles
Rupees fifty thousand at the
time of renewal of Registration
Certificate
(ii) Transport Vehicles
Rupees fifty thousand after
eight years per annum
4. (i) Electric Vehicle (Passenger)
(a) E-rickshaw having
capacity upto 6+1 seats
Rupees ten thousand per seat per annum or twenty per cent of the value of E- rickshaw or both
(b) Motor vehicle having
capacity upto 6+1 seats
Rupees twenty thousand per seat per annum or twenty per cent of the value of vehicle or both PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
104
(CHTR 11, 1943 SAKA)
(c) Motor vehicle having
capacity more than 6+1
seats and upto 12+1 seats
Rupees forty thousand per seat per annum or twenty per cent of the value of vehicle or both
(d) Motor vehicle having
capacity more than 12+1
seats
(ii) E-Cart
Rupees fifty thousand per seat per annum or twenty per cent of the value of vehicle or both Rupees one lakh fifty thou- sand per annum or twenty per cent of the value of vehicle or both
(iii) Electric Vehicle (Goods)
Rupees one lakh fifty thou- sand per annum or twenty per cent of the value of vehicle or both
5. Tax on Vehicles under the
possession of Manufacturer or
Dealer-
(a) Two Wheeler or Vehicle Rupees ten thousand per annum
for every one hundred vehicles
or part thereof
(b) Three or Four Wheeler or
Rupees twenty thousand per
Vehicle
annum for every fifty vehicles
or part thereof
6. Vehicles plied on contract carriage
Maximum rate of Tax per day
permits or on All India Tourist
(twenty-four hours)
Permits or on any other similar
permits registered in any State other
than the State of Punjab, when
entering in Punjab- PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
105
(CHTR 11, 1943 SAKA)
(i) Motor Cabs Rupees three thousand
(ii) Maxi Cabs Rupees six thousand
(iii) Omni Buses Rupees six thousand
(iv) Ordinary Buses Rupees twenty thousand
(v) Deluxe Buses Rupees thirty thousand
(vi) Air-conditioned Buses Rupees forty thousand
7. Vehicles of other States, when
entering and plying in Punjab-
(i) Stage Carriage Rupees twenty per kilometer
per day or twenty per cent of
the value of vehicle or both
(ii) Private Service Vehicles Rupees four lakh fifty
(Trade and Business thousand per annum or twenty
Vehicles) per cent of the value of vehicle
or both
(iii) Educational Institution Rupees four lakh per annum
Vehicles or twenty per cent of the value
of vehicle or both
(iv) Goods Carriage other than Rupees one lakh fifty thousand
those holding national permit per annum or twenty per cent
of other States. of the value of vehicle or both
(v) Special purpose vehicles Rupees ten thousand per day
(Transport) or twenty per cent of the value
of vehicle or both
8. Tax on temporarily registered Rate of Tax per vehicle
vehicles or chassis passing through
the Punjab-
(i) Motor Car, Tractor, Omni Rupees two thousand
Bus having capacity upto
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
106
(CHTR 11, 1943 SAKA)
ten seats, but excluding the
driver of three wheeled
vehicles
(ii) Any other motor vehicles, Rupees fifteen thousand not covered under item (i)
above
(iii) Chassis of Motor Vehicles Rupees ten thousand
9. At the time of issuance of new
stage carriage permit-
(i) Big Buses
(ii) Buses having capacity
upto thirty-five seats
(iii) In case of increase in mileage (Big Buses) Maximum rate of one time tax per Kilometer
Rupees two thousand five hundred
Rupees two hundred fifty
Rupees two thousand five hundred
10. In the case of transfer of ownership
of the following kinds of motor
vehicles which are already registered
in Punjab-
(i) All types of Motor Vehicles Rupees seventy-five thousand per vehicle
(ii) All types of tractors using Rupees seventy-five thousand per vehicle
public roads other than
agricultural tractors
No additional tax shall be levied in case of transfer of ownership owing to death or transfer to insurance company for settlement of claim.
PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021
107
(CHTR 11, 1943 SAKA)
11. Transport vehicle plied without a Rupees two lakh for every act
of violation
valid permit or in an unauthorized
manner
12. Any other vehicle not covered
above-
(i) Transport Vehicle
Rupees four lakh fifty thousand
per annum or twenty per cent
of the value of the Vehicle
Rupees fifteen lakh on one time
(ii) Personalized Vehicle
basis.".
S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.