PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

EXTRAORDINARY

Published by Authority

CHANDIGARH, THURSDAY, APRIL 1, 2021

(CHAITRA 11, 1943 SAKA)

( xliii )

LEGISLATIVE SUPPLEMENT

Contents

Pages

Part - I

Acts

The Punjab Excise (Amendment) Act, 2021.

(Punjab Act No. 7 of 2021).

The Punjab Abadi Deh (Record of Rights)

Act, 2021.

(Punjab Act No. 8 of 2021)

The Sardar Beant Singh State University

Act, 2021.

(Punjab Act No. 9 of 2021)

The Shaheed Bhagat Singh State University

Act, 2021.

(Punjab Act No. 10 of 2021)

The Punjab Motor Vehicles Taxation

(Amendment) Act, 2021.

(Punjab Act No. 11 of 2021)

Part - II

Ordinances

Nil

Part - III

Delegated Legislation

Nil

Part - IV

Correction Slips, Republications and

Replacements

Nil

______

.. 43-44

.. 45-58

.. 59-78

.. 79-96

.. 97-107

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

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)

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)

This Act may be called the Punjab Excise (Amendment) Act, 2021.

(2)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

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”,

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.

In the principal Act, after section 61, the following section shall be inserted,

namely:-

“61-A

(1). Whoever mixes or permits to be mixed with any liquor

sold or manufactured or possessed by him any noxious

drug or any foreign ingredient likely to cause disability

or grievous hurt or death to human beings, shall be

punishable –

(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;

Short title and

commencement.

Amendment in

section 61 of

Punjab Act 1 of

1914.

Insertion of new

section 61-A in

Punjab Act 1 of

1914.

Penalty for

mixing or

permitting to mix

with liquor any

noxious drug.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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.”

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

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

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)

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.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

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)

This Act may be called the Punjab Abadi deh (Record of

Rights) Act, 2021.

(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.

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,

play grounds, bus stand or waiting places, places used for

Short title,

extent and

commence-

ment.

Definitions.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

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;

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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

(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;

Officers.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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.

(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.

(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

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

purpose of identifying, recording and resolving the rights in each survey unit.

(1)

The Government shall appoint a Survey Officer for each area

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.

Superinten-

dence

and control of

Officers.

Identification

of abadi deh

area.

Survey and

mapping.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

CHAPTER IV

STANDING RECORD OF RIGHTS AND ITS MAKING

There shall be a standing record of rights for each abadi deh area,

which shall comprise the following, namely: -

(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.

(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.

(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.

(1)

The Assistant Recording and Resolution Officer, after

deliberations and consultations with the village committee and hearing the parties

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

Standing

record of

rights.

Inquiry by

the Assistant

Recording

and

Resolution

Officer.

Preparation

of standing

record of

rights.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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

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

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).

Display of

record.

Raising of

objections

and decision.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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

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.

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:

Appeals.

Review.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

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

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.

Revision by

Commis-

sioner.

Decree or

order of the

court.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

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

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.

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,

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

approach the civil court for partition.

CHAPTER VIII

MISCELLANEOUS

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.

Transfer of

record to

the District

Collector.

Application

of Chapter

IV of

Revenue

Act.

Partition of

survey

units.

Disputes as

partition.

Summoning.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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.

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).

23.

The clerical or arithmetical mistakes in any order passed by any officer

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,

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

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

of any matter which the Government or any officer is by this Act empowered

Presump-

tion in

favour of

entries in

the standing

record of

rights.

Suit for

declaratory

decree by

persons

aggrieved

by an entry

in a record.

Correction of

clerical errors.

Protection of

action taken

in good faith.

Power to

remove

difficulties.

Exclusion of

jurisdiction of

civil courts.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

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.

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

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.

(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;

Powers of

officers to

enter upon

land, dwelling

and habitation

areas, survey

units for the

purposes of

survey and

demarcation.

Penalty for

destruction,

dismantling or

removal of

survey marks

and demarcation.

Power of the

Government

to make rules.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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)

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)

This Act may be called the Sardar Beant Singh State University

Act, 2021.

(2)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

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;

Short title

and

commence-

ment.

Definitions.

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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.

(1)

There shall be established a University by the name of the

Sardar Beant Singh State 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

Establishment

and incorpora-

tion of the

University.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

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.

The University shall perform the following functions, namely:-

(a)

to make provisions for providing, upgrading and promoting

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,

Powers and

functions of

the

University.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

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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

Government or the Central Government and to receive

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

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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.

The University shall exercise its jurisdiction within its campus.

(1)

The University shall be open to persons of either sex and of

whatever race, creed, caste or class, and it shall not be lawful for the University

to adopt or impose on any person any test whatsoever of religious belief or

profession in order to entitle him to 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.

The following shall be the officers of the University, namely:-

(i)

the Chancellor;

(ii)

the Vice-Chancellor;

(iii)

the Registrar; and

(iv)

such other persons in the service of the University, as may be

declared by the regulations to be the officers of the University.

The Governor of Punjab shall be the Chancellor of the University.

(1)

The Vice-Chancellor shall be appointed by the Chancellor on

the advice of the State Government out of a panel of persons of national

eminence, prepared through a transparent screening process:

Provided that the first Vice-Chancellor shall be appointed for a period

of three years by the State Government.

Jurisdiction.

University

open to all

classes, castes

and creeds.

Officers of the

University.

Chancellor.

Appointment ,

powers, duties,

conditions of

service and

removal of the

Vice- Chancellor.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

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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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(CHTR 11, 1943 SAKA)

(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

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

Appoint-

ment,

powers,

duties and

conditions of

service of the

Registrar.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

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

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:-

(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

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,

Department of Technical Education and Industrial Training shall be the Vice-

Appointment,

powers, duties

of the officers

and their terms

of office etc.

Authorities of

the University.

Board of

Governors.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

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;

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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;

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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

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;

Academic

Council.

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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,-

(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

Planning

Board.

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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,

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.

Finance

Committee.

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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.

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

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.

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;

Powers and

duties of

the

authorities

of the

University.

Making,

amendment,

repeal and

operations of

regulations.

Regulations.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

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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;

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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

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

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

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

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;

Sub-

regulations.

Corpus of

Funds.

Annual

report.

Annual

account.

Acts or

proceedings

of authorities

and bodies

not invali-

dated by

vacancies.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

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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

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

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

Disputes

about

constitution of

authorities and

bodies.

Powers of the

State

Government.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

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.

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:

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

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

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

Communica-

tion of

resolution to

the State

Government.

Powers of the

State

Government

to suspend or

cancel the

resolution of

the Univer-

sity.

State

Government

to give

directions.

Power of the

State

Government

to remove

difficulties.

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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)

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) 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

publication in the Official Gazette.

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 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;

Short title

and

commence-

ment.

Definitions.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

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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.

(1)

There shall be established a University by the name of the

Shaheed Bhagat Singh State 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.

The University shall perform the following functions, namely:-

(a)

to make provisions for providing, upgrading and promoting

technical education and training and research in Technical

Education and to create entrepreneurship and a conducive

Establishment

and incorpo-

ration of the

University.

Powers and

functions of

the

University.

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

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

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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.

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

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,

Jurisdiction.

University open

to all classes,

castes and creeds.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

of persons belonging to the Scheduled Castes or Scheduled Tribes.

The following shall be the officers of the University, namely:-

(i)

the Chancellor;

(ii)

the Vice-Chancellor;

(iii)

the Registrar; and

(iv)

such other persons in the service of the University, as may be

declared by the regulations to be the officers of the University.

The Governor of Punjab shall be the Chancellor of the University.

(1)

The Vice-Chancellor shall be appointed by the Chancellor on

the advice of the State Government out of a panel of persons of National

eminence, prepared through a transparent screening process:

Provided that the first Vice-Chancellor shall be appointed for a period

of three years by the State Government.

(2)

The Vice-Chancellor shall hold 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.

Officers of the

University.

Chancellor.

Appointment,

powers, duties,

conditions of

service and

removal of the

Vice-Chancellor.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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.

(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;

Appointment,

powers, duties

and conditions

of service of the

Registrar.

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(CHTR 11, 1943 SAKA)

(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

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:-

(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

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.

Appointment,

powers, duties of

the officers and

their terms of

office etc.

Authorities of

the University.

Board of

Governors.

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(CHTR 11, 1943 SAKA)

(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;

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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,

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

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

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;

Academic

Council.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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,-

(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

members, namely:-

(i)

Vice- Chancellor;

Chairman

Planning

Board.

Finance

Committee.

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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.

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

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

Powers and

duties of the

authorities of

the Univer-

sity.

Making

amendment,

repeal and

operations of

regulations.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

regulation shall require the approval of State Government, which may approve,

disallow or remit it to the Board for further consideration.

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;

Regulations.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(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

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

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

submitted to the Board for approval at its annual meeting on or before such

date, as may be prescribed by regulations.

Sub-

regulations.

Corpus of

Funds.

Annual

report.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

23.

The accounts of the income and expenditure of the University shall be

submitted once every year to the State Government for such examination and

audit, as the State Government may direct. The accounts when audited, shall

be published in the Official Gazette of the State Government.

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;

(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

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

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.

Powers of the

State Govern-

ment.

Acts or

proceedings

of authorities

and bodies

not invali-

dated by

vacancies.

Disputes

about

constitution

of authorities

and bodies.

Annual

account.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(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

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:

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

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

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

Communication

of resolution to

the State

Government.

Powers of the

State Government

to suspend or

cancel the

resolution of the

University.

State Govern-

ment to give

directions.

Power of the

State Govern-

ment to remove

difficulties.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(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)

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)

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

publication in the Official Gazette.

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:-

" 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

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

Imposition

of Tax.

Short title

and

commence-

ment.

Substitu-

tion of

section 3 of

Punjab Act

4 of 1924.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(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.".

In the principal Act, for the existing Schedule, the following Schedule

shall be substituted, namely:-

"SCHEDULE

(See section 3)

Serial

Category of Motor Vehicles

Maximum rate of tax

Number

Non-Transport Vehicles

New Registration

(i)

Motor Cycle, Motor Car

and Adapted Carriage

(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

Twenty per cent of the value

of the motor cycle, motor car

or Adapted Carriage (in lump

sum)

Substitution of

Schedule of

Punjab Act 4

of 1924.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(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

(CHTR 11, 1943 SAKA)

(c)

six years or more but less

than nine years

(d)

nine years or more

(ii)

Vehicles disposed of by

various

Government

Departments

Government Agencies on

which lump sum tax have

not been paid earlier

(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

Wheeler) having capcity

upto 6+1 seats

(b)

Motor Vehicles having

capacity upto 6+1 seats

(c)

Motor vehicles having

capacity more than 6+1

seats and upto 12+1 seats

Fifty-five per cent of the tax of

new motor cycle or motor car

Thirty-five per cent of the tax

of new motor cycle or motor

car

The Motor Vehicle Tax shall be

arrived at by reducing the

amount of tax at the rate of five

per cent per financial year or

part thereof upto ten years

from the date of registration, but

amount of lump sum tax shall

not exceed rupees seventy-five

thousand after the period of ten

years.

Rupees ten thousand per seat

per annum or twenty per

cent of the value of Auto rick-

shaw or both

Rupees ten thousand per seat

per annum or twenty per cent

of the value of vehicle or both

Rupees fifteen thousand per

seat per annum or twenty per

cent of the value of vehicle or

both

100

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(CHTR 11, 1943 SAKA)

(d)

Motor Vehicles having capacity

more than 12+1 seats

(ii)

Private Service Vehicles

(a)

Vehicles used for trade and

business

(b)

Vehicles used by

Educational Institutions-

for school vehicles

II.

for college vehicles

and other institutional

vehicles

(iii)

Stage Carriage

(1)

Big Buses-

(a)

Ordinary Buses

(b)

Ordinary HVAC Buses

(3x2 seats)

(c)

Integral Coach (2x2 seats)

Buses

Rupees twenty thousand per

seat per annum or twenty

percent of the value of vehicle

or both

Rupees four lakh fifty thousand

per annum or twenty per cent

of the value of vehicle or both

Rupees three lakh per annum

or twenty per cent of the value

of vehicle or both

Rupees four lakh per annum or

twenty per cent of the value of

vehicle or both

Maximum rate of tax per kilo-

meter, each Vehicle, for a day

Rupees twenty or twenty per

cent of the value of the vehicles

at the time of new registration

or both

Rupees twenty or twenty per

cent of the value of the vehicles

at time of new registration or

both

Rupees twenty or twenty per

cent of the value of the vehicles

at time of new registration or

both

101

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(CHTR 11, 1943 SAKA)

(d)

Super Integral Coach

Buses

(2)

Buses having capacity upto

thirty-five seats

(iv)

Goods CarriageVehicles

(v)

Tractor with trolley used

for commercial purpose

within the radius of twenty-

five kilometer from the

place of permit holder's

residence

(vi)

Omni Bus registered in

the State of Punjab

(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,

Rupees twenty or twenty per

cent of the value of the vehicles

at time of new registration or

both

Rupees one lakh fifty thousand

per annum or twenty per cent

of the value of vehicles at time

of new registration or both

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

Rupees twenty thousand per

annum or twenty per cent of

the value of the vehicle at time

of new registration or both

Rupees ten thousand per seat

per annum or twenty per cent

of the value of the vehicle at

the time of new registration or

both

102

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021

(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

(b)

purchased with complete

body

Green or Environment or Any other

tax

(i) Non-Transport Vehicles

(ii) Transport Vehicles

(i) Electric Vehicle (Passenger)

(a)

E-rickshaw having

capacity upto 6+1 seats

(b)

Motor vehicle having

capacity upto 6+1 seats

Fifty per cent of the cost of chas-

sis, subject to the maximum of

rupees ten lakh (in lump sum) or

both

Forty per cent of the cost of com-

plete body, subject to the maxi-

mum of rupees ten lakh (in lump

sum) or both

Rupees fifty thousand at the

time of renewal of Registration

Certificate

Rupees fifty thousand after

eight years per annum

Rupees ten thousand per seat

per annum or twenty per

cent of the value of E-

rickshaw or both

Rupees twenty thousand per

seat per annum or twenty per

cent of the value of vehicle or

both

103

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(CHTR 11, 1943 SAKA)

(c)

Motor vehicle having

capacity more than 6+1

seats and upto 12+1 seats

(d)

Motor vehicle having

capacity more than 12+1

seats

(ii)

E-Cart

(iii)

Electric Vehicle (Goods)

Tax on Vehicles under the

possession of Manufacturer or

Dealer-

(a)

Two Wheeler or Vehicle

(b)

Three or Four Wheeler or

Vehicle

Vehicles plied on contract carriage

permits or on All India Tourist

Permits or on any other similar

permits registered in any State other

than the State of Punjab, when

entering in Punjab-

Rupees ten thousand per annum

for every one hundred vehicles

or part thereof

Rupees twenty thousand per

annum for every fifty vehicles

or part thereof

Maximum rate of Tax per day

(twenty-four hours)

Rupees forty thousand per

seat per annum or twenty per

cent of the value of vehicle

or both

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

Rupees one lakh fifty thou-

sand per annum or twenty

per cent of the value of

vehicle or both

104

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(i)

Motor Cabs

(ii)

Maxi Cabs

(iii)

Omni Buses

(iv)

Ordinary Buses

(v)

Deluxe Buses

(vi)

Air-conditioned Buses

Vehicles of other States, when

entering and plying in Punjab-

(i) Stage Carriage

(ii)

Private Service Vehicles

(Trade and Business

Vehicles)

(iii)

Educational Institution

Vehicles

(iv)

Goods Carriage other than

those holding national permit

of other States.

(v) Special purpose vehicles

(Transport)

Tax on temporarily registered

vehicles or chassis passing through

the Punjab-

(i)

Motor Car, Tractor, Omni

Bus having capacity upto

Rupees twenty per kilometer

per day or twenty per cent of

the value of vehicle or both

Rupees four lakh fifty

thousand per annum or twenty

per cent of the value of vehicle

or both

Rupees four lakh per annum

or twenty per cent of the value

of vehicle or both

Rupees one lakh fifty thousand

per annum or twenty per cent

of the value of vehicle or both

Rupees ten thousand per day

or twenty per cent of the value

of vehicle or both

Rate of Tax per vehicle

Rupees two thousand

Rupees three thousand

Rupees six thousand

Rupees twenty thousand

Rupees thirty thousand

Rupees forty thousand

105

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(CHTR 11, 1943 SAKA)

ten seats, but excluding the

driver of three wheeled

vehicles

(ii)

Any other motor vehicles,

not covered under item (i)

above

(iii)

Chassis of Motor Vehicles

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)

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

(ii)

All types of tractors using

public roads other than

agricultural tractors

Maximum rate of one time

tax per Kilometer

Rupees two thousand five

hundred

Rupees two hundred fifty

Rupees two thousand five

hundred

Rupees seventy-five thousand

per vehicle

Rupees fifteen thousand

Rupees ten thousand

Rupees seventy-five thousand

per vehicle

No additional tax shall be levied

in case of transfer of ownership

owing to death or transfer to

insurance

company

for

settlement of claim.

106

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(CHTR 11, 1943 SAKA)

Rupees two lakh for every act

of violation

Rupees four lakh fifty thousand

per annum or twenty per cent

of the value of the Vehicle

Rupees fifteen lakh on one time

basis.".

11.

Transport vehicle plied without a

valid permit or in an unauthorized

manner

12.

Any other vehicle not covered

above-

(i)

Transport Vehicle

(ii)

Personalized Vehicle

S.K. AGGARWAL,

Secretary to Government of Punjab,

Department of Legal and Legislative Affairs.

2265/4-2021/Pb. Govt. Press, S.A.S. Nagar

107