punjab act 007 of 1947 : University Act, 1947

University Act, 1947

PUNJAB ACT 007 OF 1947
26 November, 1947

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Year

No.

Short title

Whether repealed or otherwise affected by legislation

1947

7

The Punjab University Act, 1947

Amended in part by the East Punjab Act 41 of 19482

Amended by the Adaptation of Laws Order, 1950

Amended by Adaptation of Laws (Third Amendment) Order, 1951

Amended by Punjab Act 55 of 19533

Amended by Punjab Act 25 of 19554

Amended by Punjab Act No. 9 of 19565

Amended by Punjab Act 2 of 19576

Amended by Punjab Act 33 of 19607

Amended by Punjab Act 6 of 19628

Modified by Government of India Notifications:

(i) No. S.O. 3372, dated 1st November, 1966

(ii) No. S.O. 2324, dated 29th June, 1966.

(iii) No. S.O. 2531, dated the 9th July, 1968

(iv) No. S.O. 3748, dated the 12th September, 1969

(v) No. S.O. 4912, dated the 6th December, 1969

(vi) No. S.O. 1887, dated the 25th May, 1970

Amended in part by Punjab Act 23 of 19699

An Act to constitute a University for 10[Punjab]

It is hereby enacted as follows:

Section 1. Short title and commencement

(1) This Act may be called the 12[Punjab University Act], 1947.

(2) It shall come into force at once.

Section 2. Interpretation

In this Act, unless there is anything repugnant in the subject or context,

(a) College or affiliated College includes any collegiate institution affiliated to or maintained by the University;

(b) the Government means the 13[Central Government]

(c) regulation means any regulation made by the Senate; and

(d) the University means the 14Punjab University.

Section 3. Repeal of Ordinance No. VII of 1947

(a) The East Punjab University Ordinance, 1947, is hereby repealed and the University established under the provisions of the aforesaid Ordinance, shall hereafter be governed by the provisions of this Act.

15[(b) The seat of the University shall be at Chandigarh].

Section 4. Incorporation of the University

The University shall be a body corporate known by the name of the 16Punjab University having perpetual succession and a common seal, with power to acquire and hold property, moveable and immoveable to transfer the same, to contract, and to do all other things necessary for the purpose of its constitution and may sue in, or be sued by, its corporate name.

Section 5. Purposes of the University

The University shall be incorporated for the purposes, among others, of making provision for imparting education in Arts, Letters, Science and the learned professions and of furthering advancement of learning, the prosecution of original research, with power to appoint University Professors, Readers and Lecturers, to hold and manage educational endowments, to erect, equip and maintain University colleges, libraries, laboratories and museums, to make regulations relating to the residence and conduct of students and to do all such acts as tend to promote study and research.

Section 6. Character of University

The University shall be open to all persons of either sex and of whatever race, creed or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted thereto as a teacher or student, or to hold any office therein, or to graduate thereat, or to enjoy or exercise any privilege thereof except where such test is specially prescribed in respect of any particular benefaction accepted by the University, having been made a condition thereof by any testamentary or other instrument creating such benefaction.

Section 7. Property of University

(a) The University may acquire, take over and accept by way of assignment or otherwise from 17[the Punjab University in Pakistan], monies, stocks, funds, securities and other property, moveable and immoveable of every description including actionable claims and choses in action of and belonging to x [the Punjab University in Pakistan] hitherto managed and controlled by the same or held in trust for or for the use of the same, and may give any trustee in whom such stocks, funds, securities and other property may be vested, a valid receipt discharge and indemnity for and in respect of the transfer or handing over the same to the University established by this Act.

(b) The University may receive and accept donations, endowments and gifts of money, land, buildings, stocks, funds, shares, securities and other property whatsoever moveable and immoveable and either subject or not subject to any special trusts or conditions.

(c) All property moveable or immoveable of whatever description granted or transferred to it by any Government, person or institution or otherwise acquired or held by it shall vest in and be the property of the University and shall be administered by it for the purposes of the University subject to any trust as to the manner in which and the purposes for which that property or any part thereof is to be applied.

Section 8. Body Corporate

18[ Subject to the provisions of this Act the supreme authority of the University shall be vested in the Senate which shall consist of the

(a) Chancellor;

(b) Vice-Chancellor;

(c) ex officio Fellows; and

(d) Ordinary Fellows.

Section 9. Chancellor

19[ The Chancellor of the University shall be appointed by the Central Government by Notification in the Gazette of India].

Section 10. Vice-Chancellor

20[ (1) The Vice-Chancellor of the University shall be appointed by the Chancellor.

(2) The Vice-Chancellor appointed under this Act shall hold office for a term of three years which term may be extended by the Chancellor for such further periods not exceeding three years at a time, as he may deem fit.

21[(2A) Notwithstanding anything contained in this Act or any order made thereunder, the person holding office of the Vice-Chancellor immediately before the commencement of the East Punjab University (Amendment) Act, 1956 (Act 9 of 1956), shall continue to hold office for such period up to 31st July, 1957, as the Chancellor may by order determine.]

(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) 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 statutes, rules and regulations.

(5) In case of illness or absence on leave of the Vice-Chancellor, or in any other contingency the Chancellor may appoint a person from amongst the Fellows of the University, or, make such other arrangements as he may think fit, for the disposal of business during the absence of the Vice-Chancellor. The Chancellor shall determine the emoluments or allowances payable to a person temporarily appointed to discharge the functions of the Vice-Chancellor.]

Section 11. Senate

(1) 22[* * *]

(2) Senate. The Senate shall have the entire management of and superintendence over the affairs, concerns and property of the University and shall provide for that management and exercise that superintendence, in accordance with the Statutes, Rules and Regulations for the time being in force.

(3) No act done by the University shall be deemed to be invalid merely by reason of any vacancy among either class of elected Ordinary Fellows, or by reason of the total number of Ordinary Fellows, or of members of the profession of education to be included among Ordinary Fellows, being less than the minimum prescribed by this Act.

(4) 23[]

Section 12. Ex. officio Fellows

24[ (1) The persons for the time being performing the duties of the offices mentioned in the list contained in the Schedule to this Act shall be the ex officio Fellows of the University.

(2) The Government may, by notification, make alterations in the list of offices contained in the Schedule:

Provided that the number of ex officio Fellows shall not exceed 25[twelve].

Section 13. Ordinary Fellows

26[ (1) The number of Ordinary Fellows shall not exceed eighty-five, and of such number

27[(a) fifteen shall be elected by the Registered Graduates from amongst themselves, among whom

(i) seven shall be elected to represent the State of Punjab, three to represent the State of Haryana, one to represent the Union Territory of Himachal Pradesh and one to represent the Union Territory of Chandigarh; and

(ii) the remaining three shall be elected from any area including any of the areas mentioned in sub-clause (i);]

(b) two shall be elected by Professors on the staff of the Teaching Departments of the University from amongst themselves, provided that one member each from the Arts and Science Departments shall be elected;

(c) two shall be elected by Readers and Lecturers on the staff of the Teaching Departments of the University from amongst themselves, provided that one member each from the Arts and Science Departments shall be elected;

28[(d) three shall be elected by the Principals of Technical and Professional Colleges from amongst themselves, among whom one shall be elected to represent the State of Punjab, one to represent the State of Haryana and one to represent the Union Territories of Himachal Pradesh and Chandigarh and three shall be elected by the staff of such colleges from amongst themselves, among whom one shall be elected to represent the State of Punjab, one to represent the State of Haryana and one to represent the Union Territories of Himachal Pradesh and Chandigarh;

(e) eight shall be elected by the Heads of affiliated Arts Colleges from amongst themselves, among whom four shall be elected to represent the State of Punjab, three to represent the State of Haryana and one to represent the Union territories of Himachal Pradesh and Chandigarh;

(f) eight shall be elected by the Professors, Senior Lecturers and Lecturers of affiliated Arts Colleges from amongst themselves, among whom four shall be elected to represent the State of Punjab, two to represent the State of Haryana, one to represent the Union territory of Himachal Pradesh and one to represent the Union territory of Chandigarh;

(g) 28[* * *]

(h) six shall be elected by the various Faculties of the University;

29[(i) two shall be elected by the members of the Punjab Legislative Assembly from amongst themselves, one shall be elected by the members of the Punjab Legislative Council from amongst themselves and two shall be elected by the members of the Haryana Legislative Assembly from amongst themselve, provided that the member elected is a holder of any University Degree; and]

(j) the remainder shall be nominated by the Chancellor.

30Explanation. A person seeking election to represent a particular State or Union territory, or both the Union territories of Himachal Pradesh and Chandigarh, under sub-clause (i) of clause (a), clause (d), clause (e), 31[or clause (f)] shall be a person whose address, according to the entry in the appropriate Register of Electors published, finally by the University after the publication in the Gazette of India of the notification of the Government of India in the Ministry of Home Affairs No. 17/79/66-SR, dated the 9th July, 1968, is at a place in that State or Union territory, or in the case of a person seeking election to represent both the Union Territories aforesaid is at a place in either of them].

(2) The election of any Ordinary Fellow shall be subject to the approval of the Chancellor.

(3) The Ordinary Fellows shall, save as hereinafter provided, hold office for four years.

(4) An Ordinary Fellow who has vacated his office may subject to the provisions of this Act be again elected or nominated as an Ordinary Fellow.

(5) No person elected in his capacity as a member of any of the categories enumerated in sub-section (1) shall continue to hold his office after he has ceased to possess the requisite qualification.

32[(6) If in the case of any election a dispute arises whether any person is or is not a Principal, Professor, Reader, Senior Lecturer, Lecturer or Head of a College within the meaning of clauses (b), (c), (d), (e) and (1) of sub-section (1), the question shall be determined by the Vice-Chancellor whose decision shall be final.]

Section 14. Ordinary Fellows elected by registered Graduates

(1) Once in every year, on such date as the Chancellor may appoint in this behalf, there shall, if necessary, be an election to fill any vacancy among the Ordinary Fellows elected by registered Graduates.

(2) The Syndicate shall maintain a register on which any Graduate of the 33Punjab University who

(a) has taken the degree of Doctor or Master in any Faculty, or

(b) has graduated in any Faculty not less than five years before registration,

shall, subject to the payment of an initial fee of such amount as may be prescribed by the regulations, be entitled to have his name entered on application made within one year from the date on which he becomes so entitled:

Provided that, if such application is made after the expiry of the said period the applicant shall be entitled to have his name entered on payment of the said initial fee, and of such further sum as may be prescribed by the regulations.

(3) The name of any Graduate entered on the register shall, subject to the payment of an annual fee of such amount as may be prescribed by the regulations, be retained thereon, and, in case of default, shall be removed therefrom, but shall, at any time, be re-entered upon payment of all arrears:

Provided that a Graduate whose name has already been entered on the register may at any time compound for all subsequent payments of the annual fee by paying the sum prescribed in this behalf by the regulations.

34[(4)(a) Any person who had graduated in any Faculty of the University of the Punjab at Lahore before the year 1948, shall, on application made and on payment of such fees and on complying with such conditions as may be prescribed by the Regulations of the University, be entitled to have his name entered in the Register of Graduates of the East Punjab University:

35[* * *]

(b) Any registration effected after the 19th day of June 1951, and before the commencement of the East Punjab University (Amendment) Act, 1952 (President's Act IV of 1952), or, anything done or any action taken including any regulation made in exercise of the powers conferred by or under the said Act shall be deemed to have been validly effected, done or taken as if this Act was in force on the day on which such thing was done or action taken and all the provisions of this Act shall apply accordingly.

(5) No person other than a Graduate whose name is entered on the said register shall be qualified to vote or to be elected at an election held under sub-section (1).

(6) A Graduate registered under this section shall be entitled to such further privileges as may be determined by the regulations.

Section 15. Other elections of Ordinary Fellows

36[ Once in every year on such dates as the Chancellor may appoint in this behalf, there shall, if necessary, be an election to fill any vacancy amongst the Ordinary Fellows elected by the categories mentioned under clauses (b), (c), (d), (e), (f), *37** and (h) of sub-section (1) of section (13)].

Section 16. Disqualification for elections

38[ The whole time paid servants of the University except those on the teaching side shall be disqualified to seek election to any elected body of the University.

Section 17. Resignation or removal of Ordinary Fellows

(1) Any Ordinary Fellow may by letter addressed to the Chancellor, resign his office.

(2) Where any Ordinary Fellow has not attended a meeting of the Senate, other than a Convocation, during the period of one year, the Chancellor may declare his office to be vacated.

(3) The Chancellor may, on the recommendation of the Vice-Chancellor, cancel the appointment of any Fellow who had been nominated by him as a Fellow because of his holding an office which he has since vacated.

Section 18. Honorary Professors

39[ In addition to the whole-time paid teachers appointed by the University the Chancellor may on recommendation of the Vice-Chancellor and of the Syndicate confer on any distinguished teacher who has rendered eminent services to the cause of education the designation of Honorary Professor of the Punjab University who in such capacity will be expected to deliver a few lectures every year to the Post-Graduate classes.

Section 19. Faculties

(1) The Senate may constitute Faculties in such subjects as it thinks fit under Regulations made in accordance with the provisions of this Act.

(2) Regulations made under sub-section (2) may

(a) provide for the assignment of Fellows to the several Faculties by order of the Senate; and

(b) empower the Fellows so assigned to add to their number in such manner and for such period as may be prescribed, Graduates in the Faculty and other persons possesssing special knowledge of the subjects of study represented by the Faculty:

Provided that the number of persons so to be added to the Faculty shall not exceed half the number of Fellows assigned to the Faculty.

(3) A person added to a Faculty under clause (b) of sub-section (2) shall have the right to take part in the ordinary business of the Faculty, and in any election of any Ordinary Fellow by the Faculty, but shall not be entitled to take part in the election of the Syndicate.

Section 20. Syndicate

40[ (1) The Executive Government of the University shall be vested in the Syndicate which shall consist of:

(a) the Vice-Chancellor as Chairman

(b) the Director of Public Instruction, Punjab

41[* * *]

42[(ba)] Director of Education, Himachal Pradesh;

43[* * *]

44[(bb) The Director of Public Instruction, Haryana, and]

45[(bc) The Director of Public Instruction, Chandigarh.]

(c) not less than twelve or more than fifteen ex-officio or Ordinary Fellows elected by the Faculties in such manner and for such period as may be prescribed by the Regulations.

(2) The Regulations referred to in sub-section (1) shall be so framed as to secure that a majority of the elected members of the Syndicate shall be Heads of or teachers in Colleges affiliated to the University or Colleges and teaching Departments maintained by the University.

(3) If in any election the question is raised whether any person is or is not the Head of or a teacher in a College affiliated to the University or a College of teaching Department maintained by the University the question shall be decided by the Vice-Chancellor.

(4) The Syndicate may delegate any of its executive functions to the Vice-Chancellor or to the Sub-Committees appointed from amongst the members of the Syndicate or to a Committee appointed by it which may include persons who are not members of the Syndicate or to any other authority prescribed by Regulations.

46[(5) The Syndicate may make such rules not inconsistent with the provisions of this Act and the Regulations, as they may deem necessary, for carrying on the Executive Government of the University as specified in sub-section (1)].

4721. Registrar. The Registrar shall be a whole time paid officer of the University appointed by the Senate. He shall be incharge of the administration of the University acting under the immediate control of the Vice-Chancellor and shall represent the University in all legal proceedings except where the Senate otherwise resolves to the contrary.]

22. Degrees, diplomas, licenses, titles and marks of honour. The Senate may institute and confer such degrees and grant such diplomas, licences, titles and marks of honour in respect of degrees and examinations as may be prescribed by regulation.

23. Honorary Degrees. Where the Vice-Chancellor and not less than two-thirds of the other members of the Syndicate recommend that an honorary degree be conferred on any person on the ground that he is, in their opinion, by reason of eminent position and attainments a fit and proper person to receive such a degree and where their recommendation is supported by not less than two-thirds of the Fellows present at a meeting of the Senate and is confirmed by the Chancellor, the Senate may confer on such person the honorary degree so recommended without requiring him to undergo any examination.

24. Cancellation of degrees and the like. Where evidence is laid before the Syndicate showing that any person on whom a degree, diploma, license, title or mark of honour conferred or granted by the Senate has been convicted of what is, in their opinion, a serious offence, the Syndicate may propose to the Senate that the degree, diploma, license, title or mark of honour be cancelled, and if the proposal is accepted by not less than two-thirds of the Fellows present at a meeting of the Senate and is confirmed by the Chancellor, the degree, diploma, license, title, or mark of honour shall be cancelled accordingly.

25. Certificate required of candidates for examination. Save on the recommendation of the Syndicate by special order of the Senate and subject to any regulations made in this behalf, no person shall be admitted as a candidate at any University examination other than 48* * * those for diplomas or degrees in Modern Indian Languages and Oriental Titles unless he produces a certificate from a College affiliated to the University, to the effect that he has completed the course of instruction prescribed by regulation.

49[26. Colleges deemed to be affiliated to the University. The colleges affiliated to the University of the Punjab, Lahore, on or before the 27th September, 1947, and located in India shall be deemed to be affiliated to the University and shall be subject to all the provisions of this Act.]

27. Affiliation. (1) A college applying for affiliation to the University shall send a letter of application to the Registrar, and shall satisfy the Syndicate

(a) that the College is to be under the management of a regularly constituted governing body;

(b) that the qualifications of the teaching staff, their grades of pay and the conditions governing their tenure of office are such as to make due provisions for the courses of instruction to be undertaken by the College;

(c) that the buildings in which the College is to be located are suitable, and that provision will be made in conformity with the regulations, for the residence in the College or in lodgings approved by the College of students not residing with their parents or guardians, and for the supervision and physical welfare of students;

(d) that due provision has been or will be made for a library;

(e) where affiliation is sought in any branch of experimental science, that arrangements have been or will be made in conformity with the regulations for imparting instruction in that branch of science in a properly equipped laboratory or museum;

(f) that due provision will, so far as circumstances may permit, be made for the residence of the Head of the College and some members of the teaching staff in or near the College or the place provided for the residence of students;

(g) that the financial resources of the College are such as to make due provision for its continued maintenance;

(h) that the affiliation of the College, having regard to the educational facilities provided by other colleges in the same neighbourhood, will not be injurious to the interests of education; and

(i) that the College rules fixing the fees (if any) to be paid by the students have not been so framed as to involve such competition with any existing College in the same neighbourhood as would be injurious to the interests of education.

The application shall further contain an assurance that after the College is affiliated, any transference of management and all changes in the teaching staff shall be forthwith reported to the Syndicate.

(2) On receipt of a letter of application under sub-section (1), the Syndicate shall

(a) direct a local inquiry to be made by a competent person authorised by the Syndicate in this behalf;

(b) make such further inquiry as may appear to them to be necessary; and

(c) report to the Senate on the question whether the application should be granted or refused, either in whole or in part, embodying in such report the results of any enquiry under clauses (a) and (b).

And the Senate shall, after such further inquiry (if any) as may appear to them to be necessary, record their opinion on the matter.

(3) The Registrar shall submit the application and all proceedings of the Syndicate and Senate relating thereto to the Government, who, after such further inquiry as may appear to them to be necessary, shall grant or refuse the application or any part thereof.

(4) Where the application or any part thereof is granted, the order of the Government shall specify the courses of instruction in respect of which the College is affiliated; and where the application or any part thereof is refused, the grounds of such refusal shall be stated.

(5) An application under sub-section (1) may be withdrawn at any time before an order is made under sub-section (3).

28. Inspection and Reports. Where a College desires to add to the courses of instruction in respect of which it is affiliated the procedure prescribed by section 27 shall, so far as may be, be followed.

29. Inspection and Reports. (1) Every College affiliated to the University shall furnish such reports, returns and other information as the Syndicate may require to enable it to judge of the efficiency of the College.

(2) The Syndicate shall cause every such College to be inspected from time to time by one or more persons authorised by the Syndicate in this behalf.

(3) The Syndicate may call upon any College so inspected to take within a specified period, such action as may appear to them to be necessary in respect of the matters referred to in sub-section (1) of section 27.

30. Disaffiliation. (1) A member of the Syndicate who intends to move that the rights conferred on any College by affiliation be withdrawn in whole or in part, shall give notice of his motion, and shall state in writing the grounds on which the motion is made.

(2) Before taking the said motion into consideration, the Syndicate shall send a copy of the notice and of the statement mentioned in sub-section (1) to the Head of the College concerned, together with an intimation that any representation in writing submitted within a specified period on behalf of the College, will be considered by the Syndicate;

Provided that the period so specified may, if necessary, be extended by the Syndicate.

(3) On receipt of the representation or on expiration of the period referred to in sub-section (2), the Syndicate, after considering the notice of motion, statement and representation, and after such inspection by any competent person authorised by the Syndicate in this behalf, and such further inquiry as may appear to them to be necessary, shall make a report to the Senate.

(4) On receipt of the report under sub-section (3), the Senate shall, after such further inquiry (if any) as may appear to them to be necessary, record their opinion on the matter.

(5) The Registrar shall submit the proposal and all proceedings of the Syndicate and Senate relating thereto to the Government, who, after such further inquiry (if any) as may appear to them to be necessary, shall make such order as the circumstances may, in their opinion, require.

(6) Where, by an order made under sub-section (5), the rights conferred by affiliation are withdrawn, in whole or in part, the grounds for such withdrawal shall be stated in the order.

31. Regulations. (1) The Senate, with the sanction of the Government may from time to time make regulations consistent with this Act to provide for all matters relating to the University.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for

(a) the procedure to be followed in holding any election of Ordinary Fellows;

(b) the proportion in which the various Faculties shall elect their representatives to the Syndicate and the mode in which such election shall be conducted;

(c) the procedure at meetings of the Senate, Syndicate and Faculties, and the quorum of members to be required for the transaction of business;

(d) the appointment of Fellows and others to be members of Boards of Studies, and the procedure of such Boards and the quorum of members to be required for the transaction of business;

(e) the appointment and duties of the Registrar and of officers and servants of the University, and of Professors, Readers and Lecturers appointed by the University;

(f) the appointment of Examiners, and the duties and powers of Examiners in relation to the examinations of the University;

(g) the form of certificate to be produced by a candidate for examination under section 25, and the conditions on which any such certificate may be granted;

(h) the registers of graduates and students to be kept by the University, and the fee (if any) to be paid for the entry or retention of a name on any such register;

(i) the inspection of Colleges and the reports, re-turns and other information to be furnished by Colleges;

(j) the registers of students to be kept by Colleges affiliated to the University;

(k) the rules to be observed and enforced by Colleges affiliated to the University in respect of the transfer of students;

(l) the fees to be paid in respect of the courses of instruction given by Professors, Readers or Lecturers appointed by the University;

(m) the residence and conduct of students;

(n) the courses of study to be followed and the conditions to be complied with by candidates for any University Examination, 50* * * and for degrees, diplomas, licences, titles, marks of honour, scholarships and prizes conferred or granted by the University;

51(o) * * *

(p) the conditions to be complied with by candidates, not being students of any College affiliated to the University, for degrees, diplomas, licences, titles, marks of honour, scholarships and prizes conferred or granted by the University;

(q) the alteration or cancellation of any rules, regulation, statute, or bye-law of the Punjab University in force at the commencement of this Act by virtue of section 40;

(r) the preparation and maintenance of annual accounts and the audit thereof and the submission of the report thereon to the Government; and

(s) the constitution for the benefit of the officers, teachers, clerical staff and servants of the University, of such pension, insurance and provident funds as it may deem fit;

52[(t) adequate arrangement to ensure security of service for teachers of the Colleges affiliated to the University

(u) adequate arrangement for proper administration of the colleges other than Government Colleges affiliated to the University].

32. Powers-Levy of fees. The Senate may charge such reasonable fees for entrance in to the University and continuance therein, for admission to the examinations of the University, for attendance at any lectures or classes in connection with the University and for the degrees to be conferred by the University and for such other matters as may be specified by the Regulations.

33. Powers of Government. (1) The Government may require that the proceedings of the University shall be in conformity with this Act and with the Regulations and may exercise all powers necessary for giving effect to its requisitions in this behalf and may (among other things) annul, by notification, any such proceedings not in conformity with this Act or the said Regulations.

(2) The exercise by the Government of any powers 1 conferred under sub-section (1) shall not be liable to be called in question in any court of law.

34. Annual Accounts. The accounts of the income and expenditure of the University shall be submitted once in every year to the Government for such examination and audit as the Government may direct.

35. Notification. All appointments of the Vice-Chancellor, Fellows or the Registrar of the University, or cancellation thereof, all degrees, diplomas, titles, licences conferred by it and any Regulations made by it shall be notified in the official Gazette.

36. Cancellation of the appointment of Fellows. The Government may, on the recommendation of the Senate supported by at least two-thirds of the whole of number of Fellows, cancel the appointment of any person appointed or elected a Fellow of the University. As soon as such order is notified in the official Gazette, the person so appointed or elected shall cease to be a Fellow, and he shall not be eligible for re-appointment or re-election until the disqualification has been removed by the Government by notification.

37. Removal of Registered Graduates. The Chancellor, with the concurrence of not less than two-thirds of the members of the Senate, shall have power to remove the name of any person from the register of Registered Graduates.

38. Disputes as to constitution of the University. If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University the matter will be referred to the Chancellor, whose decision thereon will be final.

5339. Territorial exercise of powers. The Government may by notification define the territorial limits within which, and specify the colleges in respect of which, any powers conferred by this Act shall be exercised.

40. Continuance of Rules and temporary measures. (a) Unless otherwise expressly provided for any appointment, notification, order, scheme, regulation form or bye-law made or issued under the Punjab University Act, 1882 (XIX of 1882), read with the Indian University Act, 1904 (VIII of 1904), shall, so far as it is not inconsistent with the provisions of this Act, continue in force and shall be deemed to have been made or issued under this Act unless and until it is superseded by an appointment, notification, order, scheme, rule, statute, regulation form or bye-law made under this Act.

(b) The examinations to be held in or after November, 1947, by the Punjab University shall be held by the University and the results declared and degrees, diplomas, titles and licences conferred in such manner as may be specified by provisions made in this behalf by the Government.

41. Special temporary powers of Government. (a) 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 first giving effect to the provisions of this Act, the Government may at any time before any authority of the University has been constituted, by order make any appointment or do anything, consistent so far as may be with the provisions of this Act, which appears to it necessary or expedient for the purposes of removing the difficulty, and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act.

(b) In particular and without prejudice to the generality of the foregoing powers orders may be passed by the Government providing for

(i) the election of Fellows under section 13;

(ii) the election of the Syndicate to ensure its continuity; and;

(iii) the constitution of Faculties and the allocation of Fellows thereto.

54[THE SCHEDULE

(See Section 12)

List of Ex-officio follows:

1. Chief Minister, Punjab.

2. Chief Minister, Haryana.

3. Chief Minister, Himachal Pradesh.

4. Chief Justice, High Court of Punjab and Haryana.

5. Education Minister, Punjab.

6. Education Minister, Haryana.

7. Education Minister, Himachal Pradesh.

8. Administrator of the Union Territory of Chandigarh.

9. Director of Public Instruction, Punjab.

10. Director of Public Instruction, Haryana.

11. Director of Education, Himachal Pradesh].

55[12. Director of Public Instruction, Chandigarh].

SCHEDULE II

56[* * *]

1. For Statement of Objects and Reasons, see East Punjab Government Gazette, 1947, page 86; for proceedings in the East Punjab Legislative Assembly, see East Punjab Legislative Assembly Debates, 1947, Volume I, pages 200-205 and pages 216-246.

2. For Statement of Objects and Reasons, see East Punjab Government Gazette (Extraordinary), 1948, page 629; for proceedings in the East Punjab Legislative Assembly, see East Punjab Legislative Assembly Debates, Volume III, 1948, pages 309-312.

3. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1953, pages 574-575.

4. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1955, page 746.

5. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1956, pages 526-527.

6. For Statement of Objects and Reasons, see Punjab Government Gazette, Extraordinary 1957, page 368.

7. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1960, page 1964.

8. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1962, page 558.

9. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1969, page 1064.

10. Substituted for the words East Punjab by the Adaptation of Laws Order, 1950.

11. [Received the assent of his Excellency the Governor of East Punjab on the 26th November, 1947, and was first published in the East Punjab Government Gazette (Extraordinary) of 1st December, 1947].

12. Substituted for the words East Punjab University Act by Punjab Act 9 of 1956, section 2.

13. Substituted for the words Government of Punjab by Government of India Notification No. S.O. 3372, dated the 1st November, 1966.

14. Substituted for the words East Punjab by the Adaptation of Laws Order, 1950.

15. Substituted by Punjab Act 33 of 1960, section 2.

16. Substituted for the words East Punjab by the Adaptation of Laws Order, 1950.

17. Substituted for the words the Punjab University by the Adaptation of Laws Order, 1950.

18. Section 8 substituted by Punjab Act 9 of 1956, section 3.

19. Section 9 substituted by Government of India Notification No. S.O. 3372, dated the 1st November, 1966.

20. Section 10 substituted by Punjab Act 9 of 1956, section 4.

21. Sub-section 2-A inserted by Punjab Act 2 of 1957, section 2.

22. Sub-section (1) and (4) of section 11 omitted by Punjab Act 9 of 1956, section 5.

23. Sub-sections (1) and (4) of section 11 omitted by Punjab Act 9 of 1956, section 5.

24. Section 12 substituted by Punjab Act 6 of 1962, section 2.

25. Substituted for the word eleven by Government of India Notification No. S.O. 2324, dated the 29th June, 1968, which was previously substituted for six by Government of India Notification No. 3372, dated the 1st November, 1966.

26. Section 13 substituted by Punjab Act 9 of 1956, section 7.

27. Clause (a) substituted by Government of India Notification No. S.O. 2531, dated the 9th July, 1968.

28. Clauses (d) to (g) substituted by ibid and clause (g) omitted by S.O. 4912, dated 6th December, 1969.

29. Clause (i) substituted by Government of India Notification No. S.O. 3372, dated 1st November, 1966.

30. Explanation to clause (j) inserted by Government of India Notification No. S.O. 2531, dated the 9th July, 1968.

31. Substituted for clause (f) or clause(g) by S.O. 4912, dated 6th December, 1969.

32. Substituted for sub-section (6) by S.O. 4912, dated 6th December, 1969.

33. Substituted by Adaptation of Laws Order, 1950, for East Punjab .

34. Substituted for the old sub-section by Punjab Act 55 of 1953, section 2.

35. Proviso omitted by Punjab Act 9 of 1956, section 8.

36. Substituted by ibid, section 9.

37. The bracket and letter (g) omitted by S.O. 4912, dated the 6th December, 1969.

38. Substituted by Punjab Act 9 of 1956, section 10.

39. Substituted by ibid, section 11.

40. Substituted by Punjab Act 9 of 1956, section 12.

41. The word and omitted by Punjab Act 8 of 1962, section 3.

42. Clause (ba) renumbered for clause (bb) by Government of India Notification No. S.O. 2324, dated the 29th June, 1968, which was inserted by Punjab Act 6 of 1962, section 3.

43. The word and omitted by Government of India Notification No. S.O. 3372, dated the 1st November, 1966.

44. Clause (bb) renumbered for clause (bbb) by Government of India Notification No. S.O. 2324, dated the 29th June, 1968, which was inserted by Government of India Notification No. S.O. 3372, dated the 1st November, 1966.

45. Clause (bc) inserted by Government of India Notification No. S.O. 2324, dated the 29th June, 1968.

46. Sub-section (5) inserted by G.O.I. Notification No. S.O. 1887, dated 25th May, 1970.

47. Section 21 substituted by Punjab Act 9 of 1956, section 13.

48. The words for matriculation and omitted by S.O. 4912, dated the 6th December, 1969.

49. Section 26 substituted by Punjab Act 9 of 1956, section 14.

50. The words other than an examination for Matriculation omitted by S.O. 4912, dated the 6th December, 1969.

51. Clause (o) omitted by ibid.

52. Sub-clauses (t) and (u) added by ibid.

53. The Government of India Notification No. S.O. 3748, dated the 12th September, 1969 reads as follows: S.O. 3748. In exercise of the powers conferred by section 72 of the Punjab Re-organisation Act, 1966 (31 of 1966) and of all other powers enabling him in this behalf, the Central Government hereby directs that the Punjab University constituted under the Punjab University Act, 1947 (East Punjab Act 7 of 1947), shall cease to function and operate in the areas of districts of Patiala, Sangrur, Bhatinda and Rupar in the State of Punjab. Sub-section (1) of section 25 of the Punjab School Educational Board Act, 1969 reads as follows: 25.(1) As from the commencement of this Act, the Punjab University Act, 1947 in so far as it is applicable to School Education in the State shall stand repealed.

54. The Schedule substituted for Schedule I firstly by Punjab Act 6 of 1962 then by Government of India Notification No. S.O. 3372, dated the 1st November, 1966.

55. Added by Government of India Notification No. S.O. 2324, dated the 29th June, 1968.

56. Schedule II omitted by Punjab Act 33 of 1960, section 6.