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[* * *]