Punjab act 010 of 1987 : The PUNJAB STATE UNIVERSITY TEXT BOOK BOARD CHANDIGARH

PUNJAB STATE UNIVERSITY TEXT BOOK

BOARD CHANDIGARH

An Institution Established Under the Govt, of India Medium Switch-over Scheme

MEMORANDUM

And

ARTICLES OF ASSOCIATION

(Amended upto January 31, 1987)

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EX-OFFICIO

1. Education Minister, Punjab, Chairman.

2. Secretary to Government Punjab, Education Dept., Vice-Chairman..

3. Director, Punjab State University Text-Book Board, Secretary to the Government Body.

4. Vice-Chancellor, Panjab University, Chandigarh.

5. Vice-Chancellor, Punjabi University, Patiala.

6. Vice-Chancellor, Punjab Agricultural University, Ludhiana.

7. Vice-Chancellor, Guru Nanak Dev University, Amritsar.

8. Director, Languages, Punjab, Patiala.

9. A representative of the Ministry of Human Resource Development Department Education, Govt, of India.

10. A representative of Commission for Scientific & Technical TerminologyGovt,of India

Vide Rule 10 (b) of the Memorandum of Association

11. Dr. Gurdev Singh Gill, Assistant Director Dept. of Adult 19-9-1986 Continuing Education and Extension, to

Panjab University, Chandigarh. 18-9-1989

Vide Rule 10 (c) of the Memorandum of Association,

12. Prof. Prithipal Singh Kapur, pro Vice-Chancellor Guru 29-1-1987 to Nanak Dev University, Amritsar 28-1-1990

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1. The name of the Society is the "Punjab State University Text-Book Board."

2. The registered office of the society (The Punjab State University Text-Book Board)shall be situated at Chandigarh,

3. In this Memorandum and the Articles unless the context otherwise requires

(a) The Board shall mean "The Punjab State University Text-Book Board."

(b) The General Council shall mean the General Council of the Board as constituted by its total membership indicated in the Articles.

(c) The Government shall mean the Government of Punjab.

OBJECTS

4. The objects of the Board are as under :—¹

(a) To discharge its overall, responsibility for the implementation of the Medium Switch-over Programme at the University level in a coordinated manner and to exercise all financial and executive Powers under the general supervision of the Government.

(b) To develop the potential of the Panjabi language to enable it to become an effective medium of instruction and examination at the University level as well as a successful vehicle for expression of specialized knowledge in different subjects.

(c) To undertake and/or sponsor independently or through the agencies of the Universities of the State, the Languages Department and other academic bodies, etc., production of Text-books (through original writing, translation and adaptation) basic reference material, dictionaries, terminology, subjects-journals, research papers and digests, etc.

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(d) To Arrange and/or sponsor orientation courses in all the subjects including the professional courses for University/College teachers to enable them to teach in Punjabi.

(e) To assist and advise the Universities of the State in approving of the University level Text-books brought out by private authors and publishers.

(f) To assist and advise the Universities of the State in prescribing the courses of studies for various subjects so as to ensure co-ordination in the preparation of syllabi of Text-books to the maximum extent possible and desirable.

(g) To evolve methodology, aids and means for study, teaching and dissemination of the Punjabi language as medium of instructions and examination at the university level.

(h) To co-operate with the Government in the switch-over to Punjabi as the medium of administration.

(i) To set up in due course a Publication and. Sales Bureau with a Revolving Fund for the furtherance of the objects of .the Board on a continuing basis.

(j) To extend co-operation and assistance to organizations and individuals in the Medium Switch-over Programme and to provide incentives, in the form of prizes or any other manner, with a view to encouraging private initiative in this direction.

(k) To facilitate co-ordination and communication among various Indian Languages.

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(l) To take steps, as may be necessary, incidental or conducive to the attainment of all or any, of the objects of the Society.

5. A copy of the Articles of the Board certified to be a correct copy by three members of the Society is filed along with this Memorandum of Association.

6. We, the several persons, whose names and addresses are given below, having associated ourselves for the purpose described in this Memorandum do hereby subscribe our names to this Memorandum of Association and set our several and respective hands hereunto and ourselves into a Society on 20th day of June 1970.

Sr. No. Names, address and occupation of members Signatures

of members

Names,

address and

occupations

of witness

Signatures

of witnesses

1. Sh. Parkash Singh Badal, Chief Minister, Punjab

2. S. Surjit Singh, Education Minister Punjab

3. S. H.S. Chinna, I.A.S. Secretary of Government Punjab, Finance Department

4. S. Kulwant Singh I.A.S Secretary to Government Punjab, Education Department

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5. Dr. M.S. Randhawa Ex. ICS Vice Chancellor

Punjab Agricultural University Ludhiana

6. Shri. SurajBhan, Vice-Chancellor, Panjab University Chandigarh

7. S. Kirpal SinghNarang, Vice Chancellor,

Punjabi University, Patiala

8. S. Bishan Singh Samundri, Vice Chancellor, Guru Nanak DevUniveristy Amritsar

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CONSTITUTION OF THE BOARD

1. The Board shall consist of the following categories of the members who collectively may also be referred to as the "General Council" of the Board

(a) Ex-Officio Members :

1. The Education Minister, Punjab. ...Chairman of the Board

2. The Secretary, Education, Punjab. ...Vice Chairman

3. Joint Secretary, Education, Punjab. ...Secretary of the Board

4. The Director of the Board. ...Deputy Secretary of the Board

5. The Finance Secretary, Punjab.

6. The Vice-Chancellor, Panjab University, Chandigarh. '

7. The Vice-Chancellor, Punjabi University, Patiala.

8. The Vice-Chancellor, Punjab Agricultural University, Ludhiana.

9. The Vice-Chancellor, Guru Nanak Dev University, Amritsar.

10. The Director, Languages Department, Punjab, Patiala.

11. The Director, Public Instructions (G) Punjab, Chandigarh.

(b) Nominated Members:

Four suitable persons to be nominated by the Government from among the academic/literary/educational circles.

(c) Representatives of certain bodies :

1. A representative of C.S.I.O., Chandigarh.

2. A representative of the Ministry of Human Resource Development, Department of Education, Government of India, New Delhi.

3. A representative of the University Grants Commission, New Delhi.

4. A representative of N.C.E.R.T., New Delhi.

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5. A Representative of Commission for Scientific & Technical Terminology, New Delhi.

(d) Co-opted Members :

Four suitable persons to be co-opted by the General Council from among the academic/literary/educational circles.

(i) When a person becomes or is nominated as a member of the Board by virtue of an office or appointment held by him/her (ex-officio Member), his/her membership shall terminate when he/she ceases to hold that office and the vacancy so caused shall be filled by his/her successor to that office.

(ii) A person, who is a member as a representative of an organization, shall cease to be such member when his representation is withdrawn by the organization. The vacancy so caused shall be filled by another representative of that organization.

(iii) A nominated/co-opted member of the Board shall relinquish his/her membership on the expiry of three years from the date on which he/she is so nominated/co-opted, but he/she shall be eligible for re-nomination/re- co-option.

(iv) A nominated/co-opted member of the Board shall cease to be a member if he/she dies, resigns, becomes of uri-sound mind, is adjudicated insolvent or is convicted of criminal offence involving moral turpitude or if he/she is removed by the General Council from the membership of the Board for his/ her continued absence from three consecutive meetings. PROVIDED that no such removal shall be ordered unless an opportunity has been afforded to the person concerned to show cause against the proposed action.

(v) Whenever a nominated/co-opted member desires to resign from the

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membership of the Board, he/she shall send a letter containing his/her resignation addressed to the Vice-Chairman of the Board (Secretary to Punjab Government, Education Department) and the resignation shall take effect as soon as it has been delivered.

(vi) Any vacancy in the membership of the Board j other than that of the ex- officio member, shall be filled up by the co-option/nomination by the authority entitled to make such co-option/nomination and the person nominated/co-opted in the vacancy shall hold office only for the un- expired period of the term of the membership.

PROVIDED that vacancies in the different categories of membership shall be filled up as early as possible in terms of these Articles.

(vii) Each member of the Board including the Chairman shall have one vote and if there shall be an equality of votes on any question to be determined, the Chairman shall have a casting vote.

(viii) Every meeting of the Board shall be presided over by the Chairman and in his absence from any meeting by the Vice-Chairman. At least 7-day notice (exclusive of the days of dispatch of notice and the holding of the meeting) specifying date, place and time of the meeting shall be given. The meeting may be called with the consent of all the members by a shorter notice in such manner as the members think fit. POWERS OF THE VICE-CHAIRMAN

1. The Vice-Chairman of the Board may exercise powers of the Government as enumerated in the Punjab Financial Rules and Civil Services Rules.

DELEGATION OF POWERS

2. (a) The Vice-Chairman may delegate his powers to the Secretary of the Board or the Director of the Board to the extent of his competency.

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POWERS OF THE BOARD REGARDING CREATION OF POSTS

3. The Board may create posts carrying the maximum scale of Rs. 1000/-. Posts carrying the maximum pay scale of Rs. 1500/- may be created with the sanction of Education Department of the Government and those carrying scale of pay above Rs. 1500/- should invariably be created with the approval of the finance department of Punjab Government.

AUTHORITIES OF THE BOARD

4. The following shall be the authorities of the Board :—

(a) The General Council.

(b) The Governing Body.

(c) Any other Committee or Sub Committees which the General Council/Governing Body may set up for discharging any one or more of their functions or duties.

POWERS AND FUNCTIONS OF THE GENERAL COUNCIL

5. (a) The General Council shall have the following functions and powers namely

(i) To exercise general control and superintendence over the affairs of the Board and its income, property and expenditure.

(ii) To lay down the general policy for the furtherance of its objectives.

(iii) To consider and approve the programme of work to be undertaken in each financial year as recommended by the Governing Body.

(iv) To consider and approve the annual budget of the Society as prepared and recommended by the Governing Body. A copy of the approved budget shall be submitted to the Government before the first of March every year.

(v) To make rules and bye-laws for the conduct of the affairs of the Board

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and to add, to amend, vary or rescind them from time to time.

(vi) To delegate any of its powers to any of its authorities.

(vii) To elect one member from amongst the nominated/co-opted members to the Governing Body.

(a) The annual meeting of the General Council shall take into consideration, inter alia, the following items :—

(i) The annual budget of the Board.

(ii) The Administrative Report of the preceding year and outlines of the programme for the ensuing year.

(iii) The balance-sheet containing a summary of the properties, assets, liabilities and the financial statement for the previous financial year duly certified by the Auditors.

PROCEEDINGS TO BE SUBMITTED TO GOVERNMENT

6. The proceedings of each meeting of the General Council shall be submitted to the

Government for information. - '

FINANCIAL & EXECUTIVE POWERS OF GENERAL COUNCIL

7. The General Council will exercise all the financial and executive powers in respect of the Board as are enjoyed by the Cabinet in the Punjab Government.

DELEGATION OF POWERS BY GENERAL COUNCIL

8. The General Council may delegate its powers to any Committee formed by it to run the functions of the Board.

MEETING AND QUORUM OF GENERAL COUNCIL

9. There shall be at least two meetings of the General Council in an year. A special meeting may be called by the Chairman of the Board either on his own initiative or at the request of at least one-third of the existing membership of the

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General Council. 9-A The General Council of the Board as well as its other authorities indicated in these Articles shall function subject to the condition of quorum notwithstanding any vacancy in any of the authorities and no act or proceedings of the Board or of its authorities shall be invalid merely by reason of the existence of a vacancy or vacancies.

9-B One-third of the existing members shall constitute the quorum at a meeting of the General Council.

CONSTITUTION OF THE GOVERNING BODY

10. The Governing Body shall consist of the following members; namely :—

(a) EX-OFFICIO MEMBERS :

(i) The Education Minister, Punjab.. Chairman.

(ii) The Education Secretary, Punjab Vice-Chairman/Acting Chairman.

(iii) The Director of the Board..„..Secretary.

(iv) TheVice-Chancellor, Panjab University, Chandigarh.

(v) TheVice-Chancellor, Punjabi University, Patiala.

(iv) TheVice-Chancellor, Punjab Agricultural University, Ludhiana.

(vii) TheVice-Chancellor, Guru Nanak Dev University, Amritsar.

(viii) The Director, Languages Department, Punjab, Patiala.

(ix) A representative of the Ministry of Human Resource Development Department of Education, Govt, of India.

(x) A representative of Commission for Scientific & Technical Terminology, Govt, of India.

(b) NOMINATED MEMBER :

A nominee of the Chairman of the Board from amongst its nominated/ co-opted members :

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(c) ELECTED MEMBER :

One person elected by the General Council from amongst its nominated/ co-opted members.

PROVIDED that the nominated/elected members shall remain members of the Governing Body for a period of three years provided further that they shall be eligible for re-nomination/re-election to the Governing Body.

POWERS AND FUNCTIONS OF THE GOVERNING BODY

11. The Governing Body shall have the following functions and powers, namely

(i) To execute the programme of work as approved by the General Council, in the context of the general guidelines laid down by the Board and to conduct the management of the affairs of the Board.

(ii) To create and sanction posts in both the academic and administrative wings of the Board and to fill up the same by direct recruitment, promotion, transfer or deputation from the Government and the Universities. The scales of pay and allowances of staff should by and large correspond to those in the Universities in Punjab ; for experts and technical persons, special grades of 'pay may be sanctioned with the approval of the Finance Department. In each case, adequate job description, qualifications and experience required for each post should be clearly stated.

(iii) To acquire and hold property ; provided that prior approval of the Government is obtained for the acquisition of immovable property.

(iv) To deal with any property belonging to or vested in the Board for the furtherance of the objects of the Board; provided that prior approval of the Government is obtained for the disposal of

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immovable property.

(v) To maintain a fund to which shall be credited :—

(a) All moneys provided by the Central and the State Governments.

(b) All moneys received by the Board by way of grants, gifts, donations, benefactions, bequests or transfers.

(c) All moneys received by the Board in any other manner or from any other source.

N.B. "The sale proceeds on account of the publications of the Board shall be kept in a separate account and shall be ploughed back in the form of a Revolving Fund. Similarly, the sale proceeds on account of such publications of the Universities, the Languages Department or any other body as are financed or underwritten by the Board, shall be kept in separate accounts and credited to the Revolving Fund of the Board.

(vi) To meet the expenses of the Board including expenses 'incurred in the exercise of its powers and discharge of its functions.

(vii) To prepare and maintain accounts and other relevant records and to prepare an annual statement of account including the balance sheet of the Board.

(viii) To forward annually to the General Council and the State Government the accounts of the Board as certified by an Auditor appointed by the Board.

(ix) To do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objectives of the Board.

(x) To perform such additional functions and to carry out such duties as may from time to time be assigned to it by the State Government.

(xi) To enter into agreement for and on behalf of the Board for the furtherance of its, objectives.

(xii) To appoint Committees, study groups for disposal of any business of the

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Board or for expert advice in any matter pertaining to its objectives.

(xiii) To determine terms and conditions of service of the functionaries and employees of the Board.

(xiv) To affiliate with the Board such other bodies as have objects similar to those of the Board.

(xv) To deposit the moneys credited to the fund of the Board with such a Bank or to invest them in such a manner as be deemed proper.

(xvi) To file suits and follow legal proceedings for safeguarding its rights,

(xvii) To make provisions on any matter pertaining to the administration of the affairs of the Society for which no provision exists in the Articles.

MEETING AND QUORUM OF GOVERNING BODY

12. (i) The meeting of the Governing Body shall be convened by the Chairman as and when necessary.

(ii) The quorum for a meeting of the body shall be five or l/3rd of the members whichever is less.

APPOINTMENT OF DIRECTOR

13. The Board shall appoint a suitable person with high academic qualifications and administrative experience as its Principal Executive Officer to be designated as

"Director". The terms and conditions of service (including those relating to deputation in the case of a deputationist) shall be determined by the Governing Body of the Board. The Board may entrust the charge of the post of Director to any member till the appointment of a whole-time officer as and when deemed necessary.(See Appendix B)

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FUNCTIONS OF THE DIRECTOR

14. The Director shall be the Custodian of the records of the Board and such other property as the Board may commit to this charge. He shall prepare and present the annual budget for the consideration and approval of the Governing Body and the General Council. He shall submit proposals from time to time for fulfillment of the objectives and performance of the functions of the board for consideration and sanction by the authority concerned and implement the same after due approval. He shall also exercise such other junctions and responsibilities as may be delegated to him from time to time by the Governing body / Vice Chairman.

POWERS OF THE DIRECTOR

15. The Director shall be the Head of the Institution and shall be at par with the Head of the department in Government Offices. The Director shall exercise all the powers of the Heads of Department as laid down in the Punjab Financial Rules and Punjab Civil Services Rules.

APPOINTMENT OF FINANCE AND ACCOUNTS OFFICER

16. The Board shall take on deputation from the Government from time to time an officer of suitable status to work as Finance and Accounts Officer of the Board. It shall be the duty of the Finance and Accounts Officer to maintain the accounts of the Board under the supervision of the Director and assist him in all Financial matters.

INSTRUMENTS

17. All orders and other instruments relating to the Board shall be expressed in the name of the Board and shall be executed for and on behalf of the Board by the Director of the Board.

CONTRACTS & ASSURANCES

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18. All contracts and assurances of properties shall be expressed to be made in the name of the Board and shall be executed for and on behalf of the Board by the Director of the Board.

AUDIT OF ACCOUNTS

19. The accounts of the Board shall be got audited by the Chartered Accountant/ Auditor to be appointed by the Governing Body. T.A. & D.A TO MEMBERS OF THE BOARD

20. T. A. and D. A. to members of the Board, its authorities, and Sub- Committees shall be paid as per entitlement of the member so far as the Government officials as well as University members are concerned. Those who do not fall into these categories maybe given T. A. and D. A. as permissible to a University Senator.

SUITS

21. The Board may sue or be sued through its Director.

REVIEW OF WORK AND PROGRESS

22. The State Government may at any time appoint one or more persons to review the work and progress of the Board and to void an enquiry into the affairs there of and to report thereon, in such manner as the state Government may stipulate. Upon receipt of any such report, the State Government may take such action and issue such directive as it may consider necessary in respect of any of the matters dealt within the report as the case may be and the Board shall be bound to comply with such directions.

INVESTMENTS

23. All cases involving investment of Rs. 5 lakhs and above shall be referred to

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the Finance Department of the Government through the Education Department for prior approval."

DIRECTIONS BY GOVERNMENT

24. Notwithstanding anything contained in any of the Articles, the Government may from time to time issue such directions as it may consider necessary in matters of broad policy and in like manner may vary and annul any such directive. The Board shall give immediate effect to the directive so issued.

WINDING UP OF THE BOARD

25. If on the winding up or dissolution of the Board there shall remain after satisfaction of all its debts and liabilities any assets and properties whatsoever, the same shall not be paid to or distributed among the members of the Board or any of them but shall be dealt with in such manner as the State Government may determine.

ALTERATION OR ABRIDGEMENT OF PURPOSES

26. Subject to the prior approval of the Government, the Board may alter, extend or abridge any purpose or purposes for which it is established provided that the due procedure prescribed in that behalf has been followed.

ALTERATION OF ARTICLES

27. These Articles may be altered by the Board with the consent of the Government at any time by a resolution passed by a majority of two-third of the members present at the meeting of the Board which shall have been convened for the purpose after giving due notice of such resolution to the members of the Board.

VALIDITY OF DECISION ALREADY TAKEN

28. The decisions already taken by the existing Board and its Executive

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Committee shall be deemed to have been duly taken by the Board now registered under the Societies Registration Act, 1860.

AMMENDMENTS

Amendments made in the articles of Association are shown in Appendix 'A'

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Appendix (Amendments made in the Articles of Association)

The following amendments were made vide proceedings of meeting 22-9-1971.

Articles 1 (a)(i) The Chief Minister, Punjab, Chairman of the Board.

(ii) The Education Minister, Punjab, Chairman of the Board in place of Chief Minister.

(iii) The Secretary, Education, Punjab, Vice-Chairman of the Board in place of Education Minister, Punjab.

(iv) The Joint Secretary/Deputy Secretary, Education, Punjab, Secretary of the Board in place of Secretary, Education, Punjab.

Article 5 ...Deleted being redundant.

Article 8 ...(e) The Standing Committee

Article 1 2 ...The Education Secretary, Punjab, Vice-Chairman/ Acting Chairman.

Article 16 ...Deleted .......

Amendments made vide proceedings of meeting held on 12-6-1974

Article 2 (new) Powers of Vice-Chairman. Article 2-A (new) Delegation of powers by Vice-Chairman. Article 3 (new) Powers of the Board regarding creation of posts. Article 7 (new) Financial powers of General Council. Article 8 (new) Delegation of powers by General Council. Article 1 5 (new) Powers of Director-

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Amendments made vide proceedings of meeting held on 21-8-1979

Article 1 0 (New) A representative of the Ministry of Human Resource Development, Department of Education, Govt, of India. A Article (New) A representative of Commission for Scientific & Technical Terminology Govt, of India.

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APPENDIX 'B'

The Governing Body & General Council of the Board Vide item No. 7 of their meeting held on 24-6-1983 have approved the following qualifications for the post of Director, Punjab State University Text Book Board.

(1) M.A. in Punjabi I Class or High II Class having more than 55%marks with ' Ph. D. as additional qualification. Preference will, however, be given to those having M. A. Degree in Punjabi as well as English. In case of M.A. in Punjabi only he must have English as Elective Subject upto Degree level.

(2) Should be an eminent writer/scholar in the field of Punjabi language and literature. Details of original creative work and published research be given.

(3) Minimum administrative experience of 10 years in a recognized University/ College or Government Institution.

(4) Minimum teaching experience of 10 years in a recognized University/ College and also 5 years experience of editing and vetting of text books/ reference books.

OR

Minimum 5 years experience of teaching in a recognized University/College and minimum ten years experience of editing and publishing text books/ reference books.

(5) Should have sufficient knowledge/experience of editing academic Journals.

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List of the members of the General Council EX-OFFICIO

1. Education Minister, Punjab, Chairman.

2. Vice-Chairman Board (Secretary Education, Punjab).

3. Joint Secretary Education, Punjab.

4. Director Board, Deputy Secretary.

5. Finance Secretary, Punjab.

6. Vice-Chancellor, Panjab University, Chandigarh.

7. Vice-Chancellor, Punjab Agricultural University, Ludhiana.

8. Vice-Chancellor, Punjabi University, Patiala.

9. Vice-Chancellor, Guru Nanak Dev University, Amritsar.

10. Director, Languages, Punjab, Patiala.

11. Director Public Instructions (Colleges) Punjab, Chandigarh.

Vide Rule 1 (B) of the Memorandum of Association

12. Prof. M. C. Bhardwaj, 3097/1, Sector 44-D, Chandigarh. 24-4-1986

13. Principal Dan Kaur, Lyallpur Khalsa College for ItoWomen, Jalandhar. I23-4-1989

14. Sh. J. S. Parmar, Advocate, Hoshiarpur. J

15. Dr. Gurdev Singh Gill, Assistant Director, Deptt.n29-7-1986 to of Adult Continuing Education and Extension, I28-7-1989Panjab University, Chandigarh. J

Vide Rule 1 (C) of the Memorandum of Association

16. A representative of the Government of India, Ministry of Human Resource Development, Department of Education, Shastri Bhawan, New Delhi.

17. A representative of University Grants Commission, New Delhi.

18. Director, National Council of Educational Research & Training(N.C.E.R.T.)

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Aurobindo Marg, New Delhi.

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