Punjab act 025 of 2015 : The Akal University Act 2015

..

PUNJAB GOVT. ^GAZ.

(EXTRA),

JUNE

04,

2015 ¹²⁷

(JYST ^{14, 1937}

SAKA)

PART I

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE

AFFAIRS,

PUNJAB.

NOTIFICATION

The 4th

June,

2015

No.26-Leg.12015.-The following ^Actofthe

Legislature ^{of the}

State^of Punjab

received^theassent^oftheGovernor^of

Punjab ^onthe19th

day ^of

May, 2015, ^is

hereby published ^for

general

infonnation:-

THE AKAL UNIVERSITY

ACT,

2015

(Punjab ^ActNo.25of

2015)

AN

ACT

to establish

and

incorporate

a

University

in the State

of Punjab

to be known as^the

Akal

University

for

the purposes of making provisions for instruction,

teaching , education, research,

training ^andrelated activities al all

levels in

disciplines of higher

education

including professional, medical, technical,

general

education,

language ^and

literature, ^andto provide for ^themailers connected

therewith^orincidental

thereto; Whereas the

Kalgidhar Society,

Baru

Sahib,

Himachal

Pardesh, registered

under^theSocieties

Registration ^{Act, 1860 (XXI of}

1860),made ^a proposal ^totheState Government^for

setting up ^a

self-financing University ⁱⁿ the State of

Punjab

on the basis of the

Punjab

Private

Universities

Policy,

20 IO to make

provisions

for

all

the streams of

higher

education at all

levels; Whereas the State Government after due

consideration of the

said proposal ^oftheaforesaid

society ^hascometothe

conclusion^thattheaforesaid society ^is

capable ^of

establishing ^and

running ^the

University ^and

accordingly has

accepted

its

proposal

for the

establishment

of

the said Private

University; And whereas in the circumstances referred

above,

it

is deemed

expedient to establish

the Akal

University

for the aforesaid purposes. BE it enacted

by

the

Legislature

of the

State of

Punjab

in the

Sixty

Sixth Year of the

Republic

oflndia,

as follows:-

1.

(1)

This Act may be called the Akal

UniversityAct,

2015.

Short

title and commencement.

(2) ^Itshall^comeintoforce^onandwitheffect^{fromthedateof its} publication ^{in the}Official Gazette.

Definitions.

128 PUNJAB GOVT. GAZ.

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2. In this

Act,

unless

the context otherwise

requires,- (aJ

'Academic

Council' means^theAcademic Council^ofthe University;

(b)

'authorities' means^theauthorities^ofthe

University; (c)

'Board^of

Management'

means^theBoard^of

Management ^of the

University; (d)

'Board^ofStudies' means^a

body, ^tobeconstituted

by ^the Governing Body; (e)

'campuses'

means^a

contiguous ^areawithin which ^the University ^is

situated;

(I)

'Chairman' means^theChairman^ofthe

Society; (g)

'Chancellor' means^theChancellor^ofthe

University; (h)

'Chief Finance ^and

Accounts Officer' means^theChief Finance and

Accounts Officer of^the

University; (i)

'Dean' means ^aDeanofthe

University;

U) 'Governing Body'

means^the

Governing Body ^ofthe University;

(k)

'institution' means^aninstitution^orinstitute^or

college ^or academic centre

(by

whatever name^itmay^be

called)

run or managed by ^the

'University'

within^thecampus; (/)

'prescribed'

means

prescribed

by ^the

statutes,

ordinances^and regulations; (m)

'Registrar'

means^the

Registrar ^{of the}

University;

(n) 'Society'

means^the

Kalgidhar Society, ^Baru

Sahib,

Himachal Pardesh,

registered

under^theSocieties

Registration

Act, ¹⁸⁶⁰ (XXI ^of

1860); (o)

'State Government' means^theGovernment^oftheState^of Punjab;

(p)

'statutes',

'ordinances'^and

'regulations' ^meanthe

statues, ordinances ^and

regulations

of the

University,

made

by

it under this

Act; (q)

'teacher' includes

Professor, Reader,

Associate

Professor, Assistant

Professor,

Lecturer^andany such other person who imparts

instruction ^inthe

University;

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(r)

'University'

means^theAkal

University

established under section 3 of this

Act; (s)

'Vice-Chancellor' means^the

Vice-Chancellor^ofthe

University; and

(I)

'Visitor' means^the

Visitor^ofthe

University.

3.

(1)

There shall be

established a

private University by

the name Establishment of of ^the

Akal

University

in the State of

Punjab. ^the

University.

(2) ^The

University

shall ^berun^and

managed by ^the

society ⁱⁿ accordance with the

provisions

of this Act.

(3) ^The

University

shall^bea

body corporate by ^thename mentioned ⁱⁿ Sub-section

(I)

and shall have

perpetual

succession and a common seal. It shall have the power

to

acquire,

hold,

dispose

of

property

both moveable and immoveable and to make contract and shall sue and be sued

by

the said name.

(4) ^The

headquarters ^ofthe

University

shall^be

located at Talwandi Sabo,

District

Bathinda,

Punjab.

(5) ^The

University

shall^beself-financed^andit

shall not^beentitled to receive any grant

or other

financial assistance

from

the State Government.

4.

The

objects

of

the

university

shall

be,- Objects

of the 11;1 t id ^{r ··}

hi

d ^.

h d University.I'/ o

prov,

e ror

mstrucuon,

teac

mg,

e

ucation,

researc an training ^atalllevels^inall

disciplines ^of

higher

education including professional,

medical, technical,

general

education and in any

other stream and

subject,

as

per the needs

of the industry ^{and the}

society ⁱⁿ

general,

as

may^be

deemed necessary by

the

University through

all

the modes of education as

may

emerge

or become relevant in

future ;

(ii) ^to

promote ^the

academic

aspirations ^ofthe

rural students ;

(iii) ^toundertake

industry

oriented

teaching,

training

and

research, extension programmes and to

provide employable

skills with a view to contribute to the

development

of the

society;

(iv) ^to

provide ^for

research, creation,

advancement and dissemination of

knowledge,

wisdom and

understanding;

(v) ^to

encourage ^and

motivate

leading

industrial houses^for

setting up ^atthe campuses their

respective corporate

institutes for academia

industry nexus;

Powers and functions of ^the lJ n iversi ty.

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(vi) ^todisseminate

knowledge ^soastomakeitaccessible^toall strata of

the

society;

(vii) ^to

promote ^the

Punjabi

studies ^to

provide ^forresearchⁱⁿ Punjabi

Language ^andLiterature ^andtoundertake measures for ^the

development

of

Punjabi

Language,

Literature and Culture; ^and

(viii) ^todoallsuch

things ^{as maybe}necessary ^ordesirable^to further the

objects

of the

University. S. ^The

University

shall have ^the

following powers and functions^tobe exercised and

performed

by ^itor

through ^itsofficers ^and

authorities, namely:-

(i) ^tomake

provisions ^and

adopt ^allmeasures

(including

adoption and

updating

of the

curricula)

in

respect

of

starting

courses of

study, teaching, training,

research, consultancy

and

granting affiliation

relating ^tothecourses

through

traditional^aswell^as new innovative

modes

including ^online education

modes;

(ii) ^toconduct examinations^for

granting ^or

conferring

Doctorate, Masters,

Degrees, Diplomas ^and

Certificates;

(iii) ^toinstitute^and

confer ^the

designation ^of

Professor,

Associate Professor,

Assistance

Professor, Reader,

Lecturer^{or any} other

equivalent designation, ^as

may^be

required

by ^the University ^initscampuses ^oritsinstitutions ^{and to}

appoint persons ^assuch;

(iv) ^toinstitute^and

award

fellowships, scholarships, studentships, exhibitions, ^as

may^be

prescribed;

(v) ^to

provide ^for

equivalence ^{of the}

degrees, diplomas ^and certificates of

the students

completing

their courses

partially or in full

from any other

recognized

University,

Board or Council or

any other

competent authority ⁱⁿ

India;

(vi) ^to

provide ^fordual

degree, diploma ^orcertificate

vis-a-vis other Universities on

reciprocal

basis;

(vii) ^toset

up central

library, departmental

libraries,

museums^and allied matters within ^thecampus;

(viii) ^todemand^andcollect ^feesandother

charges, ^{as maybe} prescribed;

(ix) ^to

hold, manage^andrunthefunds^ofthe

Society ^and

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endowments

createdⁱⁿfavour of^the

University;

(x) ^toinstitute ^andconfer

honorary degrees, ^as

may^be

prescribed;

(xi) ^to

print ^and

publish ^theworks^{of the}academic excellence and to establish chairs of

excellence;

(xii) ^totake

special

measures^forthe

spread ^of

educational facilities amongst ^the

educationally backward strata of

society;

(xiii) ^to

encourage^and

promote sports;

(xiv) ^tocreate

technical, administrative,

ministerial^andother necessary posts

and^tomake

appointments

thereto;

(xv) ^toreceive

grants ^fromthe

University

Grants Commission^and other Central or State

agencies;

(xvi) ^toreceive^andtoraise loans^andadvances^forthe

University;

(xvii) ^toundertake research

projects ^on

mutually acceptable

terms and conditions

in

respect

of

agriculture,

industry ^and

business; {xviii) ^to

provide

consultancy

services;

(xix) ^to

encourage^and

promote

extra-curricular activities^for personality development ^{of the}

students,

teachers^and employees ^ofthe

University;

(xx) ^to

purchase, acquire ^andtakeonlease^or

mortgage,^any immovable or movable

property ^andto

sell, lease, mortgage. alienate and transfer any immovable or movable

property belonging ^toorvested ^inthe

University;

(xxi) ^to

prescribe ^thefeestructure^forvarious

categories ^of students;

(xxii) ^toseekcoJlaboration ^with

other institutions^on

mutually acceptable

terms^and

conditions;

(xxiii) ^to

fix,

determine ^and

provide

salaries,

remunerations, honoraria to teachers and

employees

of the

University ⁱⁿ accordance with the norms

specified

by

the

University

Grants Commission;

(xxiv) ^todo

self-certification,

which shall^be

exempted ^from

obtaining any permission, approval,

license,

certificate, ^no

objection certificate or authorization from the State

Government or

any other

body set-up by ^theState

Government;

5

Jurisdiction ^of University. Officers of the University. The Visitor.

132.

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(xxv) ^toframe

statutes,

ordinances ^and

regulations ^for

carrying ^out the

objects

of the

University;

and

(xxvi) ^to

perform ^allsuchother

functions,

which^maybenecessary or desirable

in furtherance of the

objects

of the

University.

6.

(])

The

University

shall exercise

its

jurisdiction

within its campuses.

(2) ^The

University

shall affiliate^toitthose educational^or

professional institutions, established, ^runor

managed

by ^the

Society

within ^the

campus with

regard ^towhich a

specific

decision

is taken

by ^the

Society.

7. The

following

shall ^bethe officers of the

University,

namely:-

(i) ^the

Visitor;

(ii) ^the

Chancellor;

(iii) ^the

Vice-Chancellor;

(iv) ^the

Registrar;

(v) ^theDeans^{of the}

faculties;

(vi) ^theChief

Finance^andAccounts Officer; ^and

(vii) ^suchother officers^ofthe

University, ^{as maybe}declared

by the statutes, ^tobe ^theofficers ^ofthe

University.

8.

(1) ^TheGovernor of

Punjab

shall ^bethe Visitor of^the

University.

(2) ^TheVisitor shall

preside ^overtheconvocation ^{of the}

University ^for conferring degrees ^and

diplomas.

(3) ^TheVisitor shall ^havethe

right ^tocallforanyinformation

relating to the affairs of the

University.

(4) ^The

Visitor, ⁱⁿconsultation ^withthe

Chancellor,^may

cause^the inspection,

scrutiny, investigation, surveyor inquiry ^{or any}other^{such like}

thing to be made

by

such person, ^ashe may direct in

respect

of

administrative, academic or executive matters^ofthe

University.

(5) ^TheVisitor

shall, ⁱⁿevery case, give

notice^tothe

University ^ofhis intention to cause^the

inspection,

scrutiny, investigation, survey ^or

inquiry^or any other such like

thing ^tobe made and the

University

shall

appoint ^a representative, ^whoshalIbe

present ^atsuch

inspection, scrutiny, investigation, survey ^or

inquiry ^or

any

other such

like

thing, ^asthe^case

may be.

(6) ^TheVisitor may inform^theVice-Chancellor

about^theresults^of

6

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such

inspection,scrutiny,

investigation,survey

or

inquiry and

the

Vice-Chancellor shall

communicate to

the

GoverningBody,

the

views of

the

Visitor

along

with such

advice, as the

Visitor may have

tendered and the

action to

be

taken on such

advice.

(7) ^{The Vice}

Chancellor shall inform the Visitor about the action

taken or

proposed

to be taken

by

the

University with

respect

to the

inspection,scrutiny, investigation, survey, inquiry, or

any other

such like

thing,

as the case

may be.

(8) ^IftheState

Government considers it

appropriate

in

public

interest to make

inspection, scrutiny,

investigation, survey

or

inquiry, as the case

may be, ⁱⁿ

respect

of any

matter

relating

to

the

University or its

institutions, a reference shall

be made

by

the State

Government to the

Visitor,

who

shall,

in consultation with the

Chancellor, cause such

inspection, scrutiny,

investigation, survey ^or

inquiry, ^tobe made.

9.

(/)

The

Chairman shall be the

Chancellor of the

University

and The

Chancellor.

•Ille•• nace of the

Visitor,

the

Chancellor shall

preside

over the convocation ?i--·&...: ^.--&

hilly. he I app.oue •

IIIPOintments,nominations, removals, suspensions

and rcinstatc:nkillS cl

Ille

employees

and

officers of the

University

either suo moto oron thcrea-1• rwh«ion of

the

authority

concerned of

the

University.

(3) ^The

Cllancellormay amend or revoke any decision taken

by any authority ^orofficer of

the

nnasity

and may exercise his powers either suo moto or otherwise to do all

things

lo

facilitate the smooth

functioning of the University.

(4) ^The

Chancellor shal I

have the power

to do all such other

functions, as

may be

required

to do in

furtherance to the

objects

of the

University

and any

matter

incidental thereto and the

decision taken

by

the

Chancellor shall be final and

binding

on all concerned

of the

University.

(5) If, ^inthe

opinion

of the

Chancellor, any decision of any officer or authority ^orthe

University

is

beyond

the power conferred under

this Act or the statutes or

ordinances or

regulations or is

likely

to be

prejudicial

to

the interests of the

University,

he shall ask such

officer or

authority

to

revise

its decision within a

period

of

fifteen

days

and

in case the

officer or

authority refuses to

revise such

decision,

wholly

or

partly

or fails to

take any decision within a

period

of

fifteen

days,

the

decision of

the

Chancellor shall be

final. ( 6) If,

at

any time, upon the

representation made or

otherwise,

it

appears

7

TheVice- Chancellor. The

Registrar.

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to the Chancellor that the

Vice-chancellor or

any other officer of the University,-

(a) ^hasmadedefaultⁱⁿ

performing any duty imposed upon^him under this Act or

otherwise;

or

(b) ^hasacted^inamanner

prejudicial^totheinterests ^ofthe

University; or

(c) ^is

incapable ^of

managing ^the

affairs^{of the}

University, the chancellor may, notwithstanding

the

fact that term of that officer

has not expired, by ^anorderⁱⁿ

writing ^and

stating ^thereasons

therein,

require ^the Vice-Chancellor or the officer to

relinquish

his office from

such

date, as

may be

specified

in

order. The

Vice-Chancellor or officer concerned shall be deemed to have

relinquished

his office from the date so

specified; Provided that'no such order shall be

passed,

unless the

grounds

on which

such

action is

proposed

to be taken are communicated to the

Vice- Chancellor or officer

concerned

and he is

given

reasonable

opportunity

of being

heard.

10.

(1)

The Vice-Chancellor shall

be

appointed by

the Chancellor from

amongst

the

panel

of three persons recommended

by

the

Governing Body.

(2) ^Noperson shall^be

appointed

as

Vice-Chancellor,

unless he possesses such

qualifications,

as are

specified by

the

University

Grants Commission.

(3) ^The

Vice-Chancellor shall^betheoverall

in-charge of the

University, who shall

exercise

general superintendence

and control in the affairs of the University ^and

shall execute^the

decisions^ofvarious authorities

of the University.

(4) ^{Incaseof the}absence ^ofthe

Visitor

and the

Chancellor,

the Vice- Chancellor shall

preside

over the

convocation of the

University.

(5) ^TheVice-Chancellor

shall exercise ^suchpowers and

perform

such functions, as

may^be

prescribed.

11.

(])

The

Registrar

shall be

appointed

by

the

Chancellor from amongst ^the

panel ^ofthree

persons recommended

by ^the

Governing Body.

(2) ^Noperson shall^be

appointed

as

Registrar,

unless

he possesses such

qualifications

as are

specified by

the

University

Grants

Commission.

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( 3) ^The

Registrar

shall

sign ^allcontracts^andauthenticate^alldocuments or records for and on behalf of

the

University. (./) ^The

Registrar

shall ^bethe

Member-Secretary ^ofthe

Governing Body, ^theBoard^of

Management ^andtheAcademic Council^{but he}

shall^not have the

right

to vote.

(5) ^The

Registrar

shall exercise^suchother powers^and

perform ^such other

functions, as

may be

prescribed. Accounts Officer.

12.

(

1)

The Chief Finance and Accounts Officer shall be

appointed ^TheChief Finance and

by ^theChancellor^insuchmanner, ^as

may^be

prescribed.

(2) ^Noperson shall^be

qualified ^tobe

appointed ^asChief Finance ^and Accounts

Officer,

unless he

has

passed

the Chartered

Accountancy

Test conducted

by ^the

Institute of

Chartered

Accountants of India.

(3) ^The

Chief Finance^and

Accounts Officer shall exercise^suchpowers and

perform

such

functions,

as

may^be

prescribed.

13.

(1) ^The

University may appoint ^suchother

officers, as it may

Other officers. deem necessary for its smooth

functi

(2) ^Themanner^of

appointment ^ofsuchother officers^ofthe

University md their powers and functions shall ^be

such,

as

may be

prescribed. Authorities of the

University.

14. The

following

shall be the authorities of the

University,

namely:-

(a) ^the

Governing

Body;

(h) ^theBoard^of

Management;

(c) ^theAcademic

Council; ^and

(d) ^suchother

authorities, ^as

may^bedeclared

by ^thestatutes ^tobethe authorities of the

University.

15.

(1)

The

Governing Body

of the

University

shall

consist of the The

Governing following persons, namely:-

Body.

(a) ^the

Chancellor;^:Chairman

(b) ^the

Vice-Chancellor;^:Member (c)

three

persons nominated

by ^the

Society, ^out of ^whomtwo shall be eminent

educationists;

(d) ^one

expert ^of

management ^orinformation technology;

(e) ^one

expert ^of

Finance,

nominated

:Mem

:

Chairperson : Member The Board of Management.

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(I) ^the

Secretary ^toGovernment^of

Punjab, Department ^of

Higher

Education^orhis representative ^not

below^therankof Joint

Secretary;

and

(g) ^oneeminent educationist nominated

b) ^the Secretary ^toGovernment^of

Punjab, Department ^of

Higher

Education ⁱⁿ consuhation with the

Chancellor.

(1) ^The

&waning Body

shall^bethesupreme body ^ofthe

University. It shall

perform

the

following

functions, namely:-

(a) ^to

pro ^...ide

general superintendence ^andto

give

directions^for controlling ^the

functioning ^ofthe

University ⁱⁿaccordance^withthe statutes. ordinances and

regulations;

(b) ^toreview^thedecisions^ofother authorities^ofthe

University ⁱⁿ case these are not in

conformity

with the pro, isions of the

statutes, ordinances and

regulations;

(c) ^to

approve^the

budget ^andannual

report ^ofthe

University;

(d) ^to

lay ^downtheextensive

policies ^tobefollowed

by ^the

University; and

(e) ^toexercise^suchother powers, ^as

may^be

prescribed by ^thestatutes.

(3) ^The

Governing Body

shall^meetatleast twice^inacalendar year.

(4) ^Thequorum^for

meeting ^{of the}

Governing

Body

shall^befive.

16.

(1)

The Board of

Management

shall consist of the

following members,

nameJy:-

(a) ^the

Chancellor^orhis

nominee;

(b) ^the

Vice-Chancellor;

(c) ^twomembers^ofthe

Society nominated

by

the

Society;

(d) ^the

Director ^ofthe

Directorate

concerned relating ^toeducation^as

representative ^ofthe State

Government; (e)

three persons,^whoarenotthe

members^of the

Society,

nominated

by ^the

Society;

(f) ^two

persons^from

amongst ^theteachers nominated

by

the

Society; ^and : Members : Member

: Members : Members