Punjab act 037 of 2011 : The Guru Kashi University Act, 2011

l lr I t,

Funi 'Y

v

Part F Part Il Part III Part I\/ Cor

EXTRAORDINARY

Published byf;uthority

DIGARH, MONDAY, DECEMBER 26, 2OII

Contents

Acts

'he Guru Kashi Llniversity Act, 201 I Punjab Act No, 37 of 201t ) Ordinanccs

Nit

Delegatcd Lcgislation

Nil

tion Slips, Republications and Replacemerrts Nil

:;: ( clxii )

1

"/.

PUNJAB

DEPARTMENT

known as the provisions for related qctivities at professional,

and literature and incidental thereto:

Whereas

propo,sal to the University in the i. Universities Policy, higher education at Whereas the

said proposal in t 2010, has come to is capable of

has, the re,

Private (Jniversity; And whereas

establi,sh the Guru ' GAZ.(EXTRA.), DEC. 26, 20rl

USA 5, 1933 SAKA)

l l3

PARTI

AND LEGISLAilVE AFEAIRS, PIJNJAB Notification

26th December, 201I

followingAct of the Legistature of the State of Punjab received the the Govemor of Punjab on the 24th December. 201 l, is hereby

informatibn :-

THE

SHI TJNIVERSTTY ACT. 2OII

Act No. 37 of 2011)

AN

ACT

to establish and i No.

201 0

I

a University in the State of punjab to be University, for the purposes of mtking teaching, education, research, training ancl in disciplines af higher education iticluclfug , general education, religious, languuge for the matters connectetl therewith or Trust hadtponsored and matle a

vernment for setting up a self financing Punjab on the basis of the punjab pnivate lo make provisions for all lhe streams ol' Governnrent, after due consicleration of lhe of the Punjab Private (Jniversities policy, that Balaji Educationql Trust (ReSd.) obligation and nmning the (Jniversitt, tuttl proposal for the establishment of the saitl circum$tances, it is deemed expediertt lo (hivcrsity Jbr the qfore.taid l)urpo$es

2

J.

Short aitlc 8nd commenccm€nt. De finitions. of Punjab in the Sixty- 1r {1/ This Act 6f,y:b'6 ait*id

fip Guru Kashi Universiga Be it enacted by the Legislature of the Year of the Republic of India, as follr It shall come into force at onoc. In this Act, unless the context othonfvise requiros,-

(a) "Academic Council" means the Academic Council of thc University ;

f,,

"Y"*,::*:1fi'mtbns a uoa[, to be constituted by the

PUNJAB GOVT GAZ. (E)(TRA.

DEC.26,20I I\'

(PAUSA 5,1933

Goveming Body; area within whiclrrre of the [Jniversitv :

"Chief Finance and Accounts Finance and Accounts Offrcer e'Dean" means a Dean of Sre

"Governing Body" m.eans University ;

(/c,/ "institLrtion" means any

or institute or college or 'it may.be +alled).

run or managed b,v the. S{Fg, orciirranceg and ll.

(2)

2.

(f)

G)

(h) (i)

0)

m s the Chief of the

(t)

(n)

(n)

(o)

' gistrar" means the

of the University ;

"State Government" means the

of thc Sur_rif

"statutes", ordinances and under this Act ;

3

(2)'t'he accordance with Road, Talwandi Sabo. Lr'

PIINJAB

cAZ. (EXTRA.), DEC. 26,20t1 115

5, 1933 SAIG)

@) "teachef' Assistant imparting or in any

(q) '"Trust" m Ptofessor, Reader, Associate Professor. Lecturer and any such other person, (r/ University me

n3

University established

under

anp the Guru

of this Act ;

on full time or part time in the University or" means the Vice-Chancellor of the the Visitor of the University. estaplished a private university by the name Establishment of in tfre State of Punjab. thc Unive rsitv

contfact and shall sue and be sued by th,: aid Objects of the

Un iversity

the society in general, as may be deerned

the University through all the .modes of

may emerge or become relevant in future ;

tjabi studies, to provide for research in Punjabi litenature and to undertake measures for the Un ivers

shall be

run and managed by the Trust in Act.the prov

of this

(3) The Universitv I be a body aorporate by the name mentioned in sub-seotion (,f and shall perpetual succession and a cqmmon ;eal. It shall have the power to ire, hold, dispose of property both nrov :rble (sJ "Vice-Cha

Urriversity

(f/ "vsitor" m

3. //) There shall of the Guru Kashi Uni and imrnoveable and to name.

necessary

education,

(4) The of thq University shall be located at Sarclulrarh :t Badhinda.

(5) The University I be self-frnanced and it shall not be entitled to r€cetve auy grant or other assistance from the State Government.

4. 'l'he objecrs of Unflversiry shall be,- (y' to provide

training at

teaching, education, research and in all disoiplines of .lrigher education including medical, technical. general education and in any m and subject, as per the needs ofthe industry

frl to make

ision for study and research on the lif-e and teaching of Gprus and their cultural and religious impact in the

of l[dian and world civilizations I

(iii) to prornote larrguage

ofPpnjabi language literature and culture

4

Powers and functions of rhe University.

PITNJAB GOVT GAZ. (EXTRA.), DEC. 26,2011 s-

(PAUSA 5,1933 SAKA)

(iv,) to. promote.lhe aoad€mio aspirations of the rural students :

(t dresearch,

skills with

society ;

(vi) to provide for research, creation, advancement and dissemination of knowledge, wisdorn and understanding ;

(vii) to institute degees, diplomas, ceftificates and other academic distinctions on the basis of examinations or any such other method ; and

(,t,iii) to do all such other_act and things, which may be necessary or desirable to further the objects of the Universitv. 5.. lhe Universrty shall have the following powers and functions to :::q"d and performed by or through^is

-officers

and authorities, lv:+

(y' to. make provisions for inskuction, teaching and researV relating to the eourses through traditional as well as new innova$ive modes includiqg onlia€ education modes ; (if to conduet and hold ereuninations grant or confer degrees, diplomas certificates, awards, grfrer, credits, acad-emic disfinctions as well as other Aistincgons and certificates l

(iii) to institute and confer the designation: of profe ssor, Associate Pfofessor, Assistaritprofessor, der, Lecturer or any other equivalent designation, as may be required by the Unh,crsity or its institutions and to appoint p€rsgns as such .,

(iv) to institute-and award fellowships, scholarslrips and studentships, .rs may be prescribed ;

to provide for lbnias and

certificates of s fullv or

partidly from Boari or

Council or any

to p.rovide for dual degree, diploma or certificate yr.r_d_r.,r.r other Universities on reoiprocal basis ;

to set up central library, departmental libraries, museums and allied metters i^.

to demand such fees and other charges as ma), be prescribed :

(v)

("t)

(viil

0iii1

5

I

13

PUNJAB (EXTRA.), DEC.26,20tl tt7

5, 1933 SAKA)

(ix) to

and run the funds of the Trust and in favour of the University ; (.r/ to inst d confer honorary degrees as may bo (xr.) to print ish the works of academic excellence :

(xii) tot*e eci the

m easures for increasi n g educati onal faci I ities lucationally backward strata of the sociery- ;

(xiii) to

(xiv) tn promote sports and martial arts ; adrninistrative, ministerial aud other and to make appointments thereto ;

(xv) to ts from the University Grants Commission and

or State agencies or any other person ;

(xvi) to accept gifts, donations and to raise loans and

(xvii) to projects on mutually acceptable tems and

respect of agriculture, :industry and (xviii)

(xix)

to^prov

to and pro e extra-currioul.ar aotivities for of the leachers, s,tudents and

em

to

tho University ;

ire and take on lease or mortgage any .movable property and sell, lease, mortg4ge, and

to

vested in the Universitv :

(xxi1

(xxii)

fee structure for varisus' gories of ion with other institutions on rnutuallv s and conditions I

(xxiii) to fix, ine and provide salaries, remuneratisns. and employees of the University in

the norms. specified by the tlniversity Grants to

stl

to

6

Officers of the l)niversit)', 'l he Visitor

PTJNJAB GOVT GAZ. (EXTRA.), DEC. 26,2011

(PAUSA 5, 1933 SAKA)

(xxiv) to do self-certification, which shall be exempted from obtaining any permission, approval, license, eertifioate,^no 'objection certificate, authorization or any other ilocument= from the State Government or any othor body set-up by the State Govemment or under any State Act or Central Act in so far as it is applicable to the State :

(xxv) to frame statutes, ordinances and regulations for carryirrg out the objects of the University ;^and

(xxvi) to do all such other acts, which may be necessarl, or' desirable to further the objects of the Univorsify.

6. The following shall be the offrcers of the Universitl,, namely :-

(i) the Visitor ;

(ii) the Chancellor ;

(iii) rhe Vice-Chancellor ;

(iv) the Registrar ;

(v) the Chief Finance and Accounts'bffrce. ; aud (vl) such other offrcers of the Universityi as may be declared by it by statutes to be the officers of the Universilv.

(1) The.Governor of Punjab shall.be the Visitor of the

(2) The Visitor shall preside over the convocation of the University co4fering degrees and diplomas. The Visitor shall have the right to call- any information relating to the affairs of the University. (l The Visitor, in consultation with the Chancellor, rnay cause the scrutiny, investigation, survey or lnquiry or any other such like ing'to be made by such person, as he may dir€ci in respect of adttinistrative, ic or e

(4) The Visitor shall, in every case, give notice to the Universitl of is intpntion fo cause the inspection, scrutiny, investigation, survey or inquin' any other such like thing to be made and the University shall appoint d who shall be present it such inspection, scnrtiny, investigation. or inquiry or any other such like thing as the case may te. (Il fhe Visitor may inform the Vice-Chancellor about the resuir:tf inspection, scrutiny, investigation, surryey or inquiry and tlre Vice-Chancellor shall communicate to the Coverning Body, the views of^the Visitqr alongwith such advice as the Visitor may have tendercd and the action to be taken on such advice.

7

PTINJAB GO

GAZ. (EXTRA.), DEC. 26,Z}tr 119

5, 1933 SAKA)

(6) The Yice lor shall inform the Visitor about the action taken or proposed to be

scrutiny, investigation,

case may be.

(7) If the State Govt to make inspection, scrutin such like thing, as the case University or its instituti Government to the Visitor cause the intended i other such like thing, to be E. (l) The Cha

byttre Universify with respect to the inspection, y, lnqutry or any other such like thing, as the nment considers it appropriate in public interest , rnvesrlgatlon, survey or inquiry or any other matter relating to the

made by the State

with the Chancellor.

in the absence of tbe Msitor

ot the University.

scrutiny, investigation,'survey or inquiry or any shall be the Chancellor of the University,and e ehancellor shall preside over the convocation aI am evoke any decision taken by any niverg may exercise his powers iither all npcessary things to facilitaie the smooth

all have thc porver to.do all such other acts.

the objects of the University and un1,,nott.i

isions taken b_r' thc Chancellor shalllbe final

of the Urriversitl .

The Chancellor

(2) The Chancellor and he shall decide or suspensions

either sao moto ot on the Universitv.

(3) The Chancellor authority or officer of the .ruo nrcto or otherwise to functioning of the Universi

(4) The Chancellor us may tre requireci to incidental thereto and thc and binding on all conce or authority of the Uni as he deems necessary and nrs actlon to such officer or dealt with the matter.

(6) lf, in the opinion or authority of the Universr or statutes. ordinances or prejudicial to the interests authority to revise its decr officer or authority refuses to take an;, decision r,l,ithin Chancellor. thercon shall oe rh polwers are conferred on an)/ other officer by.or under this Act, he rnay tale such aotion, rall, $ereafter, at the earliest possible. report

(5) If in the opinion the Ctrarrcellor, it is necessary to take immediate actlon on any matter foi wh ; who would have in the ordinary course

rf the Chancellor, any decision of anv officer

is beyond the powers conferred under this Act

:lations made thereunder or is likely to be

the University, he shall ask such offi"., o,

rvithin a period of fifteen days and in case the

revise such decision, wholl;, or partly, or fails

period of fi-fteen da1,s. tlie decision of the

nal.

8

'l'he Vice- Chencellor

PLTNJAB GOVT GAZ. (EXTRA.), DEC. 26,2011

(PAUSA 5,1933 SAKA)

verqity,-

(?) II, at anJ tim€; upon th€ reprosentdtion made or otherwise. it to the chancellor that the Vice-chanopllor or any othcr officer of

(a) has made default in performing any duty imposed upon hinr under this Act or othenrise; or

(b) has acted in a m&nner prejudicial to the interest of the University; or

(c) is incapable of managing the affairs of the Universiqv, the Chancellor rnay, notwithstand.ing the fact that the term of that officer has not expired, by an order in writinE and stating the reasons therein, require the officer to relinquiJ his office fiom suclr date, as may be specified in the order. T.hc. offioel concerned shall be deerned to have relinquished the office from the date so specified :

Provided that no such order shalt b€ passed, unless the gronnds on which such action -is proposed to be taken are communicated to that of$csr and he is given reasonable oppornrnity of being heard.

from

after

this

9. (I) The Vice-Chancellor shall be appoinied by tlrc Chancellor .the

panel of five persons recommended by the Governing l, subject to the provlsions of this Act, hold office for a term yo4rs:

Provided that the vice'chancelror shalr continue to hord office even ex4ir1, of his term, till new Vice-Chancellor joins, but, in any case, d phall not exceed one year. (2/ No person shall be appointed as Vice-Chancellor, unless he

les sqch qualifications, as may be prescribed by the University Grants issio4 or its equivalent body, created or ponstituted by the Cential

\J

autllorities of the University.

(4) ln case of absence of the visitor and the chanceilor, tlre Vice- llor gl..all preside over.the conr,ocation of the Universin,.

9

PTINJAB GO

GM. (EXTtur,), DEC. ?6,2An

t2l

(PA

5, 1933 SAI(A)

(5) The Y such duties, as may be

10. (I) The shall be appointed by the Chancellor fr.om a 'lhe Rcgistrar pa,ue! of three names

by'the Governing Body in sucn manner, as may be prescribed.

/2) No person shall appointed as Registrar nnless fre posriesses such qualifioations as may be

bed by the Ulriversity Grants Commission or its equivalent body crea

or constituted by thel Central Governmont. (J All coutracts

be authenticated by the

be signed and a.ll docurnents and records shall on behalf of the Liniversit,..

G) The Regishar i3o'Xy, the Boar-d of have the right to vote,

6) The Registrar such other duties, as may I rcise such other rJolyet.s rL (1) Tlre.Chief Fi llor shall exercise suoh powers and perform ribed.

ll be the Mernber-Secretary of the Governinq rlent and Acadernic Council but he shall n

Thc Covcrnlng ttody

PLNJAB GOVT GM,. (EXIRA.

DEC.26.20lr

(PAIJSA 5,¹⁹³³

)

14.. (!) The Governing BodY of the persons, nanlely :'-

the Chancellor ;

the Vicc-Chancellor :

three persons nominatcd

by thc '[mst. out of

two shall be emlnent

educationists ;

(d) one expert of or inlbrmadon technology from outside the Uni i nominatod by the

(e)

one expert of ftnance nonrinated by the (.f) the Secretary to of P.snJab,

Higher ldrcatio*uhb @ one errinent educationist ntiminatecl by the

to Governtnent of

Departrnent of Higher Educatibn in consultation with the (ihancellor. rh"t ***;.

Chairpersorr

.. Member -

. Members Membec

N{,:^{} o} Mernk:

(a.)

(b)

k)

0) TheGoverning Body sha$ be rle

boriy irf the t.Jltii'cnit) exercise the feillowiag pdvtiers.

(a) to provide geaeral and to give directions foi controlling^therng of.the Universib'ⁱⁿ accoidance Nith th€,.

rcgu[ations:

statutes, ordinaqr*i^and

(br to re\ie$ the dcci*iotrr of other authorities nf thi Unir ersit\ in case these not in corrfrlrmitl *ith the pro\ isir)|rs oi thg:$a*$es. ofdinance: and^.r egulatii'i' :

11

PUNJAB GOVT AZ. (EXTRA.). DiiC. 26,20n 123

(PA

A 5, 1933 SAKA)

(c) to

the budget and annual report of the the extensive policies to be followed hy the Universitl,

(d)

to lay University (fl

(3,) The calendar year. to fecoml

the Uni

f'.uictioni inspite of the statut d to the Trust, the voluntary liqLridation of ty, if such situation arises rvheu smooth of the Univ:rsity dces not rerrain possible, I efiorts : and

lo exerotse

cb other powers, as may be prescribed by Governin^g

Body shall meet at least rwice in a (4.) 'fhe quorurn lbr

15. (// The l3oar

(c) fu,o

tQ. '[hc Acqdemic Council.

in the constitution cifthe authoritv or body ;

1'r JAB GOVT GAZ. (EXTRA,.), DEC. 20tl

PI.INJAB GOV (EXTRA.), DEC.26,20tt 127 5, t933 SAKA)

Porvcr 19 6614 rcgulations, PLINJAB GOVT cAZ. (EXTRA.), DtsC. 26,201r

\Y

Other funds Annual acoount and audit

')f

Ll^. 'l'ransitory provisions. llctcal and savir)g PUNJAB GOVT cAZ. (EXTR,A,.),