Punjab act 006 of 2012 : The Adesh University Act, 2012

10 Jul 2012
Department
  • Department of Higher Education

PUNIAB GOVT GAZ. (EXTRA), JULY 10,2012 19

(ASAR 19, 1934 SAKA)

PARTI

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

Notitieation

'The [Oth July, 2012

No. 9-Leg/2012.—The following Act ofthe Leglsature ofthe State of | Punjab recelved the assent ofthe Governor of Punjab on the 6th July, 2012, i roby published for general information

'THE ADESH UNIVERSITY ACT, 2012

(Punjab Act No, 6 of 2012)

act

to establish and incorporate a Univesity in the State of Punjab 10 be now 1s the Adesh University for the purposes of making provsions for instruction, leaching, education, research, traning and related aetvties a all levels in disciplines of higher educarin cluding professional, medical recfnical, general 'ducation, language and lterotre, art and culture, management, tourism and hospitality and to provide forthe maters connected therewith ar incidental thereto

Wheress the Adesh Foundation made & proposal to the State Government fo sting up a slfsfnancing University in the State of Punjab fon the basis of the Punjab Private University Policy, 2010 to make provisions forall the seams of higher education at all levels

Whereas the State Government, after due consideration of the said proposal of the aforesaid Foundation, has come to the conelusion thatthe aforesaid Foundation is capable of establishing ad runing the University and accordingly has accepted ts proposal for the establishment of the said Privat

University

'And whereas in the circumstances referred above its deemed expedient

to establish the Adesh University forthe aforesaid purposes.

Be it enacted by the Legislature of the State of Punjab in the Sixty-

third Year of the Republic of Inia, as follows —

1, (2) This. Aet may be called the Adesh Univesity Act, 2012

£2) It shall come imma fore at once.

2. ln this Act, unless the content otherwise requires —

(2) *Acedemis Council' means the Academic Council of the University

()'authortis* means the authorities of the University ; () 'Board of Mansgement® means the Board of Management of the University 5

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(@ "Board of Studies' means bod, t9 be constiuted by the Governing Body

(©) 'campuses' means the campuses of the University including coff-campuses cenites, offshore campuses centres and regionel campuses ;

@ Chairman' means the Chairman of the Foundation (@) —Chancelle' means the Chancellor of the Universi :

(0) 'Chief Finance and Accounts Officer' means the Chief Finance and Accounts Officer of the University (Dean means a Dean of the Universiy;

) —oundation' means the Adesh Foundation registered under the Societies Registration Act, 1860 (XXI of 1860); Governing Body' means the Governing Body of the University

@)"nsttation' means an istntion or institute of callege or academic centre (by whatever name it maybe called) run 'or managed by the University, within or ouside the State of Punjab ;

(im) 'prescribed' misans prescrbd by the statutes, ordinances and regulations;

(a) Registrar" means the Reglsrar of the Universiy ;

(0) 'State Government" means the Government of the Site of Puna

() —'Stautes', "ordinances' and "regulatons* mean the statutes, ordinances and regulations of the University, made by it under this Act ;

(@ 'eacher* includes Professor, Reader, Assocate Professor, 'Assistant Profesor, Lecturer and any such other person, imparting instruction on full ime or part time basis in the University or in any of is institutions ;

() Univers" means the Adesh University established under section 3 of this Act

4) "Viee-Chancellor" means the Vice-Chancellor of the University and

Visitor" means the Visitor ofthe University Fabien of 3. 2). Ther shall be established a pevate University by the name of meUshemir the Adesh University in the State of Puniab.

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PUNJAB GOVT GAZ. (EXTRA), JULY 10, 2012

(ASAR 19, 1934 SAKA)

(@) The University shall be un and managed by the Foundation in sccordanee with the provisions of this Act.

(2) The University shal be a body corporste by the name, mentioned {in sub-section (2), and shall have perpetual suveessfon and a common sal: It shall have the power to acquire, hold, dispose of property both moveable and immoyeable and to make contrac, and shall sue and be sued by the said name. (The headguarers of the University shall be located at Vilage and Post Office Bhucho Kalan, Tesil Nathana, Dist Bathinda,

(9) The University shal be a self-financed and it shall ot be entitled 19 feceive any grantor other financial assistance from the Ste Government.

4. 'The objects ofthe University shall be — (to provide for instruction, teaching, education, research and trainingatal eels inal disciplines of higher education including professions, medial, technical, general education, language tnd literature, art and culture, management, tourism and hospitality 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 throughall the modes ofedveaton 'as may emenge or become relevant in future ; (Go promote the academic aspirants ofthe rural students ¢ (al) so underiake induste oriented teaching, training and research, 'extension programmes and to provide employable skils witha view to cantrbute tothe development of the society:

(i) to provide for research, creation, advancement and Aissemination of knowledge, wisdom and understanding ; (#) toencourage and motivate leading industrial houses fr setting up atthe eampuses their espective corporate institutes for academia industry nexus

(vi) to disseminate knowled strata ofthe society 50-85 t0 make it accessible 10 all

(ii) 10 promote Punjabi statis to provide for research in Punjabi Language and Literature and to undertake measures for the evelopment of Punjabi Language, Literature and Culture and

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(ASAR 19, 1934 SAKA)

(sili) 10 do all such things, as may be necessary or desirable to Further the objects ofthe Univesity. Powe nd 5. _The University shall have the fllowing powers and funtion, tobe GERM exercised and performed by it of through its officers and authorities, aely — 2 ('© make provisions for instruction, teaching and research, relating to the courses through traditional as well as new innovative modes including online education modes:

(i) toconduct and hold examinations and grantor confer degrees, diplomas, centifieates, awards, grades, credits, honozary degrees, aeademic distinctions as well as other distinctions and ceriieations; (at), insitwe and confer the designation of Professor, Associate Professor, Reader, Assistant Professor, Lecturer or any other 'equivalent designation, as may be required bythe University 'or its institutions, and to appoint persons as such ;

(iv) twinstituweand award fellowships, scholarships, studentships, exhibition. as may be prescribed

(1) 10 provide for equivalence of the degrees, diplomas and cettifcates of the students completing their courses fom !ny other University, Bard, Council or anyother competent authority

(0) provide for dual degree, diploma or cerifiate vis-a-vis 'other universities on reciprocal basis; (ot) toset up central library, departmental libraries, museums and allied matters;

(ill) to demand such fees and other charges, as may be preseribed

(42) 'to hold, mangge and run the funds of the Foundation and 'endowments created in favour ofthe University

(9) '0 institute and confer honorary degrees, as may be prescribed;

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PUNJAB GOVT GAZ. (EXTRA), JULY 10,2012 23

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(ASAR 19, 1934 SAKA)

'o print and publish the works ofthe academic excellence; to take special measures for the spread of educational facilities amongst the educationally backward strata of society

to encourage and promote sports;

to create technical, administrative, ministerial and other 'ecessary posts and to make appointments thereto; to receive grants from the University Grants Commission and other Central o State Agencies ;

{0 receive and to raise loans and advances for the University

to undertake research projects on mutually acceptable terms and conditions in respect of agriculture, industry and business

to provide consultancy services:

to encourage and promote extra-curricular activities for personality development of the students, teachers and employees ofthe University ;

to purchase, acquire and take on lease or mortgage, any immovable or movable property andto sll, lease, mortgage. alienate and transfer any immovable oF movable property belonging oor vested in the University;

to prescribe the fee structure for various eatezories of students

to seek collaboration with other institutions on mutually acceptable terms and conditions

to fix, determine and provide salaries, remunerations and honoraria othe teachers and employges of the University in Bevordance with the norms specified by the University Grants Commission

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(xxl) to do self-centfication, which shall be exempted from 'obtaining any permission, approval, license, cetificat, no 'objection certificate or authorization from the State Government or any other body set-up by the State Government

ev) 10 frame statutes, ontinances end regulations for carrying i, 'out the objects ofthe University ;

(exvi) _toset-vp eonstitvent colleges, institutions off-campus centres, offshore centres and zonal or regional centres, study centres, learning centres (by whatever name these may be called), 1s per the guidelines of the University Grants Commission and the instructions issued by the State Government fiom, timeto time; and

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(2) The University shall affiliate to it those educational or professional institutions, established, run or managed bythe Foundation with 'regard to which a specific decision is taken by the foundation, (ties arts 7,_The following shall be the officers ofthe University, namely — a2 WtheVistor;

(the Chancellor;

(ii) the Vice-Chancellor

(4) the Deans ofthe fale () the Resistor;

(ri) the Chiet Finance and Accounts Officer: and

(i) such other oficers ofthe University as may be declared by the statutes, to be the officers of the University The Vator 8. (1) The Governor of Punjab shall be the Visitor ofthe University (2). The Visitor shall preside over the convocation ofthe University for conferring degrees and diplomas,

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(9)_The Visitor shall have the right to call for any information relating to the affairs of the University

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PUNJAB GOVT GAZ. (EXTRA,), JULY 10,2012 25

(ASAR 19, 1934 SAKA)

(4) The Visitor, in consultation with the Chancellor, may eause the inspection, serutiny investigation, surveyor inquiry or anyother such like thing to be made by such person, as he may direct in respect of administrative, academic or executive matters ofthe University. (9). 'The Visitor shal, in every case give notice tothe University of his mention to cause the inspection, sertiny, investigation, survey or inquiry or anf other such like thing to be made and the University shall appoint a Fepresentative, who shall be present at such inspection, serutiny, investigation, survey or inquiry, or anyother such like thing s the case may be

(6) he Visitor may inform the Vice-Chancellor about the results of such inspection, sertny investigation, surveyor inquiry and the Viee-Chancllor 'hall communicateto the Governing Body, the views ofthe Visto alongwith such advice, as the Visitor may have tendered and the action to be taken on such advice

(2. 'The Vice-Chancellor shall inform the Visitor about the action taken or proposed tobe taken by the University with respect to the inspection, ynvestization, survey inquity, or any other such like thing, as the ease (fhe State Governmenteonsidersit appropriate in public interest to make inspection, scrutiny, investigation, surveyor inquiry, as the ease may bo, in respect of any matter relating 0 the University or its institutions, @ reference shall be made by the State Government othe Visitor, who shall, in

consultation withthe Chancellor, cause such inspection, srutny, investigation,

survey or inquiry, to be made,

9. (1) "The chairman shall be the Chancellor of the University and in theabsence ofthe Visitor, the Chancellor shall preside over the convocation of the Univers,

@). The Chancellor shal be the Chairman ofthe Governing Body and he shall approve all appointments, nominations, removals, suspensions and reinstatements of the employees and officers of the University either swo-moto or on the recommendation of the authority concerned of the Universi.

(3). The Chancellor may amend or revoke any decision taken by any authority or officer ofthe University and may exercise his powers either sw:

'moto or otherwise todo all necessary things to facilitate the smocth functioning, ofthe University

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(1) The Chancellor shall have the poste odo all such other functions, a5 may be required to fuer the objects of the University and any matters Inidental thereto and the decisions taken by the Chancellor shal be final and binding on all concerned of the University

(9) Af inthe opinion ofthe Chancellor, any devsion oF any officer or suthoriy of the University is beyond the powers conferred under this Act of the states or ordinances or regulations or is likely to be prejudicial to the imerésts of the University, be shall ask such officer of authority to revise its decision within a period of fifteen days and in ease the officer or authority refuses to revise such decision, wholly or pany or fils to tke any decision Within & period of fifteen days, the decision of the Chancelior thereon shall be final

(6) M, a any time, upon the representation made of otherwise, it appears to the Chancellor thatthe Viee-Chaneellr or any othe officer ofthe Universi, —

(2) as made default in performing any duty imposed upon him under this Act of otherwise ; or

(2) Is acted in a manner prejudicial to the interests of the Universiy + or

(6) is incapable of managing the affairs of the University, the Chancellor may, notwithstanding the (act that term of that officer has not expired, by an order in writing and stating the reasons therein, require the officer to relinguish his fie from such dat, as may be specified in the 'order. The offizer concerned shall be deemed t0 have rlingushed his office From the date ¢o specified

Provided that no such order shall be passed, unless the grounds on which such action is proposed to be taken are communicated to that offer and he is piven 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) No person shall be appointed as Vice-Chancellor, unless he possesses such qualifications, as are specified by the University Grants Commission

(3). The Vice-Chancellor shall be the overall in-charge of the Universiy, who shall exereise general soperinendence and contol in the alls ofthe University and shall execute the decisions of various authorities of the Univers

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PUNJAB GOVT GAZ. (EXTRA.), JULY 10,2012 27

(ASAR_19, 1934 SAKA)

(4) in case of the absence of the Visitor and the Chaneelor, the 'Vice-Chancellor shall preside over the convocation of the University,

(9) The Vice-Chancellor shall exercise such powers and perform 'sch functions, as may be prescribed M1, (1) 'The Registrar shall be appointed by the Chancellor fom amongst the panel of three persons recommended by the Governing Body. No person shall be appointed as R gistra, unless he possesses such qualifications as are specified by the University Grants Commision,

(9) The Registrar shall sign all contracts and authenticate all documents 'or records for and on behalf of the University (4. 'The Registrar shall be the Member-Secretary of the Governing Body, the Board of Management and the Academic Couneil but he shall not have the right to vote

(9) The Registrar shall exercise such other powers and perform Such other functions, as may be prescribed, 12, (1) "The Chief Finanee and Accounts Oflicer shall be appointed by the Chancellor in such manner, as may be preseribed No person shall be qualified tobe appointed as Chiet Finance and Accounts Officer. unless he has passed the Chartered Accountancy. Test conducted by the Instiute of Charred Accountants of India.

(9) The Chiet Finance and Accounts Ortier shall exercise such powers and perform such functions, as may be prescribed,

13. (1). The University may appoint such other officers, a it may deem necessary for its smooth functioning 2), The manner of appointment of sch ather officers ofthe University tnd their posers and functions shall be such, as may be prescribed. 14, The following shall be the authorities of the University,

ppamely =—

(). the Governing Body 5

(4) the Board of Management:

(iy) the Academie Council and

(iv) such other authorities, as may be declared by the statutes to bbe the authorities ofthe University

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(ASAR 19, 1934 SAKA)

following persons, namely -— sore 45, (1) The Governing Body of the University shall consist of the

(0) the Chancetlor; Chairman @) the Vice-Chancellor; Member (@) three persons nominated Members by the Foundation, cut of 'whom two shall be eminent

edveationst

(@) one expert of management or Member

information technology :

(@) one expert of finance Member nominated by the Chancellor; the Secretary to Government of Member

Punjab, Department of Higher

Eavcation or his representative

not below the rank of Joint

'Secretary ; and

(one eminent edveatonist,

nominated by the Secretary to

Govemment of Puniab,

Department of Higher Education

in consuation with the Chancellor,

(2)_ The Goveening Body shall be the supreme body ofthe University 1 shall perform the following funetions, namely

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© @ @ to provide general superintendence and t0 give directions for controlling the functioning of the University in accordance: with the statutes, ordinances and regulations :

to review the decisions of other authorities of the University in ease these are notin conformity withthe provisions of the statues, ordinances and regulations fo approve the budget and annual report of the University:

to lay down the extensive policies to be followed by the Universi and

to exercise such other powers, as may be prescribed by the statutes

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(ASAR_19, 1934 SAKA)

(8). The Governing Body shall met atleast twice in a calendar year (The quorum for meeting of the Governing Body shall be five,

16. (2). The Board of Management shall consist of the following, Te Bost ot members, namely -— Managemen

(2) the Chancellor of his nominee ; Chairperson 2 ) the Viee- Chancellor Member

(©) two members of the Foundation Members nominated by the Foundation

(@) the Director of the Directorate Member 'concerned relating 19 education

as representative of the State

Government;

() three persons, who are not

'the members of the Foundation

nominated by the Foundation

0 persons from amongst Members

the teachers nominated by

the Foundation; and

(@) two teachers nominated Members by the Vice-Chancellor

(2) The Board of Management shall exercise such powers and perform such functions, as may be prescribed.

(9) The Board of Management shall me calendar year

least twice in a

(9 The quorum for mesting of the Board of Management shal be five

17. (2). The Academic Council shall consist of the following the Acieme members, namely -— Ce

(2) the Viee-Chaneelior Chairperson

(0) one eminent academician Member rominated by the State c Government a5 is

representative and

(6) such other members, as Members may be prescribed

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@)_ The Academic Counel shall be the main academic body of the University and it shall, subject to the provisions of this Act the statues, ondinances and regulations, coordinate and exercise genera supervision over the seademic policies ofthe University '@)_ 'The quorum for meeting ofthe Academie Council shall be such, as may be prescribed,

(2 Be France + 18. (1) The Finance Commitice shall consist of the following Commitee members, namely -—

(the Vice-Chancellor ; Chairperson

(Gi) the Dean Academie AMiits Member

(iy the Registrar of the Member

University:

Gv) two persons nominated Members

by the Foundation out of

'whom oe shall be a financial

expert: and

(2) the Chief Finance and Member: 'Accounts Officer. Secretary (2). The members nominated by the Foundation shall hold fice for 1 period of two years. ase of ie 19. (1), The Chief Accounts and Finance Office shall get the annual Faness Geom budget of the University prepared alongwith te requisite documents and submit the same to the Finance Commitee for is approval. The Chief Accounts and Finance Officer shal also get the gezounsof the annual income and expenditure ofthe University prepared and get he same aie from the Chartered Accountant $0 appointed by the Finance Commies in tis regard @)_ The budget approved by the Finance Commitee slongwith the 'ote with regard fo the audit of income and expenditure of the University, feferred to in sub-section (1), shall be placed before the Chancellor for its approval

(@)_ The Finance Commitee sall tender advice to the Chancellor on Finan matters oF the University,

ter seo 20. The composition, constitution, powers an funetions of suthortes Under clause (iy) of section 14, shall be such, as maybe prescribed.

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