o o
GOVERNMENT OF PUNJAB
DEPARTMENT OP LEGAL
The Punjab At
(Security of S (PUNIAB At
(As amended up
ND LEGISLATIVE AFFAIRS
fiiated Colleges vice) Act, 1974
"T 23 OF 1974) st Angst, 2008) a5
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ane es
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1
'THE PUNIAB AFFILLATED COLLEGES (SECURITY OF
SERVICE) ACK 1974
SECTION
1 Shor tite ai ites," "fe
2. Definitions. 2A. Period of probation,
2.0. Suspension of empl yes,
3. Dismiss, removal o edt in nk not tobe ordered excep ater nay
4. Procedare tobe ebuerved beige dismiss! and removal
5. Procedure tobe observe befge reduction nzask,
6 Secions 3,4 and Snot o ap osc ea
eee
i iecsiea foe
9-C. Punishment fo fae to comply with the provision pensions Beet
10. Power t remove difities. Hi Overriding etc ofthis Act 12, Power to make mules.
0
@
2
STHE PUNJAB AFFILLATED COLL AGES SECURITY OF SERVI
ACT 4
(PUSIAB ACT ND. 23 0F 1978)
'Received the assent of His Excellency the Governor of Punjab on the 28th 'day of August, 1974 and 0s fist published in the Punjab Government Gazette Extraordinary), dated the 12h day of September, 1974. ome 2 4
Yer Ne Sane 'Whether pareve
eed
We =B hermibAtinnd
elegy
Ses 97,
amended by Pani Act 25
ors
Yamended by Pun Act 6
F198,
amended by Poninb Act & 'An Act to provide forthe scary of sece to femployes) of aftted 'oles in the sate of Punjab and to grant pensinary benefits tthe 'employes appointed aghins aided Posts]
Be er enaeied by the se Sate of Pura in she Tweay-
Fit Year ofthe Republic of india a fo
1. () This Actmaybo called the of Semvse #**] Ac, 1974 @) extends othe whole offi State of Pari,
1 Fr Stef Oc nd Re, fa Grn Cae ony te he a 978 Te 2. fe Sheet of b n Ker, se Pla Goreme rete (xtra att dhe 8 abs pe Te un 3 Sut Oe Rs, a Gann! ate (ere
us cI Sten of eid Renn, i Gon Ge ne
Set he tained el hy Pah Ato 66 i 2
anjab AOiined Colleges (Seeurty Stone ag
3
©
2 In this Act, onlew the eo
(a) "aiiisedeotege"
'othe pivepe of ny Inw for the in Goveranent college such a University
"(on) "sided post" means
2
ext olherse rege. nsacollgeassoclared withand admits rivers constuted oresublied under 'being in force bot dacs no include 2 llege established ce maintained by sided poston the esablihment of en fated college gaps which sucha college gts grant.n-sid fiom the State Gove
() "Director" means
and includes any
Government to pete
Aet;
pest fom time tie)
Director of Public Isrston, Panjab,
her officer authorised by the State
the fercons of the Director under this 'eo Caleta fans Cog oede
section 7-4 ofthe Ab
(a) "Managing Commies flied collage and the time Being ent a
means the Managing Commitee of an cles a peson or body of persons for bd with the mangement of he allie of eto "toe foain ta ie ' cllege, but doesnot 2A. An exployee spp
ide a work-harged employee)
ed agains vacancy likely to ens for
'more than one yea shal remain on proton fora period of one year which may be extended fom tine to ine
Provided that the total per
stall no exceed iva yea.
2B. (1) No employe ss
or are pend
of probation including extension, fang,
be placed under sipenson unless,
@ "maps
(©) neste against
der inst
1 Sse by aj Aco 2 St! by Rap at 190 3, Sunt by Pa et 5 1,
im in espet of any enminl offences on, agury ort
4
3 ©
(2) No employee shallbe bes! unr suspension fora period exending sbzmonths without the periraproval ap Secretary to Govermentof Puna, Department of Education}
3. No employee) sal be aided or removed arco in rank exept afer an inguin wich ie hagbecn informed ofthe charges apaast 'him and given reasonable epparniy oftnghcalinreiect of hse ches.
4. (2). The penalty of diss br removal fom service shall ot be Imposed ules the ste is approved byte Disstor.
(2) Whercaler the inguty reed on seton 3, tis proposed to impose the penalty of dismiss or remova fom series the propos shall be fefemed to the Director alogyth the relent record and itizatin about the Froposal having ben so refer sal be git to he "employes consered also Saltseoosi ©) AaCemploye] may, witha pei ofthiny days ofthe recspt
ofthe intimation cfered to in subsection), emake representation agai! he proposed penalty tothe Director who may, der examining the ecordand giving to the pats an opportunity of being bead, by an onder in writing, give is 'pprovl to i imposition of the proposed Penaly of dismissal or emal fom ervice, a8 dhe ease may be, orefse to gt sppeoml fhe propos fund be mala de or by way of Wetiniston|or not waren hy the fet and
circumstances ofthe cave .
(9 Any pany apgieved by op oder ofthe Dizetor Mander eub- section (3) may lean apes! othe College Tribal, which may afer ving to 'he partis an opportunity of being ear, Fas such ordr ast may deem Ft
i 5. (1) Wheater he inquiry refteredtoin ection tis proposed to, Pose 0 be 'rosethe pealyofrtacton ink gnarl pena reorable Sate
(2) 'tan empolye) spans passed, may wihin the preseibed period appeal tthe (College Tribunal and vingto the pares anopporuity of ing etd, st asdethe onde ofredction 'rank, ifthe same is fund tobe mala fide or by way of victimisation o not waraned by the ft and enouratances of he cae Fa SRST ie wel aa el eee TD A
or tl tnt cen fom pa Di he a
wrersPomtte Be wi ene ne Dit li may? by eA
aller exaning the record and
5
Sain 4 mts stv po
"
uy, ©
seats of service of any "[employee] who is ry petod only:
{0 the Lerminateg of service of any 'Terployee] appointed on robailon,dring or atthe end ofthe petiod of probation, on secount of bis whek conduct Being anstsictory ; and to [an employee] who is dismissed or moved or reduced in rank on the grou of conduet which as led this conviction onan.
AT. (Y) No employee off aliatd cllge shal be retenched on sccount of reduction iz Wed oad pthoat pric apeoval ofthe Director who Shall befor aesoeding approval ex ine esheat in aecordance with he noms 'of wok loa Lai down bythe University with which such college i ait {@) Anenployee who isrekeved om an affliated college asa reek of retcrchment shall have preference for appointment fo fture vacancies in the ailiatedealege in which he was sering immediatly before reenciment rin spoter flat college under he ume Managing Comite.
7A, (1) The State Govenest may, by noifieation, constute one or 'more College Tribals forthe poposes ofthis Act for such ares as may be specified in such nication
a
appointed by the Sate Government
eo
'A College Tribunl hal consist of one person only tbe 'A person sal notbe used fo ppoinient as a Presiding Officer ofa College Tefuna uolessfo as been a ude ofthe High Court oan officer ofthe Sue Govemsmentngt below the rank of a Commissioner of Division
0 'The enn and conditions of erie ofthe Pressing Ofice of College Tribus stl be Such say be presenbod by roles made under he Act
Provided Wat no perso sl Hol offic a the Presiding Officer of (Colege Tibunal beyord the age of tye yer
6) IReny vane, ot tana temporary absence, oceur in the 'office ofthe Presiding Ofer of liege Tribunal tho State Goveruent shall appoint note person in wi the provisions oF this seein fl 'he vacaney ad the proceedings ay be continued before the College Tribunal from the sage at which he wacney i file
2 Sulfa A 6 4 Sesto s
e
u
6
5
(6) The State Governmert shal such staff as may benecesay inthe di
(7) All expenses incurred in be Dome by the State Governent, (@) A College Tribunal hall have in all mates asin out ofthe discharge of places at which it hall oldie stings. ®) & College Tribal sal for
prefered under tis Act, have the sume pow by the Code of Civil Procedre, 1908, nd 'opention of any order sppesied againt oo
(10) Voxeder ofthe College
8. Nocivi cout shal avejurii to which the State Government, the Dizetor by or under his Actin exereise any power a any civil cout in expect of sting which under thie Act)
9. No si, prosseution or other Sate Government r any authority or any nythng which sin good faith done inte Act
"QA. Iany Managing Commit College Tribunal or any direction of the Government may take sich ection as it may) rastinsid]
9B, The State Goverment may
against aided posts such pensonary bene 8 may be presobed
9-C. any person, —
(a). fails or refutes to sur
ocument required und
sub fale retary
false eclantion sor
() birt ny ofceroe.
orfallsto produce sy
DP
oralabe toa College Tribal re ofits functions under this At tion with «College Tribunal shall 1o regulate its own procedure it Sanctions including the place or purpses of disposal ofan spel sare vested in Court of ppeal ll alto have the power to sy the tems ast may thik it
salmadeinsnysppeal shall be fia. inespect of any materinrelation College busi empowered
injunction shall be grated by ove of intended to be done by or proceaing salle apsinst the appointed unde his Act for fo be done in pursuance ofthis falls to eary oot any order of the rector under this Act, the State Sinchting stoppage of he
grant to the employees appointed 'anton such ems an coniton, any retum, statement or other the les made under this Act, orother document oemakes
ic inthe discharge of his du s 1d for venfeaon by suchofficer or ofc 5 the ese apy be or 1 ey ai At 6 53, cin 2.
2 el a Ae 19, en
G
un bol tah soy
ra open
7
e n e m i e s ® (2) is pity oft Actorthe les 'all be punishable with inp fing, which may extend 10 fy tov 10, tf any diay a
'Act th State Goverment may by which may extend to one year or with ropes or with both) an giving fest othe provisions ofthis
edo anything nt inconsistent with uch provisions which appears foi to be Recessary ot expedient fF the purpose af removing Be dfieuy, 1 "The provisions of thie Act shall ave effect ntwistnding nyhing to the contary conned in
Incleing any regulation or sat of
12, () TreSateG
make rules fr earying out he
2) In particule, and forepoing power, uch les may nly:
(0 te procedure abe obey the manner of filing a2 section 5 and the period within wih 2a) the ems and con
College Tribunal)
ed) the prot of pension
(i) any otor mater wie
(2) Bveryrilemade un Devaferitis made, before the boos o fora total period of ten days which rin more successive seston a i any obit I forthe time bog in fore university
nay. by noifation n h Ocal Gaze, ofthis Act.
thout prejudice to the generality of the efor all or any ofthe following mater, je for an inquiry under section 3; ppl tothe (College Tribunal under came is ob
of service ofthe Presiding Ocer of benefits unde scetion 9h] and to be, or may be, resend,
«his eton shal be Iai toon as may State Legilarure while tis in sesion ly be comprised in oe seision or fn tv fore te expicy ofthe sein in which Howse aees a making any
'tis sola or the successive eins 'modification i the ral ore House afees th he ul shold ot be made, he rule shall threafer have et oly
the ease maybe, so however tat any
such modified form orb of 0 eet, a¢
sch modifiestion or annulment hal be without prejudice othe validity of spthing previously done or enited tobe done under the ae. 1 iba re wn "Dati ah 2. font by be At isin 8
5. eed Be oh A 8 #TO6LRP)—Gost. Pres, UT. Che oy Re At 198, en
8
pence Regd. No. CHDI092/2005-2008 Published by Authority
CHANDIGARH, FRIDAY FEBRUARY 15, 2008 (MAGHA 26, P29 SAKA)
LeGIsLarive sprecement
Contd Peer
Part aes
'The Pars Aste Cages (Seer
of Servis) Amendment fe, 207
(@uniah Acta, 11 of 20s) 65
Part Cetinafces
wt
Part Delegated tppistation
Notation No. GS.R.1PC SBN.
~ nmei20/2008, dated fe 15 Pedra,
2008, coating amentpent in he Pia
Motor Vbiles Roles, 19 ro1—108
Part IV. Correction Sips, Republlcaifs and Replacements ww
(si
po
9
DEPARTMENT OF LEGAL AND LEG} No.
PUNIAB GOVT Gaz. 2x}
(AGHA 26,1
YART
Noten 'The 15th Febru 1-Leg/2008,—The folowing FRA),FEB.15,2008 63 9 SAKA) FS SARAY icy =|
SLATIVE AFPARS, PUNDAB
2008
\ctofthe Legislature ofthe State 'of Punjab received the assent of Ue Goverforof Panjab onthe Tih Feteuay, 2006, and istereby published for general i 'THE PUNIAB AFFILIATED COLLEO
ferter 10 amend the Panjab Agited Ceh 0.
BBE it enacted by the Leysate of 'ehh Year of the Republic of Idina fl
1, (1) This Act may te calle toe of Service) Amendment Ac, 2007.
(2) sll come into Soo ato 2a
"AMENDMENT A unab Acro. 11 acr
'he Panjab Amato Cages (SECURITY OF sERVICE) Fr, 2007
f 2008)
ges (Security of Series) Act fe Se of Panjab inthe Pity isd Aflinted Colleges Security. Sette nt |secorty of Service) Act 1974 Ament in (ereinater referred to asthe pricpal Ae), fe words "College Tribus" uae 20 wherever occuring, the words "Edustons) Sin
0
a aw he principal Act, in section 2 for elause (@), the fallow sry —
"e) "Besinal eb Sander section 7-4 of fisbunal sal bo eabtived, 1% fie 'ein fw clause shall be substituted, Pa 2 of reas Tebuna, contiated
fis Act, which sill hear and 'decide the eases of dnfutes between the "Mangement CCommitees™ andthe 'Act andthe Panjos Schools Employes (S
in clause (ate end,
fn clause (at he ea, for
the words and sign "employ
thereafter, the follwing ln
"( *edacaionsl inti 5 dined in else ( rmployees, a5 defied in tie ately Managed Recognised
uty of Series) Act, 1979;
"and" sal be nite ni word ant sign "employe nd" shall be sbstued and shall be ade, namely — rmcans 'sn aflinted college' * ot section 2 of this Act, and
10
ad 2. (EXTRA, FEB. 15, 2008 26, 1929 SAKA) ul '} privately manage reoStnised eco!' as ied nase (gf section 2 ofthe Pn Pia () 0 cease ti, 4 the end, foe the word sod sign "hangs, 'he words ant fign "charge; an shall be subsite, an '5. Inthe principal et
subsites, namely —
TIA () The Sate Goxtnent may by noticatin, i the Of 'cates Gaze, contfue one or more Editions! Tribunals for such nea ce otas, s may bo speified in such notifies, (2), Wacb Baocsionat Prbural shal const of» Chairman asd
'bcs, ot of fom, oie sl be fom snongst the persons, \whohaveadministhtive background andthe ath fom amoagst the perums, who fave academic tacksroend ie membens of 29 Evssutionl Tribunal 'halle appointed y the Sat Goverment in consultation with the Chit asice ofthe Panjab and Haryens igh Cour (GA person bal nt he quale tor appointment as Channa of
i nls Be has ben ade of the High
sclion 7-A, telling seston sal be
The Tham and
~ > (9) A penn shall ot fe qualified fr appoininen as member of '9 aetna Tfural Som th estepory of persons, Having ainsi bel round, unless hes been an ter ofthe 'State Govern, fot below the rank ofa Principal Seeretary- to Goverment of fnjoh,
: (8) Spex Sa |
0 Békcutonal Tefal fom ths eslepory of pins, having scadene hark, nls eh Ben vine of College for 2 miniowm perf of ore yea.
fumes ab heat
pence yefaa or
qualified fo appointinent asa member
11
PUNIAB GOVT G,
(EXTRA), FEB. 15,2008 65
(MAGIA}26, 1929 SAKA)
7) Wa vaconey, oe osu inthe of Shall pint note this section toi online before th which, the vacancy
8) The Saxe Govern 'Trina sch sat, fasetons under ti ©) Alepensesincw stall be bore by t
(10) he Bovenonl Tr procedae inal
'than on account of temporary absence, of te Chainnsn, the Site Goverment pesca in cordance withthe provisions of We voraney, andthe proceedings maf be Educational Tibunal from the stage at a)
3 shall make avaiable to an Edvetonat may be necessary in the lisharge of is lace,
fcomnecton wit an Eieationsl Tuna, Sas Goverment
al hall have power to regula is own sss arising out of the discharge of is functions iatading if pce or places st whic, i atl hold is Provided thatthe
'or pees, were the
(11) The Edveatons Ta sn application made se vsti an ape
1908. An Bdvestionsf it may die peop ne Government may, spit any place avcatinal Tribunal sal ol is stings, oa shall forthe purport of disposal of frder tis Act, have the same power, 36 tc cout by the Code of Cv Proede, Tuna shal sso have te power to say the operation safe ppeled spans, on tue tems, a
(12) Tae Baton Ta of disputes betwoet 'employees', as defh > Managed Recognised Ae, 1918,
(13) Tee enter of the Bas nl sal have uric hee al eas the 'Managing Commies' and the Ho this Act andthe Puja Privately Schools Employees (Securiy of Service) inal Tuna hal be na"
HARBANS SINGH,
asi est 6 Goer Po tof Legal and Logslaive Asc,
12
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 7, 2022 13
(PAUSA 17,1943 SAKA)
PARTI
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 7th January, 2022 No.6-Leg./2022.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 30th day of December, 2021, is hereby published [or general information: -
THE PUNJAB AFFILIATED COLLEGES (SECURITY OF SERVICE)
AMENDMENT ACT, 2021
(Punjab Act No. 6 of 2022)
AN
ACT
further to amend the Punjab Affiliated Colleges (Security of Service) Act, 1974,
BE it enacted by the Legislature of the State of Punjab in the Seventy-second Year of the Republic of India, as follows:-
I. (1) This Act may be called the Punjab Affiliated Colleges (Security of Short title and Service) Amendment Act, 2021. Commencement.
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
2, In the Punjab Affiliated Colleges (Security of Service) Act, 1974 Amendmentin at i . a . . section 2 of
(hereinafter referred to as the principal Act), in section 2,- Punjab Act 23
(1) in clause (e), at the end, the word "and" shall be omitted: and of 1974.
(i) in clause (f), at the end, for the figure and sign "1979.", the figure, sign and word "1979; and" shall be substituted and thereafter. the following clauses shall be added, namely:-
"(g) "Administrator" means the officer appointed by the Administrative Secretary to Government of Punjab, Department of Higher Education to manage the affairs of the affiliated college; and
(h) "mismanagement" means managing the affairs in a way which leads to violation(s) of the regulations of the University Grants
13
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 7, 2022 14
(PAUSA 17,1943 SAKA)
Amendmentin 3, section 6 of
Punjab Act 23
of 1974.
Amendmentin 4, section 7-A of Punjab Act 23
of 1974.
®
(if)
(iii)
(iv)
(v)
(vi)
(a)
(b)
©
0)
Commission or its successor regulatory body or bodies, as adopted by the State Government, or of the regulations prescribed by the concerned University or of the grant-in-aid scheme or any other law or the directions of the State Government and includes,-
failure to comply with the conditions of affiliation laid down by the University; or
misappropriation or misapplication of grants or funds received from the State Government, Government of India or through any of its instrumentalities or students; or
failure to take appropriate action under the Sexual Harassment of Women at Workplace (Prevention. Prohibition and Redressal) Act, 2013 (Central Act No. 14 of 2013), despite having been called upon to do so or failure to take appropriate steps for the protection of the victim under the said Act; or
taking pecuniary benefits by the members of the Managing Committee: or
taking actions which may defeat the national agenda of inclusive education; or
violation of any other law applicable to the affiliated college.".
In the principal Act, in section 6,-
non in clause (ii), for the sign ";", the sign and word "; and" shall be substituted;
in clause (iii), for the words and sign "charge; and", the word and sign "charge." shall be substituted: and
clause (iv) shall be omitted.
In the principal Act, in section 7-A ,-
for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) The Chairman of an Educational Tribunal, shall be appointed by the State Government in consultation with the Chief Justice of the Punjab and Haryana High Court. The members of an Educational Tribunal shall be appointed by the State Government.": and
14
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 7, 2022 15
(PAUSA 17,1943 SAKA)
(i)
5.
after sub-section (13), the following sub-section shall be added, namely: -
"(14) Every order made by the Tribunal shall be enforced by it in the same manner as if it were a decree made by the court in a suit before it, and the provisions of Order XXT of the First Schedule to the Code of Civil Procedure, 1908, shall apply.".
In the principal Act, after section 7-B, the following section shall be inserted, namely:-
"7-C. The Administrative Secretary to Government of Punjab, Suspension Department of Higher Education may.- of Managing
Committee. (i) on the recommendation of the University to which the college is affiliated; or
(ii) on being satisfied that a case of mismanagement is made out against the affiliated college, after reasons to be recorded in writing, suspend the Managing Committee of such affiliated college for one year in the first instance, and appoint an Administrator:
Provided that the tenure of suspension may be extended by one year at a time."
S.K. AGGARWAL,
Principal Sccretary to Government of Punjab, Department of Legal and Legislative Affairs. 2485/1-2022/Pb. Govt. Press, S.A.S. Nagar Insertion of
new section in
Punjab Act 23
of 1974.
15