Punjab act 022 of 2021 : The Lamrin Tech Skills University, Punjab Act, 2021. (Punjab Act No. 22 of 2021)

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 9, 2021

(AGHN 18, 1943 SAKA)

152

EXTRAORDINARY

Published by Authority

CHANDIGARH, THURSDAY, DECEMBER 9, 2021

(AGRAHAYANA 18, 1943 SAKA)

( clxi )

LEGISLATIVE SUPPLEMENT

Contents Pages Part - I Acts

1. The Plaksha University, Punjab Act, 2021. (Punjab Act No. 21 of 2021)

2. The Lamrin Tech Skills University, Punjab Act, 2021.

(Punjab Act No. 22 of 2021)

Part - II Ordinances

Nil

Part - III Delegated Legislation

Nil

Part - IV Correction Slips, Republications and Replacements

Nil ______ ..153-172 ..173-193

1

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PART I

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

NOTIFICATION

The 9th December, 2021

No.24-Leg./2021.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 2nd day of December, 2021, is hereby published for general information:-

THE PLAKSHA UNIVERSITY, PUNJAB ACT, 2021

(Punjab Act No. 21 of 2021)

AN

ACT

to establish and incorporate a University in the State of Punjab to be known as the Plaksha University, Punjab for the purposes of making provisions for imparting instructions, teaching, education, research, training and related activities at all levels in the discipline of higher education including engineering, humanities, social sciences, life sciences, management, and to provide for the matters connected therewith and/ or incidental thereto;

Whereas the Reimagining Higher Education Foundation, registered under the provisions of the Companies Act, 2013 (Central Act No. 18 of 2013), made a proposal to the State Government for setting up a self-financing University in the State of Punjab on the basis of the Punjab Private Universities Policy, 2010, to make provisions for all the streams 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 conclusion that the aforesaid Foundation 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 to above, it is deemed expedient to establish the Plaksha University, Punjab for the aforesaid purposes. BE it enacted by the Legislature of the State of Punjab in the Seventy- second Year of the Republic of India as follows:-

1. (1) This Act may be called the Plaksha University, Punjab Act, 2021.

(2) It shall be deemed to have come into force on and with effect from the 20th day of August, 2021.

Short title and

commence-

ment.

154

2. In this Act, unless the context otherwise requires,-

(a) 'Academic Council' means the Academic Council of the University;

(b) 'authorities' means the authorities of the University;

(c) 'Board of Management' means the Board of Management of the University;

(d) 'Board of Studies' means a body to be constituted by the Governing Body;

(e) 'campuses' means a contiguous area within which the University is situated;

(f) 'Chairperson' means the Chairperson of the Foundation;

(g) 'Chancellor' means the Chancellor of the University;

(h) 'Chief Finance and Accounts Officer' means the Chief Finance and Accounts Officer of the University;

(i) 'Dean' means the Dean of the University;

(j) 'Finance Committee' means the Finance Committee of the University;

(k) 'Foundation' means the Reimagining Higher Education Foundation registered under the provisions of the Companies Act, 2013 (Central Act No. 18 of 2013);

(l) 'Governing Body' means the Governing Body of the University;

(m) 'institution' means any institution or college or academic centre (by whatever name it may be called) established, run, managed, recognized or constituted by the University, within the campus;

(n) 'prescribed' means prescribed by the statutes, ordinances and regulations;

(o) 'Registrar' means the Registrar of the University;

(p) 'State Government' means the Government of the State of Punjab;

(q) 'statutes', 'ordinances' and 'regulations' means statutes, ordinances and regulations of the University made under this Act;

(r) 'teacher' includes Professor, Associate Professor, Assistant Professor, and any such other person, who imparts instruction in the University or in any of its institutions and centres; Definitions.

155

(s) 'University' means the Plaksha University, Punjab established under section 3 of this Act;

(t) 'Vice-Chancellor' means the Vice-Chancellor of the University; and

(u) 'Visitor' means the Visitor of the University.

3. (1) There shall be established a private University by the name of the Plaksha University, Punjab in the State of Punjab.

(2) The University shall be run and managed by the Foundation in accordance with the provisions of this Act.

(3) The University shall be a body corporate by the name mentioned in sub-section (1) and shall have perpetual succession and a common seal. It shall have the power to acquire, lease, hold, mortgage and dispose of property, both moveable and immovable and to make contracts, and shall sue and be sued by the said name.

(4) The Headquarter of the University shall be located at Block B, Sector 101 - Alpha, IT City, Sahibzada Ajit Singh Nagar, Punjab - 140306.

(5) The University shall be self-financed and it shall not be entitled to receive any grant or other financial assistance from the State Government.

4. The objects of the University shall be, -

(i) to provide for instructions, teaching, education, research and training at all levels in disciplines of higher education including engineering, humanities, social sciences, life sciences, management, e-learning, and online education and training 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, as permissible under the State or Central law and with the approval of the concerned Regulatory Authority;

(ii) to promote the academic aspirations of rural students;

(iii) to undertake 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 Establishment

of the

University.

Objects of the

University.

156

Powers and functions of the

University. at the campus their respective corporate institutes for academia- industry nexus;

(vi) to disseminate knowledge so as to make it accessible to all strata of the society;

(vii) to promote Punjabi studies, to provide for research in Punjabi language and literature and to undertake measures for the development of Punjabi language, literature and culture;

(viii) to open study centers, campuses, centers within its jurisdiction in accordance with the prevailing regulations, with the approval of the State Government;

(ix) to set up off-campus centres, off-shore campuses, study centres and zonal or regional centres as per the guidelines of the University Grants Commission or its equivalent Body so created by the Central Government, and with the approval of the State Government; and

(x) to do all such things, as may be necessary or desirable in furtherance to the objects of the University.

5. The University shall have the following powers and functions to be exercised and performed by it or through its officers and authorities, namely:-

(i) to impart education and to provide for instructions in various branches of learning and to confer or grant, subject to such conditions as the University may determine, degrees, diplomas, certificates or other academic distinctions on the basis of examinations, evaluation or any other method of testing on persons and to withdraw any such degree, diploma, certificate or other academic distinctions for good and sufficient cause;

(ii) to make provisions and adopt all measures, including adoption and updating of the curricula, in respect of starting courses of study, teaching, training, research, consultancy and granting recognition and affiliation relating to the courses through traditional as well as new innovative modes including online education modes;

(iii) to organize and to undertake extra mural studies and extension services;

(iv) to conduct examinations for granting or conferring Post Doctorate, Doctorate, Masters, Degrees, Diplomas and Certificates;

157

(v) to provide for dual Degree, Diploma or Certificate vis-à-vis other Universities on reciprocal basis;

(vi) to institute and confer honorary Degrees and other distinctions, as may be prescribed;

(vii) to conduct e-learning and online education programmes, as may be determined by the University;

(viii) 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;

(ix) to institute and confer the designation of Professor, Associate Professor, Reader, Assistant Professor, Lecturer or any other equivalent designation, as may be required by the University in its campuses or its institutions and to appoint persons as such;

(x) to create academic, administrative, ministerial, technical and other posts and to make appointments thereto;

(xi) to appoint persons working in any other University or institutions or organizations having specific knowledge permanently or for a specified period;

(xii) to co-operate, collaborate or associate with any other University or authority or institution in such manner and for such purpose as the University may determine;

(xiii) to establish and maintain study centres, examination centres, information centres, schools, institutions, specialized laboratories or other units for research and instructions as may be determined by the University for furtherance of its objects within its campus;

(xiv) to undertake research and consultancy and for that purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary;

(xv) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing;

(xvi) to prescribe the fee structure for various categories of students, in view of clause 8 of the Punjab Private Universities Policy, 2010;

158

(xvii) to demand and collect fees and other charges, as may be prescribed;

(xviii) to supervise the residences of the students of the University and to make arrangements for the promotion of their health and general welfare;

(xix) to make special arrangements in respect of female students, as the University may consider necessary and desirable;

(xx) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard, as may be deemed necessary by the University;

(xxi) to make arrangements for promoting the health and general welfare of the employees of the University;

(xxii) to receive donations; and acquire, hold, manage and dispose of any moveable or immovable property;

(xxiii) to borrow money for the purposes of the University, with the approval of the Foundation;

(xxiv) to mortgage or hypothecate the property of the University with the approval of the Foundation;

(xxv) to hold, manage and run the funds of the Foundation and the endowments created in favour of the University;

(xxvi) to receive and to raise loans and advances for the University;

(xxvii) to purchase, acquire and take on lease or mortgage any immovable or movable property and to sell, lease, mortgage, alienate and transfer any immovable or movable property belonging to or vested in the University;

(xxviii) to receive grants from the University Grants Commission and other Central or State agencies;

(xxix) to fix, determine and provide salaries, remunerations and honoraria to teachers and employees of the University in accordance with the norms specified by the University Grants Commission;

(xxx) to do self-certification, which shall be exempted from obtaining any permission, approval, license, certificate, No Objection Certificate or authorization from the State Government or any

159

Jurisdiction of University. other body, set up by the State Government;

(xxxi) to frame statutes, ordinances and regulations for carrying out the objects of the University; and

(xxxii) to perform all such other functions, which may be necessary or desirable in furtherance of the objects of the University.

6. (1) The University shall exercise its jurisdiction within its campuses in the State of Punjab only.

(2) The University shall affiliate to it those educational or professional institutions, established, run or managed by the Foundation within the Campus regard to which a specific decision is taken by the Foundation.

7. The following shall be the officers of the University, namely: -

(i) the Visitor;

(ii) the Chancellor;

(iii) the Vice-Chancellor;

(iv) the Registrar;

(v) the Deans of the Faculties;

(vi) the Chief Finance and Accounts Officer; and

(vii) such other officers of the University, as may be declared by the statutes, to be the officers of the University.

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

(2) The Visitor shall preside over the convocation of the University for conferring degrees and diplomas.

(3) The Visitor shall have the right to call for any information relating to the affairs of the University.

(4) The Visitor may cause the inspection, scrutiny, investigation, survey or inquiry or any other such like thing to be made by such person, as he may direct in respect of administrative, academic or executive matters of the University.

(5) The Visitor shall, in every case, give notice to the University of his or her intention to cause the inspection, scrutiny, investigation, survey or inquiry or any other such like thing, to be made and the University shall appoint a representative, who shall be present at such inspection, scrutiny, investigation, survey or inquiry, or any other such like thing, as the case may be. Officers of the

Universitry.

The Visitor.

160

(6) The Visitor may inform the Vice-Chancellor about the results of such inspection, scrutiny, investigation, survey or inquiry and the Vice-Chancellor shall communicate to the Governing Body 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) If the State 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 Vice-Chancellor, who shall cause such inspection, scrutiny, investigation, survey or inquiry to be made.

9. (1) The Chairperson or any distinguished person nominated by the Foundation shall be the Chancellor of the University and in the absence of the Visitor, the Chancellor shall preside over the convocation of the University.

(2) The Chancellor shall be the Chairman of the Governing Body and he or she shall approve all appointments, nominations, removals, suspensions and reinstatements of the employees and officers of the University on the recommendation of the Governing Body of the University.

(3) The Chancellor may amend or revoke any decision taken by any authority or officer of the University and may exercise his powers, to do all necessary things to facilitate the smooth functioning of the University on the recommendation of the Governing Body.

(4) The Chancellor shall have the power to perform 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 decisions taken by the Chancellor shall be final and binding on all the concerned of the University.

(5) If, in the opinion of the Chancellor, any decision of any officer or authority of the University is beyond the powers conferred under this Act or the statutes or the ordinances or the regulations or is likely to be prejudicial to the interests of the University, the Chancellor shall ask such officer or authority to revise his or 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 thereon shall be final.

The

Chancellor.

161

(6) If, at any time, upon the representation made or otherwise, it appears to the Chancellor that the Vice-Chancellor or any other officer of the University,-

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

(b) has acted in a manner prejudicial to the interests of the 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 an order in writing and stating the reasons therein, require the Vice-Chancellor or the officer concerned to relinquish his or her office from such date, as may be specified in the order. The Vice- Chancellor or the 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 to the officer concerned and he or she 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) No person shall be appointed as Vice-Chancellor, unless he or she possesses such qualifications, as are specified by the University Grants Commission or its equivalent body so created by the Central Government.

(3) The Vice-Chancellor shall be the overall in-charge of the University who shall exercise general superintendence and control in the affairs of the University and shall execute the decisions of various authorities of the University.

(4) In case of the absence of the Visitor and the Chancellor, the Vice- Chancellor shall preside over the convocation of the University.

(5) The Vice-Chancellor shall exercise such powers and perform such functions, as may be prescribed.

11. (1) The Registrar 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 Registrar, unless he or she possesses such qualifications as are specified by the University Grants Commission, or its equivalent body so created by the Central Government. The Registrar.

The Vice-

Chancellor.

162

The Chief Finance and Accounts Officer.

(3) 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 Council but he or she shall not have the right to vote.

(5) The Registrar shall exercise such other powers and perform such other functions, as may be prescribed.

12. (1) The Chief Finance and Accounts Officer shall be appointed by the Chancellor in such manner, as may be prescribed.

(2) No person shall be qualified to be appointed as Chief 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 such powers and perform such functions, as may be prescribed.

13. (1) The University may appoint such other officers, as it may deem necessary for its smooth functioning.

(2) The manner of appointment of such other officers of the University and their powers and functions shall be such, as may be prescribed.

14. The following shall be the authorities of the University, namely: -

(i) the Governing Body;

(ii) the Board of Management;

(iii) the Academic Council;

(iv) the Finance Committee; and

(v) such other authorities as may be declared by the statutes to be the authorities of the University.

15. (1) The Governing Body of the University shall consist of the following persons, namely: -

(a) the Chancellor; : Chairman

(b) the Vice-Chancellor; : Member

(c) five persons nominated by the Foundation out : Members of whom three shall be eminent educationists; Other officers.

Authorities of

the University.

The Governing

Body.

163

(d) one expert of management or information : Member technology from outside the University nominated by the Chancellor;

(e) one expert of finance nominated by the : Member Chancellor;

(f) one eminent educationist nominated by the : Member Secretary to Government of Punjab,

Department of Higher Education in consultation with the Chancellor; and

(g) the Administrative Secretary to Government of : Member Punjab, Department of Higher Education or his representative not below the rank of Joint Secretary.

(2) The Governing Body shall be the supreme body of the University. It shall perform the following functions, namely: -

(a) to provide general superintendence and to give directions for controlling the functioning of the University in accordance with the statutes, the ordinances and the regulations;

(b) to review the decisions of other authorities of the University in case these are not in conformity with the provisions of the statutes, the ordinances and the regulations;

(c) to approve the budget and annual report of the University;

(d) to lay down the extensive policies to be followed by the University; and

(e) to exercise such other powers, as may be prescribed by the statutes.

(3) The Governing Body shall meet at least twice in a calendar year.

(4) The quorum for meeting of the Governing Body shall be six.

16. (1) The Board of Management shall consist of the following members, namely: -

(a) the Chancellor; : Chairperson

(b) the Vice-Chancellor; : Member The Board of

Management.

164

(c) five members of the Foundation nominated : Members by the Foundation;

(d) three persons who are not the members of the : Members Foundation, nominated by the Foundation;

(e) two persons from amongst the teachers : Members nominated by the Foundation;

(f) Director Higher Education, Punjab as : Member representative of the State Government; and

(g) two teachers nominated by the Chancellor. : Members

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

(3) The Board of Management shall meet at least twice in a calendar year.

(4) The quorum for meeting of the Board of Management shall be seven.

17. (1) The Academic Council shall consist of the following members, namely: -

(a) the Vice-Chancellor; : Chairperson

(b) one eminent academician nominated by the : Member State Government as its representative; and

(c) such other members, as may be prescribed. : Members

(2) The Academic Council shall be the principal academic body of the University and it shall, subject to the provisions of this Act, the statutes, the ordinances and the regulations, coordinate and exercise general supervision over the academic policies of the University.

(3) The quorum for meeting of the Academic Council shall be such, as may be prescribed.

18. (1) The Finance Committee shall consist of the following members, namely: -

(i) the Vice-Chancellor; : Chairperson

(ii) the Dean Academic Affairs; : Member The Academic

Council.

The Finance

Committee.

165

(iii) the Registrar; : Member

(iv) two persons nominated by the Foundation out of : Members whom one shall be a Financial Expert; and

(v) the Chief Finance and Accounts Officer. : Member- Secretary

(2) The members nominated by the Foundation shall hold office for a period of two years.

19. (1) The Chief Accounts and Finance Officer shall get the annual budget of the University prepared along with the requisite documents and submit the same to the Finance Committee for its approval. The Chief Accounts and Finance Officer shall also get the accounts of the annual income and expenditure of the University prepared and shall get the same audited from the Chartered Accountant so appointed by the Finance Committee in this regard.

(2) The budget approved by the Finance Committee along with the note with regard to the audit of income and expenditure of the University, referred to in sub-section (1), shall be placed before the Chancellor for its approval.

(3) The Finance Committee shall tender advice to the Chancellor on financial matters of the University.

20. The composition, constitution, powers and functions of authorities under clause (v) of section 14, shall be such, as may be prescribed.

21. A person shall be disqualified for being a member of any of the authorities or bodies of the University, if he, -

(i) is of unsound mind and stands so declared by a competent court; or

(ii) is an un-discharged insolvent; or

(iii) has been convicted of any offence involving moral turpitude; or

(iv) has been punished for indulging in or promoting unfair practice in the conduct of any examination in any form and anywhere.

22. No act done, or proceedings taken, under this Act by any authority or other body of the University shall be invalid merely on the ground of, -

(a) any vacancy or defect in the constitution of the authority or body; or

Functions of

the Finance

Committee.

Other

authorities.

Disqualifi-

cation for

membership of

an authority or

body.

Acts or

proceedings

not to be

invalidated due

to vacancies.

166

(b) any defect or irregularity in nomination or appointment of a person acting as member thereof; or

(c) any defect or irregularity in such act or proceeding not affecting the merits of the case.

23. If any vacancy occurs in any authority or body of the University due to death, resignation or removal of a member or due to change of capacity in which he or she was appointed or nominated, the same shall be filled in as early as possible by the authority or body, which had appointed or nominated such a member:

Provided that the person so appointed or nominated as a member of any authority or body of the University in an emergent vacancy, shall remain member of such authority or body only for the remaining tenure of the member, in whose place he or she is appointed or nominated, as the case may be.

24. The authorities or officers of the University may constitute such committees as may be necessary for performing specific tasks by such committees. The constitution of such committees and their duties shall be such, as may be prescribed.

25. (1) The Governing Body may, from time to time, make statutes or may amend or repeal the same.

(2) The statutes or any amendment made therein or repeal thereof, shall require the approval of the Chancellor.

(3) Subject to the provisions of this Act, the statutes may provide for the following matters, namely: -

(i) the constitution, powers and functions of the authorities and other bodies of the University, as may be constituted from time to time;

(ii) the terms and conditions of appointment of the Vice-Chancellor and its powers and functions;

(iii) the manner, terms and conditions of appointment of the Registrar, and the Chief Finance and Accounts Officer and their powers and functions;

(iv) the manner, terms and conditions of appointment of other officers and teachers and their powers and functions;

(v) the terms and conditions of service of the employees of the University;

Committees.

Power to make

statutes.

Filling up of

emergent

vacancies.

167

(vi) the procedure for arbitration in case of dispute between the University, officers, teachers, employees and students;

(vii) the conferment of honorary degrees;

(viii) the exemption of students from payment of tuition fee and for awarding them scholarships and fellowships;

(ix) the policy of admissions, including regulation of reservation of seats, keeping in view of clause 9 of the Punjab Private Universities Policy, 2010;

(x) the number of seats in different courses; and

(xi) all other matters for which statutes are required to be made under this Act.

(4) After the approval of the Chancellor, the statutes of the University shall be submitted to the State Government for its approval.

(5) The State Government shall consider the statutes submitted by the University and shall give its approval without or with such modifications, if any, as it may deem necessary and return the statutes to the University.

(6) The University shall, with the approval of the Governing Body, communicate its concurrence to the statutes as approved by the State Government, and if it desires not to give effect to any or all of the modifications made by the State Government, it may give reasons thereof.

(7) After the statutes are finally approved by the State Government, these shall be published in the Official Gazette of the University.

(8) The statutes so made, shall not be amended without the approval of the State Government.

26. (1) The Governing Body may, from time to time, make ordinances or may amend, or repeal the same.

(2) Every ordinance or any amendment made therein or repeal thereof, shall require the approval of the Chancellor.

(3) Subject to the provisions of this Act and the statutes, the ordinances may provide for the following matters, namely: -

(i) the admission of students to the University and their enrolment as such;

Power to make

ordinances.

168

(ii) the courses of study to be laid down for the degrees, diplomas and certificates of the University;

(iii) the degrees, diplomas, certificates and other academic distinctions;

(iv) the fees to be charged for various courses, examinations, degrees and diplomas of the University;

(v) the conditions for the award of fellowships, scholarships, studentships, medals and prizes;

(vi) the conduct of examinations, including the terms of office, the manner of appointment and the duties of the examining bodies, examiners and moderators;

(vii) the conditions of hostel facilities for students in the University;

(viii) taking disciplinary action against the students of the University;

(ix) the creation, composition and function of any other body, which is considered necessary for improving the academic standard of the University;

(x) the manner of co-operation and collaboration with other Universities and institutions; and

(xi) all other matters which by this Act or the statutes made thereunder are required to be provided by the ordinances.

(4) After the approval of the Chancellor, the ordinances of the University shall be submitted to the State Government for its approval.

(5) The State Government shall consider the ordinances submitted by the University and shall give its approval without or with such modifications, if any, as it may deem necessary and return the same to the University.

(6) The University shall, with the approval of the Governing Body, communicate its concurrence to the ordinances as approved by the State Government and if it desires not to give effect to any or all of the modifications made by the State Government, it may give reasons thereof.

(7) After the ordinances are finally approved by the State Government, these shall be published in the Official Gazette of the University.

(8) The ordinances so made, shall not be amended without the approval of the State Government.

169

27. (1) The Governing Body may, from time to time, make regulations or may amend, or repeal the same.

(2) Every regulation or any amendment made therein or repeal thereof, shall require the approval of the Chancellor.

(3) After the approval of the Chancellor, the regulations of the University shall be submitted to the State Government for its approval.

(4) The State Government shall consider the regulations submitted by the University and shall give its approval without or with such modifications, if any, as it may deem necessary and forward the same to the University.

(5) The University shall, with the approval of the Governing Body, communicate its concurrence to the regulations as approved by the State Government and if it desires not to give effect to any or all of the modifications made by the State Government, it may give reasons thereof.

(6) After the regulations are finally approved by the State Government, these shall be published in the Official Gazette of the University.

(7) The regulations so made, shall not be amended without the approval of the State Government.

28. (1) The University shall be prohibited from conferring any Degrees, not recognized by the University Grants Commission or its equivalent body constituted by the Central Government.

(2) It shall be mandatory for the University to follow the University Grants Commission (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003, or any other regulations made for private Universities by the University Grants Commission or any other regulatory bodies.

29. (1) The University shall have General Fund to which shall be credited,-

(a) fees and other charges received by the University;

(b) any income received from consultancy and other work undertaken by the University; and

(c) funds and grants received from any source by the University for research projects from any Government and non-Government funding agencies.

Power to make

regulations.

University to

follow rules,

regulations etc.

of the

regulating

bodies.

General Fund.

170

(2) The General Fund shall be utilized for the following purposes, namely:-

(a) for the repayment of the debts, including interest charges thereto incurred by the University;

(b) for the upkeep of the assets of the University;

(c) for the payment of the cost of audit of the fund;

(d) for meeting the expenses of any suit or proceedings;

(e) for the payment of salaries and allowances of the officers and employees of the University and for the payment of any benefit to any such officer and employee;

(f) for the payment of travelling and other allowances of the members of the authorities, committee or Board of the University;

(g) for the payment of fellowships, scholarships, assistanceships and other awards to students belonging to economically weaker sections of the society or research associates or trainees, as the case may be, or to any student eligible for such awards;

(h) for the payment of any expenses incurred by the University;

(i) for acquisition of land or any kind of development work or likewise activities for the purpose of the University;

(j) for the payment of cost of capital and repayment of loans incurred by the Foundation for setting up and running the University and the investments made therefore;

(k) for the payment of charges and expenditure relating to the consultancy work undertaken by the University; and

(l) for the payment of any expenditure, salaries, taxes, liabilities by the Foundation for or on behalf of the University.

30. The accounts of the income and expenditure of the University shall be audited by the Chartered Accountant of the University, and the same shall be submitted once in a year by the Chief Finance and Accounts Officer to the Governing Body for its approval.

31. The University shall prepare and publish a semester-wise or annual, as the case may be, tentative Schedule of Examinations including various academic Examinations.

Annual report.

171

activities to be conducted by the University in the beginning of each academic session, but not later than the 30th August in a Calendar year. Explanation.- 'Schedule of Examinations' means the time table giving details about the time, day and date of the commencement of each paper which is part of the scheme of examinations including the details of practical examinations and viva -voce, if any.

32. (1) The University shall strive to declare the results of examinations conducted by it within a period of forty-five days from the last date of the examination of particular course but, in any case, not later than sixty days from the said date.

(2) No examination or the result of an examination shall be held invalid only for the reason that the University has not followed the Schedule of Examinations.

33. The convocation of the University shall be held in every academic year for conferring degrees, diplomas, certificates or any other academic distinction or for any other purpose, in such manner, as may be prescribed.

34. If any question arises with respect to the appointment or entitlement of any person, to be a member of any authority or other body of the University, the same shall be referred to the Chancellor, whose decision thereon shall be final and binding.

35. If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, in consultation with the Chancellor, by an order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as it may deem necessary for removing such difficulty:

Provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act.

36. No suit or other legal proceedings shall lie against any officer or employee of the University for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act, the statutes, the ordinances or the regulations.

37. Notwithstanding anything contained in this Act, the statutes, the ordinances or the regulations made thereunder, the Foundation may, subject to the availability of the funds, discharge all or any of the functions of the University for the purposes of carrying out the provisions of this Act, the statutes, the ordinances Power to

remove

difficulties.

Disputes

concerning

authorities and

bodies.

Protection of

action taken in

good faith.

Transitory

Provisions.

Declaration of

results.

Convocation.

172

2460/12-2021/Pb. Govt. Press, S.A.S. Nagar Repeal and

savings.

and the regulations and for that purpose, may exercise such powers and perform such duties, which by this Act or by such statutes, the ordinances and the regulations are to be exercised or performed by any authority or officer of the University, until such authority comes into existence or officer is appointed.

38. (1) The Plaksha University Ordinance, 2021 (Punjab Ordinance No. 2 of 2021), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under this Act.

S.K. AGGARWAL,

Principal Secretary to Government of Punjab, Department of Legal and Legislative Affairs.

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PART I

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

NOTIFICATION

The 9th December, 2021

No.25-Leg./2021.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 2nd day of December, 2021, is hereby published for general information:-

THE LAMRIN TECH SKILLS UNIVERSITY, PUNJAB ACT, 2021

(Punjab Act No. 22 of 2021)

AN

ACT

to establish and incorporate a University in the State of Punjab to be known as the Lamrin Tech Skills University, Punjab for the purposes of making provisions for imparting instructions, teaching, education, research, training and related activities at all levels in the discipline of higher education including specifically designed skill intensive programmes in engineering, management, medical technology skills, hospitality, tourism, finance, accounting, healthcare, wellness, agriculture technology and management, entrepreneurship, vocational education and other programmes required from time to time to fulfil industry demand and other skill based programmes in collaboration with industry and foreign universities as permissible under the concerned regulatory authority and to provide for the matters connected therewith and/or incidental thereto; Whereas the Rayat Educational and Research Trust, registered under the provisions of the Societies Registration Act, 1860 (Central Act XXI of 1860), made a proposal to the State Government for setting up a self-financing University in the State of Punjab on the basis of the Punjab Private Universities Policy, 2010, to make provisions for all the streams of higher education at all levels;

Whereas the State Government, after due consideration of the said proposal of the aforesaid Trust has come to the conclusion that the aforesaid Trust is capable of establishing and running the University and accordingly has accepted its proposal for the establishment of the said private University;

174

AND whereas in the circumstances referred to above, it is deemed expedient to establish the Lamrin Tech Skills University, Punjab for the aforesaid purposes.

BE it enacted by the Legislature of the State of Punjab in the Seventy- second Year of the Republic of India as follows:-

1. (1) This Act may be called the Lamrin Tech Skills University, Punjab Act, 2021.

(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.

2. In this Act, unless the context otherwise requires, -

(a) 'Academic Council' means the Academic Council of the University;

(b) 'authorities' means the authorities of the University;

(c) 'Board of Management' means the Board of Management of the University;

(d) 'Board of Studies' means a body to be constituted by the Governing Body;

(e) 'campuses' means a contiguous area within which the University is situated;

(f) 'Chancellor' means the Chancellor of the University;

(g) 'Chairman' means the Chairman of the Trust;

(h) 'Chief Finance and Accounts Officer' means the Chief Finance and Accounts Officer of the University;

(i) 'Dean' means the Dean of the University;

(j) 'Finance Committee' means the Finance Committee of the University;

(k) 'Governing Body' means the Governing Body of the University;

(l) 'institution' means any institution or college or academic centre (by whatever name it may be called) established, run, managed, recognized or constituted by the University, within the campus;

(m) 'prescribed' means prescribed by the statutes, ordinances and regulations;

Short title and

commencement.

Definitions.

175

(n) 'Registrar' means the Registrar of the University;

(o) 'State Government' means the Government of the State of Punjab;

(p) 'statutes', 'ordinances' and 'regulations' means statutes, ordinances and regulations of the University made under this Act;

(q) 'teacher' includes Professor, Associate Professor, Assistant Professor, and any such other person, who imparts instruction in the University or in any of its institutions and centres;

(r) 'Trust' means the Rayat Educational and Research Trust registered under the provisions of the Societies Registration Act, XXI of 1860;

(s) 'University' means the Lamrin Tech Skills University, Punjab established under section 3 of this Act;

(t) 'Vice-Chancellor' means the Vice-Chancellor of the University; and

(u) 'Visitor' means the Visitor of the University.

3. (1) There shall be established a private University by the name of the Lamrin Tech Skills University, Punjab in the State of Punjab.

(2) The University shall be run and managed by the Trust in accordance with the provisions of this Act.

(3) The University shall be a body corporate by the name mentioned in sub-section (1) and shall have perpetual succession and a common seal. It shall have the power to acquire, lease, hold, mortgage and dispose of property, both moveable and immovable and to make contracts, and shall sue and be sued by the said name.

(4) The headquarter of the University shall be located at Railmajra, Balachaur, District Shaheed Bhagat Singh Nagar, Punjab - 144533.

(5) The University shall be self-financed and it shall not be entitled to receive any grant or other financial assistance from the State Government.

4. The objects of the University shall be, -

(i) to provide for instructions, teaching, education, research and training at all levels in the discipline of higher education including specifically designed skill intensive programmes in engineering, management, medical technology skills, hospitality, tourism, finance, accounting, Establishment

of the

University.

Objects of the

University.

176

healthcare, wellness, agriculture technology and management, entrepreneurship, vocational education and other skill based programmes in collaboration with industry and foreign universities, as per the needs of the industry and the society in general, as may be deemed necessary by the University, as permissible under the State or Central law and with the approval of the concerned Regulatory Authority;

(ii) to promote the academic aspirations of rural students;

(iii) to undertake 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 at the campus their respective corporate institutes for academia- industry nexus;

(vi) to disseminate knowledge so as to make it accessible to all strata of the society;

(vii) to promote Punjabi studies, to provide for research in Punjabi language and literature and to undertake measures for the development of Punjabi language, literature and culture;

(viii) to open study centers, campuses, centers within its jurisdiction in accordance with the prevailing regulations, with the approval of the State Government;

(ix) to set up off-campus centres, off-shore campuses, study centres and zonal or regional centres as per the guidelines of the University Grants Commission or its equivalent Body so created by the Central Government, and with the approval of the State Government; and

(x) to do all such things, as may be necessary or desirable in furtherance to the objects of the University.

5. The University shall have the following powers and functions to be exercised and performed by it or through its officers and authorities, namely:-

Powers and

functions of

the

University.

177