PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17. 2016 167
(KRTK 26, 1938 SAKA)
: PART |
GOVERNMENT OF PUNJAB
o : DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 17th November, 2016 No. 51-Leg./2016.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 7th day of November, 2016, is hereby published for general information:-
THE KHALSA UNIVERSITY ACT, 2016.
(Punjab Act No. 44 of 2016)
AN
ACT
i to establish and incorporate a University in the State of Punjab to be known as the Khalsa University for the purposes of making provisions for instruction, teaching, education, research, training and related a ctivities at
all levels in disciplines of higher education including professional, me dical,
technical, general education, language and literature an d to provide for
> the matters connected therewith or incidental
thereto,
Whereas the Khalsa College Charitable Society, Sri Amrits ar registered
r the Societies Registration Act, 1860, (X XI of 186 0), made a proposal to
tate Government for setting up a self- financing
University in the State of
ab on the basis of the Punjab Private Universities Policy, 2010 and to
sions for all the streams of higher education
at all levels;
the State Government, after due consideration
of the said
foresaid Society, has come (0 the conclusion that th e aforesaid
sable of establishing and running the University and accordi ngly
proposal for the establishment of the said Private University ;
: And whereas in the circumstances referred above
, it is deemed expedient
ablish the Khalsa University for the aforesaid p
urposes.
enacted by the Legislature of the State of Punj
ab in the Sixty-
ear of the Republic of India as follows:
-
This Act may be called the Khalsa Univers
ity Act, 2016. Short title and
commencement,
It shall come into force on and with
effect from the date of its
the Official Gazette.
1
© GAZI(EXTRAY NOVEM
BER 17. 2016
(KRTK 26, 1938
SAKA)
s the context otherw ise requires,- il" means the Acad emic Council of the
168 PUNJAB GOV
2. Inthis Act, unle s
(a) 'Academic Cou nc
University;
(b) authorities' mean s t
(c) 'Board of Manage ment' meat
the University; i
(d) 'Board of Studies' mea ns a bod
Governing Body; :
(e) 'campuses' means a contigu ous area within which the University is situated; () 'Chancellor means the Chancellor of the Univ ersity;
Definitions.
he authorities of the Universit
y;
1s the Board of Management of
y to be constituted by the
(g) 'Chief Finance and Accounts Officer' means the Chief Finance and Accounts Officer of the University;
(h) 'Dean' means the Dean of the University;
(i) 'Goveming Body' means the Governing Body of the University;
(j) 'institution' means an institution or institute or college or academic centre (by whatever name it may be called) run or managed by the University within the campus;
: prescribed by the statutes, ordinances and
5x LJ - 4
| i : Prasicent means the President of the Society; 1 gi means the Registrar of the University;
me, : reg jaty tind Khalsa College Charitable Society, 3 ig ered ocieties Registration Act, 1860 (XX of dpe i t' means the Government of the State of es' and regulations' means the statues,
latio ns of the University made by it under
fessor, Reader, Associate Professor,
rand any such other person who
te University;
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JNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17,2016 169
(KRTK 26, 1938 SAKA)
Ini HA iversity means the Khalsa University established under section 3 of this Act;
Vice-Chancellor' means the Vice-Chancellor of the University; and
'Visitor' means the Visitor of the University.
1) ; There shall be established a private University hy the name of Establishment of University in the State of Punjab. the University.
2) The University shall be run and managed by the Society in » with the provisions of this Act.
i (3) The University shall be a body corpor ate by the name
in sub-section (1) and shall have perpetual succe ssion and acommon
| have the power to acquire, hold, disp
ose of property both moveable
1oveable and to make contract and sh
all sue and be sued by the said
(4) The headquarters of the U niversity shall be located at G.T. | Amritsar.
(5) The University ve any grant or other financia shall be self-financed and it shall not be entitled | assistance from the State Government.
~The objects of the Unive rsity shall be,-
Objects of the
. ' University. teaching, education, researc h and
training at all levels in a ll disciplines of higher ed ucation
including professional, medical, technical, general education
"and in any other strea m and subject, as per t he needs of the
'industry and the societ y in general, as may be deemed
sary by the University throug h all the modes of education or become relevant in fu ture;
(i) toprovide for instruction, Aad
ii) to promote the acade
(iii) to undertake industry oriente
extension programmes and to provi
a view to contribute to th e development of the socie ty;
mic aspirations of the rural stu dents;
d teaching, training and rese arch
de employable skills with
(iv) to provide for resear ch, creation, advancement and dissemination
of knowledge, wisdom and understanding; to encourage and moti vate leading industrial houses for setting up at the campuses their respective corp orate institutes for
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170 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016
(KRTK 26, 1938 SAKA)
academia industry nexus;
(vi) to disseminate knowledge so as to make it accessible to al strata of the society;
(vii) to promote the Punjabi studies to provide for research in Punjabi language and literature and to undertake measures for the development of Punjabi language, literature and culture; and
(viii) to do all such things as may be necessary or desirable to further the objects of the University.
S. The University shall have the following powers and functions to be exercised and performed by it or through its officers and authorities, namely :-
(i) tomake 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 affiliation relating to the courses through traditional as well as
"new innovative modes including online education modes;
(ii) to conduct examinations for granting or conferring Doctorate, Masters, Degrees, Diplomas and Certificates;
toiinstitute and confer the designation of Professor, Associate ofessor, Assistant Professor, Reader, Lecturer or any other Bor equivalence of the degrees, diplomas and
the students completing their courses, partially and other charges, as may be
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PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17,2016 171
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(ix) tohold, manage and run the funds of the Society and endowments created in favour of the University;
(x) to institute and confer honorary degrees, as may be prescribed;
(xi) to printand publish the works of the academic excellence and to establish chairs of excellence;
(xii) to take special measures for the spread of educational facilities amongst the educationally backward strata of society;
(xiii) to encourage and promote sports;
(xiv) to create technical, administrative, ministerial and other necessary posts and to make appointments thereto;
(xv) toreceive grants from the University Grants Commission and other Central or State agencies;
(xvi) to receive and to raise loans and advances for the University; ~ (xvii) to undertake research projects on mutually acceptable terms and conditions in respect of agriculture, industry and business;
(xviii) to provide consultancy services;
xix) to encourage and promote extra-curricular activities for ~ personality development of the students, teachers and employees of the University;
;) 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;
to prescribe the fee structure for various categories of ¢ collaboration with other institutions on mutually able terms and conditions;
"determine and provide salaries, remuneration and a to teachers and employees of the University in ification, which shall be exempted from obtaining ion, approval, license, certificate, no objection authorization from the State Government or any
et-up by the State Government;
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(xxv) to frame statutes, ordinances an d regulations for carrying out the objects of the University; an d
(xxvi) to perform all such other functions, which may be necessar y
or desirable in furtherance of the objects of the University. Jurisdiction of the 6. (1) TheUniversityshall exercise ts jurisdiction withi n its campuses,
University. A
. ; :
(2) The University shall affiliate to it those educational or professional institutions, established, run or managed by the Society within the campus re gard
to which a specific decision is taken by the Society.
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) TheGovernor of Punjab shall be the Visitor of the University.
(2) The Visitor shall preside over the convocation of the University
5 For contig degrees and diplomas.
(3) The Visitor shall have the right to call for any information ing to the affairs of the University.
(4) The Visitor, in consultation with the Chancellor, may cause or executive matters of the University.
(5) The Visitor shall, in every case, give notice to the University font cause the i inspection, scrutiny, investigation, s urvey or inquiry
like thing to be made and the University shall appoint 8 shall be present at such inspection, scrutiny, investigation, an other such like thing, as the case may be.
tor may inform the Vice-Chancellor about the results I, scrutiny, investigation, survey or inquiry and th e Vice:
mmunicate to the Governing Body, the views of the Visio"
pr
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PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17. 201
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such advice, as the Visitor may have tendered and the action to be ch advice.
173
(7) The Vice-Chancellor shall inform the Visitor about the action proposed to be taken by the University with respect to the inspection, investigation, survey, inquiry or any other such like thing, as the case
(8) If the State Government considers it appropriate in public to make inspection, scrutiny, investigation, survey or inquiry, as the , in respect of any matter relating to the University or its institutions, ce shall be made by the State Government to the Visitor, who shall, in iltation with the Chancellor, cause such inspection, scrutiny, investigation, inquiry to be made.
(1) The President shall be the Chancellor of the University and Chancellor. ellor, in the absence of the Visitor, shall preside over the convocation Iniversity.
(2) The Chancellor shall be the Chairman of the Governing Body hall approve all appointments, nominations, removals, suspensions statements of the employees and officers of the University either suo-
the recommendation of the authority concerned of the University.
(3) The Chancellor may amend or revoke any decision t aken by
it or officer of the University and may exercise his powers either
The Chancellor shall have the power to do al l Such other
be required to further the objects of the University and any thereto and the decision taken by the Chancellor shall be final all the concerned of the University.
(5) If, inthe opinion of the Chancellor, any decision of any officer
rity or the University is beyond the power conferr ed under this Act or
s or ordinances or regulations or is likely to be prejudicial to the
e University, he shall ask such officer or authority to revise its
a period of fifteen days and in case, the officer or authority
such decision, wholly or partly, or
fails to take any Si
f fifteen days, the decision of the C hancellor shall be final.
at any time, upon the represent
ation made or otherwise, it
or that the Vice-Chancellor
or any other officer of the
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174 PUNJAB GOVT. GAZ. (E
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University,
has made default in perfor ming any duty imposed upo n
him under this Act or othe rwise; or
(a)
has acted in a manner prejudicial to the interests of the
University; or
(c) is incapable of managing the affairs of the Univ ersity,
(b)
the Chancellor may, notwithstanding the fact that ter m of that officer has not
expired, by an order in writing and stating the reas ons therein, require the
Vice-Chancellor or the officer concerned to relin quish his office from such
date, as may be specified in the order. The Vice-Ch ancellor 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 officer concerned and he is given reasonable opportunity of being heard.
10. (I) 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 : University, who shall exercise general superintendence and control in the affairs of the University and shall execute the decisions of various authorities of the
: (4) In case of the absence of the Visitor and the Chancellor, the ancellor shall preside over convocation of the University. ~The Vice-Chancellor shall exercise such powers and perform as may be prescribed.
The Registfar shall be appointed by the Chancellor from
of three persons recommended by the Governing Body.
shall sign all contracts and authenticate all
and on behalf of the University.
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PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17,2016 175
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(4) The Registrar shall be the Member-Secretary of the Governing Body, the Board of Management and the Academic Council but he shall not have the right to vote.
(5) The Registrar shall exercise such other powers and perform other functions, as may be prescribed.
2. (1) The Chief Finance and Accounts Officer shall be appointed Chancellor in such manner, as may be prescribed.
(2) No person shall be qualified to be appointed as Chief Finance counts Officer, unless he has passed the Chartered Accountancy Test by the Institute of Chartered Accountants of India.
(3) The Chief Finance and Accounts Officer shall exercise such d perform such functions, as may be prescribed.
(1) The University may appoint such other officers, as it may sary for its smooth functioning.
The manner of appointment of such other officers of the University owers and functions shall be such, as may be prescribed. )) such other authorities, as may be declared by the statutes to be the authorities of the University.
The Governing Body of the University shall consist of the : Chairman
: Member
ee persons nominated by the Society,
: Members
of whom two shall be eminent
of management or
: Member
technology;
: Member
of Finance, nominated by
the
The Chief
Finance and
Accounts Officer.
Other Officers.
Authorities of the
University.
The Governing
Body.
9
Co
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B GOVT. GAZ.
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EMBER 17,20
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8 SAKA)
(f) the Secretar y to Government of Punjab,
- Member
Department of Hi gher Education o r his :
Representative, not below the ra nk of Joint
Secretary; and : Member
(g) one eminent ed ucationist nominate d by
the Secretary 10 Gov ernment of Punjab, Department of Highe r Education in consultation with the Chancellor.
be the supreme body of the
(2) The Governing Body shall
University. It shall perfo rm the following functio ns, namely:-
(a) toprovide general sup erintendence and to give dir ections
for controlling the functi oning of the University in accordance with the statutes, o rdinances and regulations; (bh) to review the decisio ns of other authorities of the
University in case these are not in conformity with the
provisions of the statutes, ordinan ces and 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 Jeast twice in a calendar
A) The quorum for meeting of the Governing Body shall be five.,
a) The Board of Management shall consist of the following namely:- ;
the Chancellor or his nominee; : Chairperson the Vice-Chancellor; : Member
'members of the Society : Members
ominated by the Society;
of the Directorate : Member
relating to education as
ative of the State Government;
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pUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17,2016 177
(KRTK 26, 1938 SAKA)
ee " a (e) three persons, who are not the members : Members of the Society, nominated by the Society;
(f) two persons from amongst the teachers : Members nominated by the Society; and
(g) two teachers, nominated by the : Members Chancellor.
) The Board of Management shall exercise such powers and perform ctions, as may be prescribed.
'The Board of Management shall meet at least twice in a calendar The quorum for meeting of the Board of Management shall be The Academic Council shall consist of the following members, The Academic Council.
the Vice-Chancellor; : Chairperson
one eminent academician nominated : Member
by the State Government as its
representative; and
such other members, as may be : Members
prescribed.
Academic Council shall be the main academic body of the shall, subject to the provisions of this Act, statutes, ordinances oordinate and exercise general supervision over the academic versity.
rum for meeting of the Academic Council
shall be such, as
nce Committee shall consist of the following me
mbers, The Finance
; Committee.
hancellor; : Ch
airperson
Academic Affairs;
: Member
ar;
: Member
s nominated by the Society
Members
m one shall be a financial
er. © Member- e and Accounts Offic
Secretary
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178 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 201
6
(KRTK 26, 1938 SAKA)
(2) The members nominated by the Society shall hold office for a
period of two years.
Functions of the 19. (1) The Chief Accounts and Finance Officer shall get the annual Coa 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 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, alongwith 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.
Other authorities. 20. The composition, constitution, powers and functions of authorities ~ under clause (iv) of section 14, shall be such, as may be prescribed. Disqualification 21. A person shall be disqualified for being a member of any of the ember " authorities or body of the University, if he,-
(i) is of unsound mind and stands so declared by a competent court; or
(ii) isan 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 2 in the conduct of any examination in any form.
22. No act done or proceedings taken under this Act by an authority or
(a) any vacancy or defect in the constitution of the authority or body; or
o
acting as member thereof; or
defect or irregularity in such act or proceeding not affecting of the case.
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PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016 179
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which he 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:
ud 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 is appointed or nominated, as the case may be.
24. The authorities or officers of the University may constitute such Committees. 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. Notwithstanding anything contained in this Act, the Society shall Running special run a special school for imparting education to minimum fifty students in 11th School for class and 12th class, free of cost, which shall also include the facility of free A fas ~ accommodation and free diet. Admission of the students shall be made on the students. sis of merit.
20. (1) The Governing Body may, from time to time, make statutes or Power to make nay amend or repeal the same. statutes.
; (2) The statute or any amendment made therein or repeal thereof shall re the approval of the Chancellor.
3) Subject to the provisions of this Act, the statutes may provide for wing 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- J Chancellor and his powers and functions;
~ (iii) the manner, terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer and their powers and functions;
the manner, terms and conditions of appointment of other officers and teachers and their powers and functions;
"the terms and conditions of service of the employees of the rocedure for arbitration in case of dispu
te between
Iniversity, officers, teachers, employe
es and students;
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180 PUNJAB GOVT. GAZ. (EXTRA),
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(vii) the conferment of honorary degrees;
(viii) the exemption of students from payment of tui tion fee and for
awarding them scholarships and fellowships;
(ix) the policy of admissions, including regulation of r eservation of
seats;
(x) the number of seats in different courses; an d
(xi) any other matter for which statutes are required to be made
under this Act.
(4) After the approval of the Chancellor, the statutes of t he 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.
27. (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, the ordinances may provide for the following matters, namely :-
(i) theadmission of students to the University and their enrolment as such;
(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
(iv) the fees to be charged for various courses, examinations. and diplomas of the University;
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: (v) the conditions for the award of fellowships, scholarships, E studentships, medals and prizes;
(vi) the conduct of examinations, including the terms of office, 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 functions 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 Universities and institutions; and
(xi) any other matter which by this Act or the statutes made there under are required to be provided by the ordinances. ) After the approval of the Chancellor, the ordinances of the University e submitted to the State Government for its approval. ~The State Government shall consider the ordinances submitted by ity and shall give its approval without or with such modifications, if may deem necessary and return the same to the University. University shall, with the approval of the Governing Body, its concurrence to the ordinances as approved by the State and if it desires not to give effect to any or all of the modifications State Government, it may give reasons thereof.
the ordinances are finally approved by the State Government, plished in the Official Gazette of the University. rdinances so made, shall not be amended without the appr oval
ent. - |
overning Body may, from time to time, make regulations the same.
D n or any amendment made there
in or repeal thereof,
of the Chancellor.
f the Chancellor, the regulations of
the University
Government for its approval.
t shall consider the regula
tions submitted by
sval without or with such mod
ifications, if
forward the same 10 t
he University.
TIC
Power to make regulations.
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Convocation. 34. 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 the manner, as may be prescribed. WAS Gas Disputes 35. Ifany dispute arises with respect to the appointment or entitlement €.. ney mune and ©fany person, to bea member of any authority or other body of the University, bodies. the same shall be referred to the Chancellor, whose decision thereon shall be final and binding. ®
Power to remove 36. Ifany difficulty arises in giving effect to any of the provisions of this difficulties. Act, the State Government may, in consultation with the Chancellor, by an order published in the Official Gazette, make such provisions, 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. ~ Protection of 37. No suit or other legal proceeding shall lie against any officer or action takenin employee of the University for anything which is done in good faith or intended OR to be done in pursuance of the provisions of this Act or the statutes, ordinances or regulations.
38. Notwithstanding anything contained in this Act and the statutes, ordinances or regulations made thereunder, the Society 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 or the statutes, ordinances and regulations and for that purpose, may exercise such powers and perform such duties, which by this Act or by such statutes, ordinances nd regulations, are to be exercised or performed by any authority or officer of ie University, until such authority comes into existence of officer is appointed. | « (1) The Khalsa University Ordinance, 2016 (Punjab Ordinance 2016), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken "9 the Ordinance referred to in sub-section (1), shall be deemed to have "taken under this Act. |
VIVEK PURI,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs
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