The I.K. Gujral Punjab Technical University Act, 1996

Punjab Act No. 1 of 1997

Pu688

[Dated 16th January, 1997]

LEGISLATIVE HISTORY 6

· Punjab Technical University (Amendment) Act, 2017, (Act No. 28 of 2014)

Department of Legal and Legislative Affairs, Punjab

No.1-Leg/97. - The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 11th January, 1997, and is hereby published for general information:

An Act to provide for the establishment and incorporation of a University for the advancement of technical education and development thereof in the State of Punjab and for matters connected therewith.

Be it enacted by the Legislature of the State of Punjab in the Forty-seventh year of the Republic of India as follows :-

Part I

Short title and commencement.- (1) This Act may be called [the I.K. Gujral Punjab Technical University]Act, 1996.

(2) It shall come into force at once.

Definitions.- In this Act and in all regulations made hereunder, unless the context otherwise requires :-

(a) "college" means a college or an institution maintained by or admitted to the privileges of the University under this Act;

(b) "member" means a member of the Board of Governors established under this Act and includes its Chairman;

(c) "Principal" means the Head of a College (by whatever name he may be called) and includes, when there is no Principal, the person for the time being duly appointed, to act as Principal, and, in the absence of Principal or the acting Principal, a Vice-Principal duly appointed as such;

(d) "Regulation" means the Regulations of the University made under the Act;

(e) "technical education" means the education in the subjects of Engineering Technologies, Sciences, Management, Humanities, Pharmacy, Social Sciences and Architecture and such other subjects as may be deemed fit by the State Government from time to time; and

(f) "University" means [the I.K. Gujral Punjab Technical University], Jalandhar as incorporated under this Act.

Incorporation of the University.- (1) The first Chancellor and the first Vice-Chancellor of the University and the first members of the Board of Governors and the Academic Council and all persons who may hereafter become such Officers or Members so long as they continue to hold such office or membership are hereby constituted a body corporate by the name of "[The I.K. Gujral Punjab Technical University], Jalandhar".

(2) The University shall have perpetual succession and a common seal with power to acquire, hold and dispose of property, and to contract, and may by the said name sue and be sued.

(3) The University shall be located at Jalandhar.

Powers and duties of the University.- The power and duties of the University shall be to, -

(1) Make provisions for providing, upgrading and promoting technical education and training and Research in Technical Education and to create entrepreneurship and a conducive environment for the pursuit of the technical education in close cooperation with industry.

(2) Generate and maintain through Consultancy services, testing services, continuing education programmes, national and inter-national collaborations and transfer of intellectual property rights.

(3) Institute and confer degrees, diplomas, certificates and other academic distinctions.

(4) Hold examinations and to grant and confer degrees, diplomas, certificates and other distinctions to and on persons who -

(a) shall have pursued a course of study in the University or in one of its Colleges unless exempted therefrom in the manner prescribed by Regulation and shall have passed the examinations prescribed by the University;

(b) shall have carried on research under conditions prescribed by the Regulations;

(5) confer honorary degree in the manner laid down by the Regulations;

(6) institute Professorships, Readerships, Lecturerships and any other teaching posts required by the University and to appoint persons to such Professorships, Readerships, Lecturerships and other posts;

(7) Institute and award fellowships, scholarships, studentships, exhibitions and prizes in accordance with the provisions of the Regulations;

(8) Institute and maintain Halls and Hostels;

(9) Supervise and control the residence and discipline of the students of the University and to make arrangements for promoting their health and general welfare;

(10) Organise laboratories, libraries, museums and to provide such other equipment for teaching and research as is required;

(11) Demand and receive such fees and other charges as may be prescribed by Regulations;

(12) Hold and manage trusts and endowments which may be created in favour of the University;

(13) Institute and manage -

(a) Printing and Publication Departments;

(b) University Extension Boards;

(d) Employment Bureaus;

(14) Make special provisions for the spread of technical education amongst classes and communities which are educationally backward;

(15) make provisions for -

(a) to maintenance of National Cadet Corps or other similar organisations;

(b) Physical and military training; and

(16) create administrative, ministerial and other necessary posts and make appointments thereto;

(17) receive gifts, donations, benefactions from the State Government or the Central Government and to receive bequests, donations and transfers of movable or immovable property from testators, donors and transferors, as the case may be; and

(18) do all such other acts whether incidental to the powers aforesaid or not, as may be requisite in order to further to objects of the University.

Territorial exercise of the powers.- (1) the territorial limits in which the University shall exercise its powers and perform its duties shall be the whole of the State of Punjab and other regions outside the State of Punjab as may be decided by the Board of Governors from time to time subject to any regulation and statutes.

(2) Notwithstanding anything contained in any other law for the time being in force, any college imparting technical education and situated within the limits of the area specified under sub-section (1) shall, with effect from such date, as may be notified in this behalf by the State Government, be deemed to be associated with and admitted to the privileges of the University and shall cease to be associated in any way with, or the admitted to any privileges of, the Panjab University, Chandigarh, Punjabi University, Patiala and Guru Nanak Dev University, Amritsar :

Provided that -

(a) any student of any such college affiliated to the Universities mentioned above before the said date, who was studying for any degree or diploma examination of the said Universities shall be permitted to complete his course in preparation therefor and the University shall hold for such students examination in accordance with the curricula of study in force in those Universities for such period, as may be prescribed by Regulations; and

(b) any such student may, until any such examination is held by the University, be admitted to the examination of the said University and be conferred the degree, diploma or any other privileges of those Universities for which he qualifies on the result of such examination.

University open to all irrespective or religion, race, caste, sex or place of birth.- (1) No person shall be excluded from any office of the University or from membership of any its authorities or from admission to any degree, diploma or other academic distinction or course of study on grounds only or religion, race, caste, sex, place of birth or any of them :

Provided that the university may maintain any college exclusively for women either for education, instruction or residence or, reserve for women or members of classes and communities which are educationally backward for purposes of admission as students in any college;

(2) It shall not be lawful for the University to impose on any person any test whatsoever relating to religion, race, caste, sex, place of birth in order to entitle him to hold any post or any office in the University or to enjoy of exercise any privileges of the University or benefactions thereof.

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

(i) the Chancellor,

(ii) the Vice-Chancellor,

(iii) the Pro-Vice-Chancellor,

(iv) The Registrar, and

(v) such other persons in the service of the University as may be declared by the Regulations to be the officers of the University.

Appointment, powers and duties of officers, their terms and office etc.- (1) Subject to the provisions of this Act, the powers and duties of the officers of the University other than the Chancellor, the Vice-Chancellor, Pro-Vice-Chancellor, and the Registrar the terms for which they shall hold office and the filing of the casual vacancies in such offices shall be provided for by the Regulations.

(2) The mode of appointments, terms and conditions of service and the functions of the officers of the University, other than the Chancellor, the Vice-Chancellor, Pro-Vice-Chancellor and the Registrar, shall be prescribed by Regulations in so far as they are not provided herein.

Chancellor.- The Governor of Punjab shall be the Chancellor of the University.
Appointment, Powers, Duties and Conditions of service of Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the Chancellor from amongst distinguished persons in the field of technical education on the advice of the State Government from the panel of persons recommended by the Board of Governors through a Search Committee to be nominated by the Board of Governors :

Provided that the first Vice-Chancellor of the University shall be appointed for a period of three years by the State Government to manage the day to day affairs of the University.

(2) The Vice-University shall hold office for a term of three years which may be extended by the Chancellor, on similar advice and Recommendation of the Board of Governors for further period of three years.

(3) The Chancellor shall determine the amount of remuneration and other conditions of service of the Vice-Chancellor :

Provided such terms and conditions shall not be altered to the disadvantage of the Vice-Chancellor during the term of office.

(4) In case of illness or absence or leave of the Vice-Chancellor or in any other contingency, Pro-Vice-Chancellor shall act as Vice-Chancellor.

(5) The Vice-Chancellor shall be Principal Executive and academic officer of the University and shall exercise general control over its affairs in accordance with the Regulations and give effect to the decisions of the authorities of the University.

(6) The Vice-Chancellor shall have the power of convening meetings of the Academic Council.

(7) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act and the Regulations are faithfully observed and he shall have all powers necessary for this purpose.

(8) If, in the opinion of the Vice-Chancellor, an emergency has arisen which requires immediate action to be taken, the Vice-Chancellor shall take such action as he deems necessary and shall report the same for confirmation at the next meeting to the authority, which, in the ordinary course, would have dealt with the matter:

Provided that if the action taken by the Vice-Chancellor is not approved by the authority concerned he may refer that matter to the Chancellor whose decision thereon shall be final :

Provided further that where any such action taken by the Vice-Chancellor affects any person in the service of the University, such person shall be entitled to prefer, within thirty days from the date on which he receives notice of such action an appeal to the Board of Governors.

(9) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Regulations.

Appointment, powers and conditions of service of Pro-Vice-Chancellor.- (1) The Pro-Vice-Chancellor shall be appointed by the Chancellor on the advice of the State Government from amongst the panel of persons recommended by the Board of Governors.

(2) The Pro-Vice-Chancellor shall hold office for a term of three years which may be extended by the Chancellor, on similar advice, on the basis of the recommendation of the Board of Governors for a subsequent term of three years.

(3) the Chancellor shall determine the amount of remuneration and other conditions of service of the Pro-Vice-Chancellor.

(4) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf, from time to time and shall also exercise such powers and perform such duties as may be assigned to him by the Vice-Chancellor.

(5) In the case of illness or absence or leave of the Vice-Chancellor or in any other contingency, the Pro-Vice-Chancellor shall preside over the meetings of the Academic council and shall exercise such other powers and perform such duties as may be assigned to him by the Vice-Chancellor.

(6) In the case of illness or absence or leave of the Pro-Vice-Chancellor or in any other contingency, the Chancellor may appoint a person from amongst the Deans of Faculties of the University to act as the Pro-Vice-Chancellor or make such other arrangement as he may think fit for the disposal of business in the absence of the Pro-Vice-Chancellor. The Chancellor shall determine the emoluments or allowances payable to the persons temporarily appointed to discharge the functions of the Pro-Vice-Chancellor.

Appointment, powers, duties and conditions of service of Registrar.- (1) The Registrar shall be appointed by the Board of Governors on the recommendations of the Vice-Chancellor for a period of three yeas which may be extended by another term of three years.

(2) The terms and conditions of service of the Registrar shall bed such as may be determined by the Board of Governors.

(3) The Registrar shall be ex officio Secretary of the Board of Governors and the Academic Council.

(4) It shall be the duty of the Registrar to, -

(a) be custodian of the records, common seal and such other property of the University as the Board of Governors may commit to his charge;

(b) Keep the minutes of all the meeting of the Board of Governors and the Academic Council;

(d) arrange for and superintend the examination of the University;

(e) supply to the Chancellor copies of the agenda of the meetings of the authorities of the University as soon as they are issued and minutes of the meetings of the authorities ordinarily within a month of the holding of the meetings; and

(f) perform such other duties as may from time to time be assigned to him by the Vice-Chancellor or the Board of Governors of the University.

Authorities of the University.- (1) The following shall be authorities of the University, namely :-

(i) Board of Governors;

(ii) the Academic Council;

(iii) the Faculties;

(iv) the Board of Studies; and

(v) Such other authorities as may be declared by the Regulations to be authorities of the University.

Board of Governors.- (1) The Board of Governors shall consist of a Chairman, seven ex officiomembers and six nominated members.

(2) The Chairman of the Board of Governors shall be appointed by the Chancellor out of a panel of persons of national eminence in the field of Industry, Technology or Technical Education on the recommendations of the outgoing of the Board of Governors :

Provided that the first Board of Governors of the University shall be appointed by the State Government.

(3) The term of appointment of the Chairman of the Board of Governors shall be for a period of three yeas and he shall be eligible for re-appointment for another term of the same period.

(4) The Chairman of the Board of Governors shall ordinarily preside over the meeting of the Board of Governors and the Convocation of the University in the absence of the Chancellor.

(5) The Chancellor shall appoint the following members of the Board of Governors for a period of three years and they shall be eligible for re- appointment for another term of the same period, namely :-

Ex officio members :

(1) Vice-Chancellor, [the I.K. Gujral Punjab Technical University], Jalandhar;

(2) Vice-Chancellor, University of Roorkee, Roorkee, Uttar Pradesh;

(3) Director of Indian Institute or Technology, Delhi;

(4) Secretary to Government of Punjab, Department of Technical Education and Industrial Training;

(5) Secretary to Government of Punjab, Department of Finance.

(6) Chairman of the North-West Committee, All India Council for Technical Education, Chandigarh; and

(7) President of the Confederation of Indian Industry or his nominee.

Nominated members :

(8) Two members of the eminent industrialists;

(9) Two eminent technologists;

(10) One Principal of colleges by rotation; and

(11) One Head of the Department out of Heads of Department of the University by rotation.

(6) The Chancellor may on the recommendations of the Vice-Chancellor cancel membership of any person who ceases to hold office by virtue of which he became such a member.

(7) When a vacancy occurs in the Board of Governors by resignation or death of a member or otherwise, the vacancy shall be filled in the manner provided in sub-sections (2) and (5) :

Provided that the person who fills such vacancy shall hold office for the unexpired portion of the term for which the person in whose place he becomes a member would have otherwise continued in office.

(8) The Board of Governors shall be Supreme authority of the University and shall have the following powers and functions :-

(a) to superintend and control affairs of the University;

(b) to recommend to the Chancellor, the appointment of the Vice- Chancellor from a panel of not less than three and not more than five persons of eminence from the fields of Industry/Technology/Technical Education as prepared by a high-level "Search Committee" comprising three persons of eminence in the fields of Industry/Technology/Technical Education;

(bb) to recommend the emoluments and terms and conditions of service by the Vice-Chancellor;

(d) to frame and approve rules and regulations of the University;

(e) to create Departments/Centres/Schools/Board of studies for running various academic programmes;

(f) to create faculty and staff positions in University;

(g) to approve the University Budget;

(h) to administer and control the funds of the University and to authorise the opening and operation of Bank Accounts;

(i) to accept, transfer and otherwise control the moveable, immoveable and intellectual property of the University;

(j) to decide upon the form and use of common seal of the University;

(k) to appoint such committees as may be required for the efficient functioning of the University;

(l) to approve the emoluments and terms and conditions of service of the faculty and staff of the University;

(m) to approve the performance of works and services on contract.

(9) An annual meeting of the Board of Governors shall be held on a date to be fixed by the Vice-Chancellor in consultation with the Chairman of the Board of Governors. At such annual meeting, a report of working of the University during the previous year together with a statement of the receipts and the expenditure, the balance-sheet and financial estimates shall be presented.

(10) Special meeting of the Board of Governors may be convened by the Chairman of the Board of Governors as and when necessary.

(11) The members of the Board of Governors shall be entitled to such allowances, if any, and the sitting fee from the University as may be provided in the Regulations but no members other than the persons referred to in Clauses (1), (10) and (11) of sub-section (5) of this section shall be entitled to any salary by reasons of this sub-section.

Academic Council.- (1) The Academic council shall be Academic Body of the University and shall, subject to the provisions of this Act and Regulations have control and general regulation and be responsible for the maintenance of standards of instruction, education and examination within the University and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Regulations. It shall have the right to advise the Board of Governors on all academic matters.

(2) The Academic Council shall consist of the following members, namely :-

(1)	Vice-Chancellor	Chairman
(2)	Pro-Vice-Chancellor	Member
(3)	Dean of Faculties	Members
(4)	Heads of Departments/School of the University	Members
(5)	One Professor from each Department/Centre/School of the University other than the Heads of the Department/Centre/School by rotation	Member
(6)	Principal of all Colleges	Members
(7)	Two eminent Industrialists nominated by the Board of Governors	Members
(8)	Two eminent Technologists nominated by the Board of Governors	Members.

The nominations of members at Serial Nos. 5, 6, 7 and 8 shall be for a period of two years.

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

(i) the Vice-Chancellor as Chairman;

(ii) the Secretary to the Government of Punjab, Department of Finance;

(iii) the Secretary to the Government of Punjab, Department of Technical Education an Industrial Training; and

(iv) two members of the Board of Governors to be nominated by the Chairman of the Board of Governors.

(2) The Finance Committee shall advise the Board of Governors on all financial matters.

Powers and duties of the authorities of the University.- Subject to the provisions of the Act, the Constitution, the powers and duties of the authorities of the University other than the Board of Governors and the Academic Council shall be provided for by the Regulations.
Making amendment, repeal and operations of Regulations.- (1) The first Regulations of the University shall be made by the State Government and notified in the Official Gazette.

(2) The Board of Governors may, from time to time make new or additional Regulations or may amend or repeal the Regulations :

Provided that the Board of Governors shall not propose the draft of amendment of the Regulations affecting the status, powers or Constitution of any existing authority of the University until such authority has been given an opportunity of expressing an opinion upon the proposal and any opinion so expressed shall be in writing and shall be considered by the Board of Governors.

(3) Every new Regulations or addition to the Regulations or any amendment or repeal of a Regulation shall require the approval of the Board of Governors who may approve, disallow or remit it for further consideration.

Regulations.- Subject to the provisions of this Act, the Regulations may provide for all or any of the following matters, namely :-

(a) the Constitution, powers and duties of the academic council and such other authorities as may be deemed necessary to constitute from time to time;

(b) the appointments, powers and duties of the Officers of the University;

(c) the Constitution of a Pension or Provident Fund and the establishment of an insurance scheme for the benefit of the officers and other employees of the University;

(d) the conferment of Honorary degrees;

(e) the withdrawal of degrees, diplomas, certificates and other academic distinctions;

(f) the establishment and constitution of faculties, Departments, halls, hostels, colleges, centres and schools;

(g) the conditions under which colleges, schools and centres may be admitted to the privileges of the University and withdrawal of such privileges;

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

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

(j) the degrees, diplomas, certificates and other academic distinctions to be awarded by the University, the qualifications for the same and the amounts to be taken relating to the granting and obtaining of the same;

(k) the fees to be charged for courses of study in the University and for admission to the examinations, degrees, diplomas and certificates of the University;

(l) the conditions for the award of fellowship, scholarship, studentship, exhibitions, medals and prizes;

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

(n) the maintenance of discipline among students at the University;

(o) the conditions of residence at the University;

(p) the emoluments and terms and conditions of service of the officers an employees of the University;

(q) the management of Colleges, Schools and Centres founded or maintained by the University;

(r) the supervision and inspection of colleges, schools and centres admitted to the privileges of the University; and

(s) all other matters which by this Act or may be provided for by the Regulations.

Sub-Regulations.- (1) The authorities of the University may make Sub- Regulations consistent with the Act and Regulations :-

(a) laying down, the procedure to be observed at their meetings and the number of members required to form a quorum;

(b) providing for all matters which by this Act and Regulations are to be specified.

(2) Every authority of the University shall make Sub-Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of the meetings.

Grant by the State Government.- (1) The State Government may from time to time provide such amounts by way of grants for meeting the capital recurring or other expenditure of the University as it may deem fit.

(2) Without prejudice to the generality of the foregoing provision, the State Government shall provide a minimum annual grant of rupees two crores to the University for meeting its recurring expenditure :

Provided that if during any financial year the entire amount of the aforesaid grant is not utilised for meeting the recurring expenditure, the unutilised balance may, with the previous sanction of the State Government, be utilised for meeting capital expenditure of the University.

Annual Report.- The Annual Report of the University shall be prepared and shall be submitted to the Board of Governors for approval at its annual meeting on or before such date as may be prescribed by Regulations.
Annual Accounts.- The accounts of the income and expenditure of the University shall be submitted once in every year to the State Government for such examinations and audit as the State Government may direct. The accounts when audited shall be published in the Punjab Government Gazette.
Acts of proceedings of authorities and bodies not invalidated by vacancies.- No act done, or proceedings taken, under the Act by any authority or any other body of the University shall be invalid merely on the ground of any :-

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

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

Disputes about constitution of authorities and bodies.- If any question arises whether a person has been duly nominated or appointed or is entitled to be a member of any authority or body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.
Powers and duties of the authorities of the University.- If any difficulty arises with respect to the establishment of the University or in connection with the first meeting of any authorities of the University or otherwise in first giving effect to the provisions of this Act, the State Government may at any time before any authority of the University has been constituted, by order make any appointment or do anything consistent so far as may be with the provisions of this Act, which appears to it necessary or expedient for the purpose of removing the difficulty and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act.
Repeal and saving.- (1) The Punjab Technical University Ordinance, 1996 (Punjab Ordinance 5 of 1996), is hereby repealed.

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