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The Punjab Affiliated Colleges (Security of Service of Employees), Act 1974 Complete Act - Bare Act

StatePunjab Government
Year
Act Info:
THE PUNJAB AFFILIATED COLLEGES (SECURITY OF SERVICE OF EMPLOYEES), ACT 1974

THE PUNJAB AFFILIATED COLLEGES (SECURITY OF SERVICE OF EMPLOYEES), ACT 1974

AS AMENDED UPTO 15-02-2008
(Punjab Act No. 23 of 1974)
CONTENTS

SECTIONS
1. Short title and extent
2. Definitions
2-a Period of probation
2-b Suspension of employees.
3. Dismissal, removal or reduction in rank not to be ordered except after inquiry
4. Procedure to be observed before dismissal or removal.
5. Procedure to observed before reduction in rank.
6. Section 3,4 and 5 not to apply in certain cases
7. Retrenched employees to be given preference
7-a Educational Tribunal
8. Jurisdiction of Civil Courts Barred
9. Protection of action taken in good faith
9-a Non-compliance with order or direction
9-b Grant of pensionary benefits
9-c Punishment for failure to comply with the provisions for pensionary benefits
10. Power to remove difficulties
11. Overriding effects of this Act.
12. Power to make rules.
_______________________________________________
Received the assent of the Governor of the Punjab on the 28th August, 1974, am was published in the Punjab Gazette, (Extraordinary), Legislative Supplement Part 1, dated the September 12, 1974 / Bhadra 21, 1896.
Statement of objects and Reasons.:-
The non-teaching staff working in affiliate colleges in the state has been pressing hard the Government to take necessary step to legislate measures for the security of their service on the pattern of the one provide to the teaching staff. In the year 1974 The Punjab Affiliated Colleges in the state of
Punjab
and to grant pensionary benefits to the employees appointed against the aided posts (Security of service of teachers) Act, 1974, was passed for this purpose. In order to meet the demand of the non-teaching staff a suitable legislation is being undertaken

AMENDMENTS:-
Amended by Pb. Act No. 25 of 1975.
Amended by Punjab Act. No. 6 of 1983.
Amended by Pb. Act No. 4 of 1999.
Amended by Pb. Act No. 11 of 2008.
_____________________________________________________________

An Act to provide for the security of services to employees of affiliated colleges.
Be it enacted by the legislature of the State of Punjab in the in the Twenty-fifth Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Affiliated Colleges (Security of Service) Act 1974.
(2) It extends to the whole of the State of Punjab.
2.
Definitions "
In this Act, unless the context otherwise requires-
(a) "affiliated college" means a college associated with and admitted to the privileges of University constituted or established under any law for the time being in force but does not include a Government college or college established or maintained by such a University.
(aa) "aided post" means an aided post on the establishment of an affiliated college against which such a college gets grant-in-aid from the State Government from time to time.
(b) "Director" means the Director of Public Instruction, Public and includes any other officer authorized by the State Government to perform the functions of the Directors under this Act.
(c) "Educational Tribunal" means a Tribunal, constituted under section 7-A of this Act, which shall hear and decide the cases of disputes between the Management Committees" and the "employees", as defined in this Act and the Punjab Privately Managed Recognized Schools Employees (Security of Service) Act, 1979;
(d) "Managing Committee" means the Managing Committee of an affiliated College and includes a person or body of persons for the time being entrusted with the management of the affairs of an affiliated college.
(e) "employee" means a person in the employment of an affiliated College but does not include a work-charged employee; and
(f) "educational institution" means ˜an affiliated college as defined in clause (a) of section 2 of this Act, and includes ˜a privately managed recognized school' as defined in clause (g) of section 2 of Punjab Privately Managed Schools Employees (Security of Service) Act, 1979."
2a. Period of Probation "
An employee appointed against a vacancy likely to exist for more than one year shall remain on probation for a period of one year which may be extended from time to time.
2b. Suspension of employees "
(1) No employee shall be placed under suspension unless;
(a) disciplinary proceedings against him are contemplated or are pending; or
(b) a case against him in respect of any criminal offence is under investigation, inquiry or trial.
(2) No employee shall be kept under suspension for a period exceeding six month without the prior approval of the Secretary to Government of Punjab, Department of Education.

3. Dismissal, removal or reduction in rank not to be ordered except after inquiry
No employee shall be dismissed or removed or reduced in rank except after enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

4. Procedure to be observed before dismissal or removal "
(1) The penalty of dismissal or removal from service shall not be imposed unless the same is approved by the Director.
(2) Where after the inquiry referred to in section 3 , it is proposed to impose the penalty of dismissal or removal from the service, the proposal shall be referred to the Director along wit the relevant record and intimation about the proposal having been so referred shall be sent to the employee concerned also, simultaneously.
(3) The employee may, within a period of thirty days of the receipt of the intimation referred to in sub section (2), make a representation against the proposed penalty to the Director who may, by an order in writing give his approval to the imposition of the proposed penalty of dismissal or removal from service, as the case may be, or refuse to give approval if the proposal is found to be mala fide or by the way of victimisation or not warranted by the facts and circumstances of the case.
(4) Any party aggrieved by an order of director under sub section (3) may file an appeal to the Educational Tribunal, which may after giving to the parties an opportunity of being heard pass such order as he may deem fit.

5. Procedure to observed before reduction in rank
"
(1) Where after the inquiry referred to in section 3, it is proposed to impose the penalty of reduction in rank the employee shall be given a reasonable opportunity of making representation on the penalty proposed to be imposed and no order of reduction in rank shall be passed unless such an opportunity has been given.
(2) An employee against whom an order of reduction in the rank is passed may, within the prescribed period and in the prescribed manner , file an appeal to the Educational Tribunal and it may after examine the record and giving to the parties an opportunity of being heard set aside the order of reduction in rank, if the same is found to be mala fide or by way of victimization or not warranted by the facts and circumstances of the case.

6. Section 3, 4 and 5 not to apply in certain cases
"
The provisions of section 3, 4 and 5 shall not apply-
(i) to the termination of service of any employee who is appointed for a temporary period only.
(ii) to the termination of service of any employee appointed on probation during or at the end of the period of probation, on account of his work or conduct being unsatisfactory.
(iii) to an employee who is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on criminal charge; and.

7. Retrenchment "
(1) No employee of an affiliated college shall be retrenched on account of reduction in work load without prior approval of the Director who shall before according approval examine each case in accordance with the norms of work load laid down by the University with which such college is affiliated.
(2) An employee who is relieved from an affiliated college as a result of retrenchment, shall have preference for appointment to future vacancies in the affiliated college in which he was serving immediately before retrenchment or in any other affiliated college under the same Managing Committee.
7-a. Educational Tribunal " (1) The State Government may, by notification, in the Official Gazette, constitute one or more Educational Tribunal for such area or areas, as may be specified in such notification.
(2) Each Educational Tribunal shall consist of a Chairman and two members, out of whom, one shall be from amongst the persons, who have administrative background and the others from amongst the person, who have academic background.
(3) The chairman and the member of an Educational Tribunal, shall be appointed by the State Government in consultation with the Chief Justice of the Punjab and Haryana High Court.
(4) A person shall not be qualified for appointment as Chairman of an Educational Tribunal, unless he has been a judge of High Court.
(5) A person shall not be qualified for appointment as a member of an Educational Tribunal from the category of person, having administrative background , unless he has been an officer of the State Government, not below the rank of a Principal Secretary to Government of Punjab.
(6) A person shall not be qualified for appointment as a member of an Educational Tribunal from the category of person, having academic background, unless he has been a Principal of College for a minimum period of one year.
(7) If a vacancy, other than on account of temporary absence, occurs in the office of the Chairman, the State Government shall appoint another person in accordance with the provision of this section to fill the vacancy, and the proceeding may be continued before the Educational Tribunal from the stage at which, the vacancy is filled.
(8) The State Government shall make available to an Educational Tribunal such staff, as may be necessary in the discharge of its function under this Act.
(9) All expenses incurred in connection with an Educational Tribunal, shall be born by the State Government.
(10) The Educational Tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which, it shall holds its sitting:
Provided that the State Government, may, specify any place or places, where the Educational Tribunal shall hold its sittings.
(11) The Educational Tribunal shall, for the purposes of disposal of application made under this Act, have the same powers, as are vested in an appellate court by the Code of Civil Procedure, 1908. An Educational Tribunal shall also have the power to stay the operation of any order, appealed against, on such term, as it may think appropriate.
(12) The Educational Tribunal shall have jurisdiction to hear all cases of dispute between the ˜Managing Committees' and the ˜employee', as defined in this Act, and the Punjab Privately Managed Recognised Schools Employees(Security of Service) Act,1979.
(13) The order of the Educational Tribunal shall be final.

8. Jurisdiction of civil courts barred
"
No civil court shall have jurisdiction in respect of any matter in relation to which the State Government, the Director or a Eduvational Tribunal is empowered by or under this Act to exercise any power and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Act.

9. Protection of action taken in good faith
. "
No suit, prosecution or other legal proceedings shall lie against the State Government or any authority or any officer appointed under this Act for anything which is in good faith done or intended to be done in pursuance of this Act.

9-a. Non-compliance with order or direction
"
If any Managing Committee fails to carry out any order of the Educational Tribunal or any direction of the Director under this Act, the State Government may take such action as it may think fit including stoppage of the grant-in-aid. .

9-b. Grant of pensionary benefits
"
The State Government, may grant to the employees appointed against the aided posts such pensionary benefits and on such terms and conditions, as may be prescribed.

9-c. Punishment for failure to comply with the provisions for pensionary benefits
.
If any person:-
(a) fails or refuses to submit any return, statement or other document required under the rules made under this Act, or submits a false return, statement or other document or makes a false declaration;
(b) obstructs any officer or official in the discharge of his duties or fails to produce any record for verification by such officer or official, as the case may be; or
(c) is guilty of non-compliance of any of the provisions of this Act or the rules made there under.
He shall be punishable with imprisonment, which may extend to one year or with fine, which extend to fifty thousand rupees or both.

10. Power to remove difficulties
. "
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.

11. Overriding effect of this Act
"
The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force including any regulation or statute of any university.

12. Power to make rules - (1)
The State Government may, by notification in the Official Gazette make rules tar carrying out the purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely "
(i) the procedure to be observed for any inquiry under section 3;
(ii) the manner of filing an appeal to the 1(Educational Tribunal) under section 5 and the period within which the same is to be filed;
(ii-a) the terms and conditions of service of the Presiding Officer of a Educational Tribunal.
(ii-b) the grant of pensionary benefits under section 9-B.}
(iii) any other matter which has to be, or may be prescribed.
(3) Every rule made under this section shall be laid as soon as may be, after it is made , before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or in more successive sessions and if, before the expiry of the session in which it is so laid or the successive session aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously-done or omitted to be done under the rule.
Punjab State Acts


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