|THE PUNJAB TECHNICAL UNIVERSITY ACT, 1997|
THE PUNJAB TECHNICAL UNIVERSITY ACT, 1997
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
The 16th January, 1997
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:-
The Punjab Technical University Act, 1996 (Punjab Act No.-1 of 1997) 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
1. (1) This Act may be called the Punjab Technical University Act, 1996
(2) It shall come into force at once.
Short title and commencement
2. 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 the Principal or the acting Principal, a Vice Principal duly appointed as such
(d) "Regulations" means the Regulations of the University made under this 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 Punjab Technical University, Jalandhar as incorporated under this Act.
3. (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 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 Incorporation of the University 4. The powers 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 Powers and duties of the University of the technical education inclose cooperation with industry.
(2) Generate and maintain resources through Consultancy services testing services, continuing education programmes national and international collaborations and transfer of intellectual property rights.
(3) Institute and confer degree, diplomas, certificates and other academic distinctions;
(4) Hold examinations and to grant and confer degrees, diplomas, certificates and other distinctions to and on persons whoa) Shall have pursued a course of study in the University or in one of its Colleges unless exempted therefromin the manner prescribed by Regulations 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 degrees in the manner laid down by the Regulations;
(6) Institute Professorships, Readerships, Lectureships and any other teaching posts required by the University and to appoint persons to such Professorships, Readerships, Lectureships 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) Organised laboratories, libraries museums and to provide such other equipment for teaching and research as is required;
(11) Demand and received such fees and other charges as may be prescribed by Regulations;
(12) Hold and manage trusts and endowments which may be created in favor of the University;
(13) Institute and manage-
(a) Printing and Publication Departments;
(b) University Extension Boards;
(c) Information Bureau; and
(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) the maintenance of National Cadet Corps or other similar organisations;
(b) physical and military training; and
(c) sports and athletic clubs;
(16) create administrative, ministerial and other necessary posts and make appointments thereto;
(17) receive gifts, donations or benefactions from the State Government or the Central Government and to receive bequests, donations and transfer of movable or immovable property from testers, donors or transferors, as the case may be; and
(18) do all such other acts whether incidental to the powers afro-said or not, as may be requisite in order to further the objects of the University.
5. (1) The territorial limits in which the University shall exercise its power and perform it 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 regulations and statues.
(2) Notwithstanding anything contained in any other law for the time being inforce, any college imparting technical education and situated within the limits of the areas 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 be admitted to any privileges of, the Punjab University, Territorial exercise of the powers 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 therefore 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 Regulation; and
(b) any such student may, until any such examination is held by the University, be admitted to the examination of the said Universities and be conferred the degree, diploma or any other privileges of those Universities for which he qualifies on the result of such examination.
6. (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 of 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 or birth in order to entitle him to hold any post or any office in the University or to enjoy or exercise any privileges of the University or benefactions thereof. University open to all irrespective of religion, race, caste, sex or place of birth
7. The following shall be officer 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. Officers of the university
8. (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 filling of the casual vacancy 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.
Appointment, powers and duties of officers, their term of office etc.
9. The Governor of Punjab shall be the Chancellor of the University.
10. (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 Chancellor shall hold office for a term of three years, which Chancellor Appointment, powers, duties and conditions of may be extended by the Chancellor, on similar advice and Recommendations 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 that 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 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 received 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.
Service of Vice
11. (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 the term of three years which may be extended by the Chancellor, on similar advice on the basis of the recommendations 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 services 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 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 arrangements 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.
Appointments, powers and condition of service of Pro Vice Chancellor
12. (1) The Registrar shall be appointed by the Board of Governors on the recommendations of the Vice Chancellor for a period of three years which may be extended by another term of three years.
(2) The term and conditions of service of the Registrar shall be 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 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 meetings of the Board of Governors and the Academic Council.
(c) Conduct the official correspondence 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.
Appointments, powers, duties and condition of service of Registrar
13. (1) The following shall be the 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. Authorities of the University
14. (1) The Board of Governors shall consist of a chairman, seven ex officio members 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 Chairman 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 years and he shall be eligible for reappointment for another terms for 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 reappointment for another term of the same period namely:-
Ex- Officio members;
(1) Vice Chancellor, Punjab Technical University, Jalandhar;
(2) Vice Chancellor, University of Roorkee, Roorkee Uttar Pradesh
(3) Director of Indian Institute of 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.
(8) Two members of the eminent industrialists;
Board of Governors
(9) Two eminent technologists;
(10) One Principal of colleges by rotation; and
(11) One Head of the department out of Heads of Departments 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 of 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 the 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 of the Vice Chancellor
(c) to approve academic programmes;
(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, immovable 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 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 report of the Board of working of the University during the previous year together with a statement of the receipts and the expenditure of the balance sheet and the 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 subsection.
15 (1) The Academic Council shall be the 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 of advise the Board of Governors on all academics 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 the Departments/ Member
School of the University
(5) One Professor from each Department/ Member Centre/ School of the University other than the Heads of the Department/ Centre/ School by rotation.
(6) Principal of all Colleges Members
(7) Two eminent Industrialist nominated Member by the Board of Governors
(8) Two emanate Technologists nominated Member by the Board of Governors
The nominations of members at Serial Nos. 5,6,7 and 8 shall be for a period of two years.
16 (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 and Industrial Training: and
iv) two members of the Board of Governors to the nominated by the Chairman of the Board of Governors
(2) The Finance Committee shall advise the Board of Governors on all financial matters.
17 Subject to the provisions of this 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 by the Regulations.
18. (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 addition 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.
Powers and duties of the authorities of the University Making amendment, repeal and operation of Regulations
19 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 Pension of 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 to 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 qualification 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 the study in the university and for admission to the examination, degrees, diplomas and certificate of the university;
(l) the conditions for the award of fellowship, scholarships, studentships, 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 of students at the university;
(p) the emoluments and terms and conditions of service of the officers and 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 privileges of the university; and
(s) all other matters which by this act may be provided for by the regulations.
20. (1) The authorities of the university may make sub-regulations consistent with act and Regulations:-
(a) Laying down, the procedure to be observed at their meetings and the number of members required to from 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 meeting
21. (1) The State Government any from time to time provide such amount 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 cores 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.
Grant by the State Government
22 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.
23. 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.
24. No act done, or proceeding taken, under this 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
c) Defect or irregularity in such act or proceeding, not, affecting the merits of the case Acts of proceedings of authorities and bodies not invalidated by vacancies
25. 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 in the Chancellor whose decision thereon shall be final.
26. If any difficulty arises with respect to the establishment of the University or in connection with the first meeting of any authority of the University or otherwise in first giving effect to the provisions of this Act, the State Government may at any time before the authority of the University has been constituted, by order make any appointment or do anything consistent so far as may be with dinette 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.
Disputes about constitution of authorities and bodies Powers and duties of the authorities of the University
27. (1) The Punjab Technical University Ordinance, 1996 (Punjab Ordinance 5 of 1996), 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 the corresponding provisions of this Act.
Repeal and saving
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs
|Punjab State Acts|