“Provided further that increase in fee shall not exceed eight per cent of the fee of the previous year charged by the Unaided Educational Institution. In case an Unaided Educational Institution intends to increase the fee beyond eight per cent of the previous year, the said institution shall notify and display at a conspicuous place the proposed annual fees and the funds to be charged by them one month before the start of admissions to the next academic session:
Provided further that a complaint in respect of such fee or funds, as defined in clauses (g) and (h) of section 2 read with section 9, to be Amendment in section 4 of Punjab Act 47 of
2016.
Amendment in section 5 of Punjab Act 47 of
2016.
150 PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019 (AGHN 29, 1941 SAKA) 151 charged by such institutions alongwith any proposed increase in fee and/ or funds, may be made before the Regulatory Body and said Body shall dispose of such complaint in accordance with the provisions of this Act:
Provided further that the student(s), whose father or earning member dies during their study in an Unaided Educational Institution, shall not be compelled to leave the institution on account of non-payment of fee or funds and such students shall not be charged any fee till the completion of their studies in that institution:
Provided further that in case the Unaided Educational Institutions specify for purchasing of specific uniforms or books, they shall have to notify and display the specifications of such uniforms and books at conspicuous place and the parents shall be at liberty to purchase such uniforms or books from any place of their choice. However, the colour and design and any other specification of the uniforms so notified, shall not be changed at least for next two years.” S.K. AGGARWAL, Secretary to Government of Punjab, Department of Legal and Legislative Affairs.
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PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 20th December, 2019 No.23-Leg./2019.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 12th day of December, 2019, is hereby published for general information:- THE JAGAT GURU NANAK DEV PUNJAB STATE OPEN UNIVERSITY ACT, 2019 (Punjab Act No. 19 of 2019) AN ACT to establish and incorporate an open University in the State of Punjab to provide flexible open learning opportunities by overcoming the separation of teacher and learner using existing, new and emerging forms of technology and delivery through a variety of Information and Communication Technology Educational Aids with an objective to achieve universal quality education and for matters connected therewith or incidental thereto.
1. (1) This Act may be called the Jagat Guru Nanak Dev Punjab State Open University Act, 2019.
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
2. In this Act, rules and regulations made thereunder, unless the context otherwise requires,—
(a) “Academic Council” means the Academic Council of the University;
(b) “Board” means the Board of Governors of the University;
(c) “Board of Studies” means the Board of Studies of the University;
(d) “College” means a College or other academic institution established or maintained by, or admitted to the privileges of the University;
(e) "Chancellor" means the Chancellor of the University;
(f) “Employee” means any person appointed by the University, and includes teachers and other academic staff of the University;
Short title and commencement.
Definitions.
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(g) “Finance Committee” means the Finance Committee of the University;
(h) “Learner Support Centre” means a centre established, maintained or recognised by the University for advising, counseling, providing interface between the teachers and the learners, and rendering any academic and any other related service and assistance required by the learners;
(i) “Learner Support Services” means and includes such services as are provided by the University in order to facilitate the acquisition of teaching-learning experiences by the learner to the level prescribed by or on behalf of the University in respect of a programme of study;
(j) “Open and Distance Learning Mode” means a mode of providing flexible learning opportunities by overcoming the separation of teacher and learner using a variety of media, including print, electronic, digital, online and occasional interactive face-to-face meetings;
(k) “Planning Board” means the Planning Board of the University;
(l) “Regulations” means the regulations made by any authority of the University under this Act for the time being in force;
(m) “School” means a School of Studies of the University;
(n) "State Government" means the Government of the State of Punjab;
(o) “Student” means a student of the University, and includes any person who has enrolled himself for pursuing any course of study of the University;
(p) “teachers” means Professors, Associate Professors, Assistant Professors and such other persons as may be designated as such by the Regulations for imparting instruction in the University or for giving guidance or rendering assistance to students for pursuing any course of study of the University;
(q) “University” means the Jagat Guru Nanak Dev Punjab State Open University established under this Act; and
(r) “Vice-Chancellor” means the Vice-Chancellor of the University;
3. (1) There shall be established a University by the name of the “Jagat Guru Nanak Dev Punjab State Open University”.
(2) The headquarters of the University shall be at Patiala and it may establish or maintain Colleges and Learner Support Centers in the State as it may deem fit:
Establishment and incorporation of the University.
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Provided that the University may, with the prior approval of the Government of India, also establish Learner Support Centers outside India.
(3) The first Vice-Chancellor, the first members of the Board of Governors, the Academic Council and the Planning Board 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 “Jagat Guru Nanak Dev Punjab State Open University”.
(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
4. The objects of the University shall be-
(a) to provide educational opportunities to those students who could not be reached or who could not access other institutions of higher learning;
(b) to realise equality of educational opportunities for higher education for a large segment of the population including those in employment, women, including housewives, adults and Non- Resident Indians who wish to upgrade their education or acquire knowledge and studies in various fields through open and distance learning mode;
(c) to provide flexibility with regard to eligibility for enrolment, age of entry, choice of courses, methods of learning, conduct of the programmes;
(d) to complement the programmes of the existing Universities in the State in the field of higher learning so as to maintain the highest standards at par with the best Universities in the country with an endeavor to match international standards; and
(e) to offer degree, diploma and certificate courses for the benefit of the working population in various disciplines.
5. (1) The University shall have the following powers, namely:—
(i) to provide for instruction in such branches of knowledge, technology, vocations and professions as the University may determine from time to time and to make provision for research;
(ii) to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose;
(iii) to partner with institutions of higher learning in the country or abroad for furtherance of its objectives through sharing of best practices, The objects of the University.
Powers of the University.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019 (AGHN 29, 1941 SAKA) 156 use of new and emerging technologies, sharing of content and Information Technology based platforms etc.;
(iv) to provide for the preparation of instructional materials, and course content using existing, new or emerging form of technology and delivery through a variety of Information and Communication Technology educational aids i.e. online education in the form of Open Educational Resources (OERs) or Massive Open Online Courses (MOOCs) etc;
(v) to hold examinations and confer degrees, diplomas, certificates or other academic distinctions or recognitions on persons who have pursued a course of study or conducted research in the manner laid down by the regulations;
(vi) to confer honorary degrees or other distinctions in the manner laid down by the regulations;
(vii) to determine the manner in which distance education in relation to the academic programmes of the University may be organized for flexible learning opportunities by overcoming the separation of teacher and learner using a variety of media, including print, electronic, online and occasional interactive face-to-face meetings with the presence of a Higher Educational Institution or Learner Support Services to deliver teaching-learning experiences, including practical or work experiences;
(viii) to institute professorships, associate professorships, assistant professorships and other academic positions necessary for imparting instruction or for preparing educational material or for conducting other academic activities, including guidance, designing and delivery of course and evaluation of the work done by the students, and to appoint persons to such professorships, associate professorships, assistant professorships and other academic positions;
(ix) to cooperate with, and seek the cooperation of other universities and institutions of higher learning, professional bodies and organizations for such purposes as the University considers necessary;
(x) to institute and award fellowships, scholarships, prizes and such other awards for recognition of merit as the University may deem fit;
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(xi) to establish and maintain such Learner Support Centers as may be determined by the University from time to time;
(xii) to organize and conduct refresher courses, workshops, seminars and other programmes for teachers, content writers, evaluators and other academic staff;
(xiii) to recognize examinations of, or periods of study (whether in full or part) at other universities, institutions or other places of higher learning as equivalent to examinations or periods of study in the University, and to withdraw such recognition at any time;
(xiv) to make provision for research and development in educational technology and related matters;
(xv) to create administrative, ministerial and other necessary posts and to make appointments thereto keeping in view the norms prescribed by the University Grants Commission, State Government or any other statutory body applicable on universities;
(xvi) to receive benefactions, donations and gifts and to acquire, hold, maintain and dispose of any property movable or immovable, including trust and Government property, for the purposes of the University;
(xvii) to borrow, with the approval of the State Government, whether on the security of the property of the University or otherwise, money for the purposes of the University;
(xviii) to enter into, carry out, vary or cancel contracts;
(xix) to demand and receive such fees and other charges as may be laid down by the regulations;
(xx) to provide, control and maintain discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including their codes of conduct;
(xxi) to recognise any institution of higher learning or studies for such purposes as the University may determine and to withdraw such recognition;
(xxii) to appoint, either on contract or otherwise, visiting Professors, Emeritus Professors, Consultants, fellows, scholars, artists, writers and such other persons who may contribute to the advancement of the objects of the University;
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(xxiii) to recognise persons working in other universities, institutions or organisations as teachers of the University on such terms and conditions as may be laid down by the regulations;
(xxiv) to determine standards and to specify conditions for the admission of students to courses of study of the University which may include examination, evaluation and any other method of testing;
(xxv) to make arrangements for the promotion of the general health and welfare of the employees;
(xxvi) to confer autonomous status on a College or a Learner Support Centre in the manner laid down by the regulations;
(xxvii) to admit to its privileges any College subject to such conditions as may be laid down by the regulations; and
(xxviii) to do all such acts as may be necessary or incidental to the exercise of all or any of the powers of the University as are necessary and conducive to the promotion of all or any of the objects of the University.
(2) Notwithstanding anything contained in any other law for the time being in force, but without prejudice to the provisions of sub-section (1), it shall be the duty of the University to take all such steps as it may deem fit for the promotion of the Open University and distance education systems and for the determination of standards of teaching, evaluation and research in such systems.
6. The University shall in the exercise of its powers, have jurisdiction over the whole of the State of Punjab and over the Learner Support Centres outside India set up with the approval of Government of India.
7. (1) The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or admitted as a student in the University, or to graduate thereat, or to enjoy or exercise any privilege thereof.
(2) Nothing in sub-section (1) shall be deemed to prevent the University from making any special provision for the appointment or admission of women or of persons belonging to the weaker sections of the society, and in particular, of persons belonging to the Scheduled Castes or Scheduled Tribes.
Jurisdiction.
University open to all classes, castes and creeds.
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