(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 another affiliated college under the same Managing Committee.]
2[7-A. (1) The State Government may, by notification, in the Official Gazette, constitute one or more Educational Tribunals 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 other from amongst the persons, who have academic background.
3[(3) The Chairman of an Educational Tribunal, shall be appointed by the State Government in consultation with the Chief Justice of the Punjab and Haryana High Court. The members of an Educational Tribunal shall be appointed by the State Government.]
(4) A person shall not be qualified for appointment as Chairman ofan Educational Tribunal. unless he has been a Judge of the HighCourt.
(5) A person shall not be qualified for appointment as a member ofan Educational Tribunal from the category of persons, havingadministrative background, unless he has been an officer of theState Government, not below the rank of a Principal Secretaryto Government of Punjab.
(6) A person shall not be qualified for appointment as a member ofan Educational Tribunal from the category of persons, havingacademic background, unless he has been a Principal of Collegefor a minimum period of one year.
4[(7) (i) If a vacancy, other than on account of temporaryabsence, occursin the office of the 1Substituted by Punjab Act No. 6 of 1983, Section 6 2Substituted by Punjab Act No. 11 of 2008, Section 5 3Substituted by Punjab Act No. 6 of 2022, Section 4 4Substituted by Punjab Act No. 8 of 2023, Section 2 Educational Tribunal.
Retrenchment.
chairman or a member, the State Governmentshall appoint another person in accordance with provisions of this section to fill the vacancy.
(ii) Subject to the provisions of sub-section (15), the Chairman and at least one other member or in the case of the vacancy in the office of Chairman, two members shall constitute proper quorum of the Educational Tribunal:
Provided that if the office of the Chairman is vacant otherwise than on account of a temporary vacancy, the member appointed under sub-section (3) read with sub-section (5), shall exercise the powers of the Chairman during the period of such vacancy.
(iii) No proceedings of the Educational Tribunal shall be invalid merely on account of a vacancy in the office of the Chairman or a member.]
(8) The State Government shall make available to an EducationalTribunal such staff, as may be necessary in the discharge of itsfunctions under this Act.
(9) All expenses incurred in connection with an Educational Tribunal,shall be borne by the State Government
(10) The Educational Tribunal shall have power to regulate its ownprocedure in all matters arising out of the discharge of itsfunctions including the place or places at which, it shall hold itssittings:
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 ofan application made under this Act, have the same powers, asare vested in an appellate court by the 1[Code of Civil Procedure,1908, including the power of review of its own order.]
An Educational Tribunal shall also have the power to staythe operation of any order, appealed against, on such terms, asit may think appropriate.
1Substituted by Punjab Act No. 8 of 2023, Section 2
(12) The Educational Tribunal shall have jurisdiction to hear all casesof disputes between the Managing Committees' and the 'employees', as defined in this Act, and the Punjab PrivatelyManaged Recognised Schools Employees (Security of Service) Act, 1979.]
1[(13) Subject to the power of review of its own orders, the orders of the Educational Tribunal shall be final.]] 2[(14) (i) Where any amount is due from any person under an order made by the Educational Tribunal, the person entitled to the amount may make an application to the Educational Tribunal and the Educational Tribunal may order the bank account of the person from whom such amount is recoverable to be attached and direct the concerned bank to stop all payments out of the bank account so attached.
(ii) If the person from whom the amount is due or recoverable fails or omits to make the payment of the dues to the person entitled to receive such amount within three months from the date of attachment, the Educational Tribunal may direct the bank to deposit the amount due out of the balance available in the bank accountattached under clause (i) to be paid to the party entitled thereto and on deposit of such amount the attachment shall stand vacated.
(iii) If the Educational Tribunal deems it not practicable or convenient to recover the amount, due from a person, under the clauses (i) and (ii), it may issue a certificate for the said amount to the Collector of the district and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.
1Substituted by Punjab Act No. 8 of 2023, Section 2 2Substituted by Punjab Act No. 8 of 2023, Section 2
(15) (i) Notwithstanding anything contained in this section, the Chairman may constitute Benches consisting of the Chairman and one member or of two members to be called Double Benches or of a Chairman or of a member to be called Single Benches, and assign or reassign or transfer between Benches such cases or class or classes of cases, to such benches by passing general or special orders and such Benches shall exercise jurisdiction, powers and authority of the Educational Tribunal.
(ii) The quorum of the Full Bench of the Educational Tribunal shall be regulated in terms of subsection (7).
(iii) If at any stage of the hearing of a case or matter a Single Bench deems fit and makes a reference to the Chairman that the case or matter is of such a nature that it ought to be heard by the Full Bench or another Single Bench, the Chairman may transfer such case or matter to such other Single Bench or Full Bench as the Chairman may deem fit.
(iv) If a case is transferred from one Bench to another Bench, proceedings before such other bench shall continue from the stage at which they are received.]
1[7-B. The tenure of office of the Chairman and the members of the Educational Tribunal shall be three years or till attaining the age of sixty-five years whichever is earlier.]
2[7-C. The Administrative Secretary to Government of Punjab, Department of Higher Education may, -
(i) on the recommendation of the University to which the college is affiliated; or
(ii) on being satisfied that a case of mismanagement is made out against the affiliated college, after reasons to 1Inserted by Punjab Act No. 9 of 2015, Section 2 2Inserted by Punjab Act No. 6 of 2022, Section 5 Tenure of office of the Chairman and the members.
Suspension of Managing Committee.
be recorded in writing, suspend the Managing Committee of such affiliated college for one year in the first instance, and appoint an Administrator:
Provided that the tenure of suspension may be extended by one year at a time.]
1[7-D. The Educational Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the Provisions of the Contempt of Courts Act, 1971 (70 of 1971), shall have effect subject to the modification that the references therein to a High Court shall be constructed as including a reference to the Educational Tribunal.]
2[8. No civil court shall have jurisdiction in respect of any matter in relation to which the State Government, the Director or a 3[Educational 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. No suit, prosecution or other legal proceeding 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.
4[9-A. If the Managing Committee fails to carry out any order of the 31[Educational Tribunal] or any directions 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.]
5[9-B. 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. If any person, - 1Inserted by Punjab Act No. 8 of 2023, Section 3 2Substituted by Punjab Act No. 6 of 1983, Section 6 3Substituted for words “College Tribunal” by Punjab Act No. 11 of 2008, Section 2 4Inserted by Punjab Act No. 6 of 1983, Section 7 5Inserted by Punjab Act No. 8 of 1999, Section 4 Jurisdiction of Civil Courts barred.
Protection of action taken in good faith.
Noncompliance with order or direction.
Grant of pensionary benefits.
Punishment for failure to comply with the provisions of pensionary benefits.
Power to punish for contempt.
(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; or
(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 thereunder;
he shall be punishable with imprisonment, which may extend to one year or with fine, which may extend to fifty thousand rupees or with both.]
10. 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 appear to it to be necessary or expedient for the purpose of removing the difficulty.
11. 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.