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Section 19: The following shall be the officers of the University, namely

Sri Guru Teg Bahadur State University of Law, Punjab Act, 2020.State Act of Punjab · Act 12 of 2020

(i) the Vice-Chancellor;

(ii) the Registrar;

(iii) the Head of the Department; and

(iv) such other officers as may be prescribed.

20. (1) The Vice-Chancellor, who shall be an academic person and an outstanding scholar in law, is a whole-time officer of the University.

(2) The Vice-Chancellor shall be appointed by the Chancellor on the advice of the State Government out of a panel of persons of national eminence, prepared through a transparent screening process recommended by the Committee so formed by the State Government to suggest such a panel:

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

(3) No person, who is an employee of the University, shall be Officers of the University.

The Vice- Chancellor.

PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 30, 2020 (ASVN 8, 1942 SAKA) 110 nominated as a Member of the Committee constituted under sub- section (2).

(4) The term of office of the Vice-Chancellor shall be three years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier, and he shall be eligible for reappointment for further terms till he attains the age of seventy years:

Provided that the Chancellor may, on the advice of State Government require the Vice-Chancellor upon expiry his term has, to continue in office for such period, as may be specified by him, but not exceeding one year.

(5) Notwithstanding anything contained in sub-section (2), the Chancellor, on the recommendations of the State Government may, at any time, by an order in writing, remove the Vice-Chancellor from the office on the ground of incapacity, misconduct or violation of statutory provisions:

Provided that the no such order of removal shall be passed unless the Vice-Chancellor has been given a reasonable opportunity of showing cause against the action proposed to be taken against him:

Provided further that where in the opinion of the Chancellor, it shall not be prudent for the Vice-Chancellor to continue on office during the pendency of such inquiry, he may, on the recommendations of the State Government, place the Vice-Chancellor under suspension and appoint such other person as deemed fit to discharge the functions of the Vice-Chancellor till the completion of such enquiry.

(6) The emoluments and other conditions of service of the Vice- Chancellor shall be such, as may be prescribed and shall not be varied to his disadvantage.

(7) When a vacancy occurs, or is likely to occur in the office of the Vice-Chancellor due to death, resignation or otherwise or if he is unable to perform his duties due to ill-health or any other cause, the State Government may designate a suitable person to perform the functions of the Vice-Chancellor until the new Vice-Chancellor assumes his office or until the existing Vice- Chancellor is able to attend to the duties of his office, as the case may be.

21. (1) The Vice-Chancellor shall ensure that the provisions of this Act, statutes and regulations are duly observed, and he shall have all such powers, as are necessary for that purpose.

Powers and duties of the Vice-Chancellor.

PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 30, 2020 (ASVN 8, 1942 SAKA) 111

(2) The Vice-Chancellor shall convene the meetings of the Governing Council, , the Executive Council , the Academic Council and the Finance Committee and shall perform all such other acts, as may be necessary to give effect to the provisions of this Act.

(3) The Vice-Chancellor shall be the competent authority to appoint the teachers, librarians, finance officer and other officers in consultation with the Chancellor on the recommendations of the Selection Committee, appointed by the Executive Council for that purpose in accordance with the specified guidelines.

(4) The Vice-Chancellor shall be the competent authority to take disciplinary action against the persons mentioned in sub-section (3), in accordance with the prescribed procedure.

(5) The Vice-Chancellor shall have all powers relating to the maintenance of proper discipline in the University.

(6) If in any emergency, which in the opinion of the Vice- Chancellor, requires immediate action to be taken, he shall take such action, as he deems necessary and shall, at the earliest possible, report the action to the authority or other body, as the case may be, for confirmation in the next meeting of 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 the 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 Chancellor.

22. The Registrar, who shall be an academic or administrative person, not below the rank of a Professor and the corresponding designation of the administrative post and he shall be a whole-time officer of the University and shall be appointed by the Chancellor on the recommendation of the Selection Committee, constituted by the Executive Council and headed by the Vice- Chancellor on such terms and conditions of service, as it may specify, subject to the provisions of statutes and regulations.

The Registrar.

PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 30, 2020 (ASVN 8, 1942 SAKA) 112

23. The Registrar, shall,—

(i) be the ex-officio Secretary of all the authorities, committees and other bodies of the University and shall also be the Convener of all the meetings. He shall note and maintain the minutes of meetings;

(ii) be the principal adjutant of the Vice-Chancellor in all matters pertaining to the administration of the University. The Executive Council, may entrust to him special responsibilities and powers;

(iii) have the power to appoint with the approval of the Vice- Chancellor, the non-teaching staff including employees of the last grade service and contingent staff in pursuance of the recommendations of the Selection Committee, appointed for that purpose, in the prescribed manner. He shall be the competent authority to take disciplinary action against such employees in accordance with such procedure, as may be prescribed;

(iv) comply with all directions and orders of the Executive Committee and the Vice-Chancellor; and

(v) be the custodian of records, common seal and such other property of the University, as the Executive Council shall commit to his charge.

24. (1) There shall be a Head for each of the Department in the University.

(2) The powers, functions, appointments and conditions of service of the Heads of the Departments shall be such, as may be prescribed.

25. The University shall comply with the provisions of reservations based on University Grants Commission and the National Law School System.

26. The annual report of the University shall be prepared and shall be submitted to the Governing Council for approval at its annual meeting on or before such date as may be prescribed by regulations.

27. The accounts of the income and expenditure of the University shall be submitted once every year to the State Government for such examination and audit, as the State Government may direct.

Powers and duties of the Registrar.

Heads of the Departments.

Reservation in appoin tments and admissions.

Annual report.

Annual account.

PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 30, 2020 (ASVN 8, 1942 SAKA) 113

28. (1) The University shall receive or cause to receive such funds as may be allocated to it by the State Government.

(2) The University shall raise funds as may be necessary to carry out its functions through such fees including tuition fee and other charges as may be determined by the Executive Council and approved by the Governing Council.

(3) The University may receive such grants and funds including CSR funds as it may be eligible to receive under various schemes and programmes of Government of India, State Government, University Grants Commission and organizations of the Central and State Governments.

(4) All funds received by the University shall be credited into an account called the University Fund Account.

(5) The funds credited in the University Fund Account shall be spent with prior approval of the Finance Committee and in accordance with the financial regulations of the University.

(6) The Budget of the University shall be prepared by the Finance Committee and it shall be approved by the Governing Council on the recommendations of the Executive Council.

(7) The University shall establish a corpus fund with an initial grant of rupees ten crore from the State Government. Such a fund shall be invested to raise income to meet with the recurring cost of management of the University.

The investment of the amount in the corpus fund shall be made as per the regulations of the University as approved by the State Government.

29. The first Statutes of the University shall be made by the Vice- Chancellor with the approval of the State Government. They shall be placed before the Governing Council in its first meeting, which may adopt them with or without modification. Subsequent statutes or modifications in the statutes shall be made by the Governing Council.

30. Notwithstanding anything contained in this Act and the statutes, the first Vice- Chancellor shall be appointed by the State Government. The first Registrar, shall be appointed by the State Government on the recommendations of the Vice-Chancellor. The said officers shall hold office for a period of three years. However, till the appointment of a regular Vice-Chancellor is made, the Administrative Secretary to Government of Punjab, Department of Higher Education, shall hold charge.

Funds of the University.

Statutes and regulations.

Appointment of first Vice- Chancellor and first Registrar.

PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 30, 2020 (ASVN 8, 1942 SAKA) 114

31. If the Academic Council recommends that a honorary degree or academic distinction be conferred on any person on the ground that he is, in their opinion, by reason of eminent attainment and position, fit and proper to receive such degree or academic distinction, the Governing Council, by a resolution, decide that the same may be conferred on the person so recommended.

32. (1) The Governing Council may, on the recommendation of the Executive Council, withdraw any distinction, degree, diploma or privilege conferred on, or granted to, any person by a resolution passed by the Governing Council, if such person has been convicted by a court of law for an offence, which in the opinion of the Governing Council, involves moral turpitude or if he has been guilty of gross misconduct.

(2) No action under sub-section (1) shall be taken against any person, unless he has been given an opportunity of being heard against the action proposed to be taken.

(3) A copy of the resolution passed under sub-section (1), by the Governing Council, shall be immediately sent to the person concerned.

(4) Any person aggrieved by the decision taken by the Governing Council, may appeal to the Chancellor within a period of thirty days from the date of receipt of such resolution.

(5) The decision of the Chancellor in appeal shall be final.

33. (1) The Vice-Chancellor shall be the final authority for the maintenance of discipline among the students of the University. His directions in this behalf shall be carried out by the Heads of Departments, hostels and institutions.

(2) Notwithstanding anything contained in sub-section (1), the punishment of debarring a student from an examination or rustication from the University or a hostel or an institution shall, on the report of the Vice-Chancellor, be considered and imposed by the Executive Council:

Provided that no such punishment shall be imposed without giving the student concerned a reasonable opportunity of being heard against the action proposed to be taken against him.

Honorary degree.

Withdrawal of degree or diploma.

Discipline.

PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 30, 2020 (ASVN 8, 1942 SAKA) 115

34. No act or proceedings of the Governing Council, the Executive Council or any other authority or officer or body of the University, shall be invalidated or questioned on the ground merely of the existence of any vacancy or defect in the constitution thereof.

35. No suit, prosecution or other legal or administrative proceedings shall lie against the University or any authority or officer or employee of the University for anything, which is in good faith done or intended to be done in pursuance of the provisions of this Act, or the statutes or regulations made thereunder.

36. The provisions of this Act, statutes and regulations made thereunder, shall have overriding effect notwithstanding anything inconsistent therewith contained in any other State law or instrument having the force of law for the time being in force. In case of any ambiguity the decision of the State Government shall be final.

37. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by an order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty:

Provided that no order shall be made under this section, after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order made under this section, shall be laid, as soon as may be, after it is made, before the State Legislature.

38. The State Government may from time to time issue such directions as it deems necessary, to the University, and all such directions shall be binding on the University.

S.K. AGGARWAL, Secretary to Government of Punjab, Department of Legal and Legislative Affairs.

Acts or proceedings not to be invalidated by vacancies.

Indemnity against general proceedings.

Overriding effect.

Power to remove difficulties.

Power to direct.

2116/9-2020/Pb. Govt. Press, S.A.S. Nagar

Where this provision sits

ActSri Guru Teg Bahadur State University of Law, Punjab Act, 2020.
Section19
Marginal noteThe following shall be the officers of the University, namely
JurisdictionState of Punjab
StatusIn force as published by the source

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