The Desh Bhagat University Act, 2012

100 PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 18, 2013 w (MAGHA 29, 1934 SAKA) AND whereas in the circumstances referred above, it is deemed expedient to establish the DeshBhagatUniversity for the aforesaid purposes; BB it enacted by the Legislature of the State of Punjab int he Sixty-third ~@ Year of the Republic of India as follows:- Short title and 1. (1) This Act may be called the DeshBhagat University Act, 2012. commencement. i F (2) Itshall be deemed to have come into force on and with effect 2 from the 25th day of October, 2012. Definitions. 2. In this Act, unless the context otherwise requires,- (a) ‘Academic Council’ means the Academic Council of the University; (b) ‘authorities’ means the authorities of the University; (c) ‘Board of Management’ means-the Board of Management of the University; (d) ‘campuses’ means the campuses of the University including off-campuses, off-campus study centres, off-shore campuses, off-shore study centers and distance education centres and online mode of education; (e) ‘Chairman’ means the Chairman of the Foundations; () ‘Chancellor’ means the Chancellor of the University; (g) ‘Chief Finance and Accounts Officer’ means the Chief Finance and Accounts Officer of the University; (h) ‘Dean’ means the Dean of the University; (i) ‘Finance Committee’ means the Finance Committee of the University; (j) ‘Foundations’ means the Aasra Foundations registered under the Societies Registration Act, 1860 (XXI of 1860); (k) ‘Governing Body’ means the Governing Body of the University; (). ‘institution’ means any institution or college or academic centre (by whatever name it may be called) run, managed or affiliated to the University, within or outside the State of Punjab; PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 18,2013. 101 (MAGHA 29, 1934 SAKA) (m) ‘prescribed’ means pre scribed by.the statutes, ordinances and regulations; (n) ‘President’ metahe nPresside nt of the Foundations; (0) ‘Pro Vice-Chancellor’ means the Pro Vice-Chancellor of the University; : (p) ‘Registrar’ means the Registrar of the University; (q) ‘statutes’, ‘ordinances’ and ‘regulations’ means the statutes, ordinances and regulations of the University made under this Act; (r) ‘teacher’ includes Professor, Reader, Associate Professor, Assistant Professor, Lecturer and any such other person, who impartsinstruction in the University or in any of its institutions and centres; (s) ‘University’ means the DeshBhagat University, established under section 3 of this Act; (t) ‘Vice-Chancellor’ means the, Vice-Chancellor of the University; and (u) ‘Visitor’ means the Visitor of the University. 3. (1) There shall be established a private University by the name Establishment of the DeshBhagat University in the State of Punjab. of the University. (2) The University shall be run and managed by the Foundations ~ in accordance with the provisions of this Act. (3) The University shall be a body corporate by the name, mentioned in sub-section (1) and shall have perpetual succession and a common seal, It shall have the power to acquire, lease, hold, mortgage and dispose of property,both moveable and immoveable and to make contracts, and shall sue and be sued by its name. (4) The headquarters of the University shall be located at Chandigarh and its main Campus at MandiGobindgarh, District Fatehgarh Sahib. (5) The University shall be self-financed and it shall not be entitled to receive any grant or other financial assistance from the State Government. 102 PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 18, 2013 VY (MAGHA 29, 1934 SAKA) . Objects of the 4. The objects of the University shall be,- University. (i) to make provisions for study, research, onsultancy and teaching and to start courses at all levels in‘disciplines of ~}Y higher education including professional, medical, dental sciences, engineering, architecture, pharmacy, ayurveda, homoeopathy, management, computer science, nursing education, law, religious studies, languages and literature, media and performing arts, design, hotel management, airlines, tourism, fashion design, animation and multimedia, paramedical, fine arts, dramatics and music, social sciences and applied sciences with a focus on emerging disciplines suas crobohtic s, information technology, artificial intelligence, biotechnology, nanotechnology, ecology and environment, human rights, women studies, polytechnics, vocational and skill development, and to provide for the provisions of study connected therewith or incidental thereto; (ii) to contribute towards evolving a knowledge society with a view to make the State of Punjab, a leading hub of knowledge on global horizon; (iii) to promote industry-academia interface by maintaining liaison and collaboration with industry for evolving industry-oriented professional courses with a view,to ensure quick and smooth placement of the Graduates of the University; (iv) to disseminate knowledge so as to make it accessible to all strata of the society; (v) to make provision for study and research on the life and teachings of Sikh Gurus and their cultural and religious impact in the context of Indian and world civilizations; (vi) to promote Punjabi studies, to provide for research in Punjabi Language and Literature and to undertake measures for the development of Punjabi Language, Literature and Culture; (vii) to promote the academic aspirants of the rural students; (viii) to undertake industry oriented teaching, training and research, extension programmes and to provide employable skills with a view to contribute to the development of the society; PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 18,2013 103 (MAGHA 29, 1934 SAKA) (ix) to provide for research, creation, advancement and dissemination of knowledge, wisdom and understanding; (x) to institute doctorates, degrees, diplomas, certificates and . other academic distinctions on the basis of examinations or any such other method; and (xi) to do all such things, as may be necessary or desirable in furtherance to the objects of the University. 5. The University shall have the following powers and functions tobe Powers and exercised and performed by it or through its officers and authorities, namely:- ae (i) tomake provisions and adopt all measures (including adoption and updating of the curricula) in respect of study, teaching, research, consultancy and granting affiliation relating to the courses through traditional as well as new innovative modes including online education modes; (ii) to institute and confer doctorate, Masters, degrees, diplomas, certificates, awards, grades, credits and academic distinctions; (iii) to conduct examinations for granting or conferring doctorate, Masters, degrees, diplomas and certificates; (iy) to institute and confer the designation of Professor, Associate Professor, Assistant Professor, Reader, Lecturer or any other equivalent designation, as may be required by the University in its campuses or its institutions and to appoint persons as such; (v) to institute and award fellowships, scholarships, studentships, exhibitions, as may be prescribed; (vi) to provide for equivalence of the degrees, diplomas and certificates of the students completing their courses partially or in full from any other recognized University, Board or Council or any other competent authority in India and abroad; (vii) to take all necessary measures for setting up campuses and granting them affiliation; (viii) to set up central library, departmental libraries, museums and allied matters; 104 PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 18, 2013 /— (MAGHA 29, 1934 SAKA) (ix) to demand and collect fees and other charges, as may be prescribed by the University; (x) to hold, manage and run the trusts and endowments which ~¥_ may be created in favour of the University; (xi) to institute and confer honorary degrees, as may be prescribed: (xii) to print and publish works of the academic excellence and to establish chairs of excellence; (xiii) to take special measures for the spread of educational facilities amongst the educationally backward strata of society; (xiv) to encourage and promote sports and martial arts; (xv) to create technical, administrative, ministerial and other necessary posts and to make appointments thereto; (xvi) to receive grants from the University Grants Commission and other Central, State agencies or from any other person or organization; (xvii) to accept and receive gifts, donations and to raise loans and advances in Indian and foreign currencies: (xviii) to undertake research projects and consultancy on mutually acceptable terms and conditions in respect of industry, business and allied subjects; (xix) to frame the statutes, the ordinances and the regulations for carrying out the objects of the University; (xx) to encourage and promote extra-curricular activities for personality development of the teachers, students and employees ofthe University, ~ 2 (xxi) to provide twinning Programs, dual degrees, diplomas or certificates vis-a-vis other universities or institutes on reciprocal basis; (xxii) to set-up constituent colleges, institutions, off-campus centres, PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 18,2013 105 (MAGHA 29, 1934 SAKA) off-shore centres and z onal or regional centres, study centres, learning centres (by whatever name these may be called), as per the guidelines oft he University GrantsCommission; ~ (xxiii) to purchase, acquire and take on lease or mortgage and sell, } lease, mortgage, alienate and transfer any immovable or movable property of the University; (xxiv) to admit Indian students, Persons of Indian Origin, Non-resident Indian, Foreign National and to prescribe the fee structure and receive fee for various categories of students in Indian and Foreign Currencies; (xxy) to seek collaboration with other institutions and Universities in India and abroad on mutually acceptable terms and conditions; (xxvi) to determine salaries, remunerations, honoraria to teachers and employees of the University in accordance with the norms specified by the University Grants Commission; (xxvii) to do self-certification and start new courses, which shall be exempted from obtaining any permission, approval, license, certificate, no objection certificate, authorization or any other document from the State Government, any State University or any other body, set up by the State Government; and (xxviii) to take all such measures and to perform all such functions as may be necessary or desirable in furtherance to the objects of the University. 6. (1) The University shall exercise its jurisdiction within its campuses Jurisdiction of and its affiliated Institutions, run or managed by the Society. Reeves Ne (2) The University shall affiliate to it other educational or professional institutions established, run or managed by the Society. 7. The following shall be the officers of the University, namely:- Officers of the University. (i) — the Visitor; é (ii) the Chancellor; 106 PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 18,2013 (MAGHA 29, 1934 SAKA) (iii) theV ice-Chancellor; (iv) the Pro-Vice Chancellor; (v) _ the Registrar; (vi) the Deans of the Faculties; (vii) the Chief Finance and Accounts Officer; and (viii) such other officers‘of the University, as may be declared by the statutes, the ordinances and the regulations of the University, to be the officers of the University. The Visitor 8. (1) The Governor of Punjab shall be the Visitor of the University. (2) The Visitor shall preside over the convocation of the University for conferring degrees and diplomas. (3) The Visitor shall have the right to call for any information relating to the affairs of the University. (4) The Visitor, in consultation with the Chancellor, may cause the inspection, scrutiny, investigation, survey or inquiry or any other such like thing to be made by such person, as he may direct in respect of administrative, academic or executive matters of the University. (5) The Visitor shall, in every case, give notice to the University of his intention to cause the inspection, scrutiny, investigation, survey or inquiry or any other such like thing, to be made and the University shall appoint a representative, who shall be present at such inspection, scrutiny, investigation, survey or inquiry, or any other such like thing, as the case may be. (6) The Visitor may inform the Vice-Chancellor about the results of such inspection, scrutiny, investigation, survey or inquiry and the Vice- Chancellor shall communicate to the Governing Body the views of the Visitor alongwith such advice, as the Visitor may have tendered and the action to be taken on such advice. (7) The Vice-Chancellor shall inform the Visitor about the action taken or proposed to be taken by the University with respect to the inspection, scrutiny, investigation, survey, inquiry, or any other such like thing, as the case may be. a PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 18,2013 107 (MAGHA 29, 1934 SAKA) (8) If the State Government considers it appropriate, in public interest, to make inspection, scrutiny, investigation, survey or inquiry, asthe . ... ” case may be, in respect of any matter relating to the University or its institutions, a reference shall be made by the State Government to the Visitor, who shall, in consultation with the Chancellor, cause such inspection, scrutiny, investigation, survey or inquiry, to be made. 9. (1) The Chairman’shall be the Chancellor of the University and [t® Chancellor. + in the absence of the Visitor, the Chancellor shall preside over the convocation of the University. (2) The Chancellor shall be the head of the University. (3) The Chancellor shall be the chairman of the Governing Body and he shall decide or approve all appointments, nominations, removals, suspensions and reinstatements of the employees and officers of the University either swo-moto or on the recommendation of the authority concerned of the University. (4) The Chancellor may amend or revoke any decision taken by any authority or officer of the University and may exercise his powers, either suo-moto otherwise, to do all necessary things to facilitate the smooth functioning of the University. (5) The Chancellor shall have the power to do all such other functions, as may be required to do in furtheranceto the objects of the University and any matter incidental thereto and the decisions taken by the Chancellor shall be final and binding on all concerned of the University. (6) If, inthe opinion of the Chancellor, any decision of any officer or authority of the University is beyond the powers conferred under this Act or the statutes or the ordinances or the regulations or is likely to be prejudicial to the interests of the University, he shal! ask such officer or authority to revise his or its decision within a period of fifteen days and in case the officer or authority refuses to revise such decision, wholly or partly or fails to take any decision within a period of fifteen days, the decision of the Chancellor thereon shall be final. (7) If, at any time, upon the representation made or otherwise, it appears to the Chancellor that the Vice-Chancellor or any other officer of the 108 PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 18, 2013 (MAGHA 29, 1934 SAKA) U niversity,- (a) has made default in performing any duty imposed upon him under this Act or otherwise; or “4 —% (b) has acted in a manner prejudicial to the interests of the University; or (c) is incapable of managing the affairs of the University, the Chancellor may, notwithstanding the fact that term of that officer has not expired, by an order in writing and stating the reasons therein, require the Vice-Chancellor or the officer to relinquish his office from such date, as may be specified in the order. The Vice-Chancellor or the officer concerned shall be deemed to have relinquished his office from the date so specified: Provided that no such order shall be passed, unless the grounds on which such action is proposed to be taken are communicated to the Vice Chancellor or to that officer and he is given reasonable opportunity of being heard. The 10. (J) The Vice-Chancellor shall be appointed by the Chancellor Vice-Chancellor. from amongst the panel of five’ persons recommended by the Governing Body and shall, subject to the provisions of this Act, hold office for a term of three years: Provided that the Vice-Chancellor shall continue to hold office even after the expiry of his term, till new Vice-Chancellor joins, but in any case, this period shall not exceed one year. (2) No person shall be appointed as Vice-Chancellor, unless he possesses such qualifications, as are specified by the University Grants Commission or its equivalent body, created or constituted by the Central Government. (3) The Vice-Chancellor shall be the overall in-charge of the University, who shall exercise general superintendence and control in the affairs of the University and shall execute the decisions of various authorities of the University. ; (4) Incase of the absence of the Visitor and the Chancellor, the Vice-Chancellor shall preside over the convocation of the University. (5) The Vice-Chancellor shall be appointed on such terms and conditions and shall exercise such powers and perform such functions, as may be prescribed. PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 18,2013 109 (MAGHA 29, 1934 SAKA) 11. (1) The Pro Vice-Chancello r shall be appointed by the Chancellor The Pro Vice-Chancellor. on such terms and conditions, as may be prescribed. (2) Inthe absence of the Vice-Chancellor, the ProV ice-Chancellor shall be the chairperson of the Finance Committee and shall exercise such other powers and perform such duties, as may be prescribed. 12. (1) The Registrar shall be appointed by the Chancellor from The Registrar, amongst the panel of three persons recommended by the Governing Body. (2) No person shall be appointed as Registrar, unless he possesses such qualifications as are specified by the University Grants Commission or its equivalent body created or constituted by the Central Government. (3) Allcontracts shall be signed and all documents and records shall be authenticated by the Registrar for and on behalf of the University. (4) The Registrar shall be the Member- Secretary of the Governing Body, the Board of Management and the Academic Council but he shall not have the right to vote. (5) The Registrar shall exercise such other powers and perform such otherfunctions, as may be prescribed. 13. (1) The Chief Finance and Accounts Officer shall be appointed The Chief Finance and by the Chancellor in such manner, as may be prescribed. Accounts: (2) No person shall be qualified to be appointed as Chief Finance Officer. and Accounts Officer, unless he is a Chartered Accountant. (3) The Chief Finance and Accounts Officer shall exercise such powers and perform such functions, as may be prescribed. 14, (1) The University may appoint such other officers, as it may ‘Other officers. deem necessary for its smooth functioning. (2) The manner of appointment of such other officers of the University and their powers and functions shall be such, as may be prescribed. 15. The following shall be the authorities of the University, namely:- Authorities of the University. (i) the Governing Body; (ii) the Board of Management; (iii) the Academic Council; (iv) the Finance Committee; and oe ® 110 PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 18, 2013 (MAGHA 29, 1934 SAKA) (v) such other authorities, as may be declared by the statutes to be the authorities of the University. Bt ee The Governing 16. (1) The Governing Body of the University shall consist of the Body. following persons, namely:- ¥ () the Chancellor; Chairman (ii) the Vice-Chancellor; Member « (iii) the Pro Vice-Chancellor; Members (iv) five members of the Foundations Members elected by it; (v) three eminent experts nominated Members by the Foundations one each from agriculture, industry and business; (vi) two eminent academicians nominated Member by the Foundations; (vii) one expert of finance, * Member nominated by the Chancellor; and (viii) the Secretary to Government of Punjab, Member Department of Higher Education or his representative not below the rank * of Joint Secretary. (2) The Governing Body shall be the supreme body of the University. It shall perform the following functions, namely:- (i) to provide general superintendence and to give directions for controlling the functioning of the University in accordance with the statutes, the ordinances and the regulations; (ii) to review the decisions of other authorities in case these are not in conformity with the provisions of this Act, the statutes, the ordinances and the regulations; (iii) to approve the budget and annual report of the University; (iv) to lay down the extensive policies to be followed by the University; ® — PUNJABGOVT. GAZ.(EXTRA), FEBRUARY 18,2013 111 (MAGHA 29, 1934 SAKA) (v) to recommend to the Foundations , the voluntary liquidation of the University, if such situation arises when _ smooth functoif othen Uniivnersgit y does not remain * ‘e en possible in spite of all efforts; and (vi) to exercise such other powers,as may be prescribed by the statutes. (3) The Governing Body. shall meet at least twice in a calendar (4) The quorum for meeting of the Governing Body shall be five. 17. (1) The Board of Management shall consist of the following (i) the Chancellor or his nominee; Chairperson (ii) the Vice-Chancellor; Member (iii) the Pro Vice-Chancellor; Member (iv) the Dean Academic Affairs; Member (v) two members of the Governing Members body nominated by the Foundations; (vi) the Director of the concerned Member Directorate relating to education asrepresentative of the State Government; ts (vii) three persons, who are not Members the members of the Foundations, nominated by the Foundations; be (viii) two persons from amongst the Members teachers, nominated by the Foundations; and peas 3 (ix) two teachers, nominated Members by the Vice- Chancellor. (2) The powers and functions of the Board of Management shall be suchas may be prescribed. i (3) The Board of Management shall meet atleast twice in a calendar year. ah seakle The Board of Management.