The Chandigarh University Act, 2012

PUNJAB GOVT GAZ. (EXTRA.), JULY 10,2012 39 (ASAR_ 19, 1934 SAKA) PARTI DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB Notification The 10th July, 2012 No. 10-Leg./2012.—The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 6th July, 2012, is hereby published for general information :— THE CHANDIGARH UNIVERSITY ACT, 2012 (Punjab Act No. 7 of 2012) ae . ACT to establish and incorporate a University in the State of Punjab to be known as the Chandigarh University for the purposes of making provisions for instruction, teaching, education, research, training and related activities at all levels in disciplines of higher education including professional, medical, technical, general education, language and literature and to provide for the matters connected therewith or incidental thereto ; Whereas the Chandigarh Educational Trust made a proposal to the State Government for setting up a self-financing University in the State of Punjab on the basis of the Punjab Private Universities Policy, 2010 to make provisions for all the streams of higher education at all levels ; Whereas the State Government, after due consideration of the proposal o c f a pa th b e l e af o o f re e s s a t i a d b li T s r h u i s n t g , a h n a d s r c u o n m n e i ng to the t he Un c i o v n er c s l i u t s y i on a nd t ha a t c c t o h r e d in a g f l o y r esa ha i s d a T c r c u e s p t t ed is its proposal for the establishment of the said Private University ; “And whereas in the circumstances referred above, it is deemed expedient to establish the Chandigarh University for the aforesaid purposes. Be it enacted by the Legislature of the State of Punjab in the Sixty- third Year 1. of ( 1) t he Thi R s e pu A b c l t i c m o a f y In b d e i a ca a l s l ed f ollo t w he s C : h — a ndigarh University Act, co S m ho m r e t nc ti e tl m e e a n n t d . 2012. 2 ( . 2 ) In I t t s h h i a s l l Ac c t, o me u nle i s n s to t f h o e rce c on a t t e xt o nce o . t herwise requires — Definitions. (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) ‘Board of Studies’ means a body, to be constituted by the Governing Body ; a ET . mae Regd. No. NW/CHL22 Regd. No. CHD/0092/2012—2014 Price : Rs. 2.70 Lorre” Punjab Government Gazette EXTRAORDINARY Published by Authority CHANDIGARH, TUESD AY, JULY 10, 2012 (ASADHA 19, 1934 SAKA) LEGISLATIVE SUPPLEMENT Contents Pages Part I Acts 1, The Adesh University Act, 2012 (Punjab Act No. 6 of 2012) « 19-37 2. The Chandigarh University Act, 2012 (Punjab Act No. 7 of 2012) = 39-58 Part IL Ordinances Nil Part U1 Delegated Legislation Notification No. G.S.R.33/C.A.74/1956/ S.13/Amd.(17)/2012, dated the 4th July, 2012, containing amendment in the Central Sales Tax (Punjab) Rules, 1957 + 287—289 PartIV Correction Slips, Republications and Replacements Nil (lv) 40 PUNJAB GOVT GAZ. (EXTRA.), JULY 10, 2012 (ASAR_ 19, 1934 SAKA) @ ‘campuses’ means the campuses of the University including off-campuses centres, off-shore campuses centers and regional campuses ; a ‘Chairman’ means the Chairman of the Trust ; @. ‘Chancellor’ means the Chancellor of the University ; a) ‘Chief Finance and Accounts Officer’ means the Chief Finance and Accounts Officer of the University ; @ ‘Dean’ means a Dean of the University ; @ ‘Governing Body’ means the Goyerning Body of the University ; & ‘institution’ means an institution or institute or college or academic centre (by whatever name it may be called), run or managed by the University, within or outside the State of Punjab ; Y ‘prescribed’ means prescribed by the statutes, ordinances and regulations ; (m) ‘Registrar’ means the Registrar of the University ; @ “State Government’ means the Government of the State of Punjab ; @ ‘statutes’, ‘ordinances’ and ‘regulations’ mean the statutes, ordinances and regulations of the University, made by it under this Act ; @) ‘teacher’ includes Professor, Reader, Associate Professor, Assistant Professor, Lecturer and any such other person, imparting instruction on full time or part time basis in the University or in any of its institutions ; @ ‘Trust’ means the Chandigarh Educational Trust registered under the Societies Registration Act, 1860 (XXI of 1860) ; (1) ‘University’ means the Chandigarh University established under section 3 of this Act ; (3) ‘Vice-Chancellor’ means the Vice-Chancellor of the University ; and @ ‘Visitor’ means the Visitor of the University. PUNJAB GOVT GAZ. (EXTRA.), JULY 10, 2012 41 (ASAR 19, 1934 SAKA) 3. (1) There shall be established a private University by the name Establishment of of the Chandigarh University in the State of Punjab. Ene Watvostei: (2) The University shall be run and managed by the Trust in accordance with the provisions of this Act. (3) The University shall be a body corporate by the name, mentioned in sub-section (J), and shall have perpetual succession and a common seal. It shall have the power to acquire, hold, dispose of property both moveable and immoveable and to make contract,-and shall sue and be sued by the said name. (4) The headquarters of the University shall be located at Village Gharuan, Tehsil Kharar, District Sahibzada Ajit Singh Nagar (Mohali). (5) The University shall be a self-financed and it shall not be entitled to receive any grant or other financial assistance from the State Government. 4. The objects of the University shall be-— Objects of the University (i) to provide for instruction, teaching, education, research and training at all levels in all disciplines of higher education including professional, medical, technical, general education and in any other stream and subject, as per the needs of the industry and the society in general, as may be deemed necessary by the University through all the modes of education as may emerge or become relevant in future ; (ii) to promote the academic aspirants of the rural students ; (iii) 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 ; (iv) to provide for research, creation, advancement and dissemination of knowledge, wisdom and understanding ; (v) to encourage and motivate leading industrial houses for setting up at the campuses their respective corporate institutes for academia industry nexus ; (vi) to disseminate knowledge so as to make it accessible to all strata of the society ; (vii) 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 ; and 42 PUNJAB GOVT GAZ. (EXTRA.), JULY 10, 2012 (ASAR 19, 1934 SAKA) . Wii) to do all such things, as may be necessary or desirable to further the objects of the University, ¥ to make provisions’ for instruction, teaching and research, relating to the courses through traditional as well as new — innovative modes including online-education modes : (ii) to conduct and hold examinations and grant or confer degrees, diplomas, certificates, awards, grades, credits,h onorary degrees, academic distinctions as well as other distinctions and certifications ; - (iti) to institute and conifer the designation of Professor, Associate Professor, Reader, Assistant Professor, Lecturer or any other equivalent designation, as may be required by the University or its institutions, and to appoint persons as such ; (iv) to institute and award fellowships, scholarships, studentships, exhibitions, as may be prescribed ; ~w to provide for equivalence of the degrees, diplomas and certificates of the students completing their courses from any. other University, Board, Council or any other competent authority ; wip to provide for dual degree, diploma or certificate vis-a-viy other universities on reciprocal basis ; — (vii) to set up central library, departmental libraries, museums and allied matters ; : = (ix) to hold, manage and run the funds of the Trust and endowments created in favour of the University ; (x). (i) (xii) to take special measures for the spread of ed facilities amongst the educationally backward strata of society ; (xiii) to encourage and promote sports ; PUNJAB GOVT GAZ. (EXTRA.), JULY 10,2012 43 (ASAR 19, 1934 SAKA) (xiv) to treate technical, administrative, ministerial and other necessary posts and to make appointments thereto ; (xy) to receive grants from the University Grants Commission and other Central or State agencies ; (xvii) to undertake research projects on mutually acceptable terms and = conditions in respect of agriculture, industry and. business ; (xviii) to provide consultancy ‘services ; (xix) to encourage and promote extra-curricular activities for personality development of the students, teachers and employees of the University ; (xx) to purchase, acquire and take on lease or mortgage, any immovable or movable property and to sell, lease, mortgage, alienate and transfer any immovable or movable property belonging to or vested in the University ; (xxii) to seek collaboration with other institutions on mutually ~ acceptable terms and conditions ; (xxiii) to fix, determine and provide salaries remunerations and honoraria to the teachers and employees of the University in accordance with the norms specified by the University Grants Commission ; : : = (xxiv) to do self-certification, which shall be exempted from obtaining, any permission, approval, license, certificate, no objection - certificate or authorization from the State Government or any ae other body set-up by the State Government; (ery) to frame statutes, ordinances and senietions fToi r carrying out the objects of the University; = = (xxvi) to set-up constituent colleges, institutions, off-campus centres, — off-shore centres and zonal or regional centres, study centres, 44 PUNJAB GOVT GAZ. (EXTRA.), JULY 10, 2012 (ASAR 19, 1934 SAKA) learning centres (by whatever name these may be called), as per the guidelines of the University Grants Commission and the instructions issued by the State Government from time to time ; and a (xxvii) to perform all such other functions, which may be necessary or desirable in furtherance of the objects of the University. Tiel eica of the 6. (1) The University shall exercise its jurisdiction within its sl campuses. (2) The University shall affiliate to it those educational or professional institutions, established, run or managed by the Trust with regard to which a specific decision is taken by the Trust. U Of n f i i v c e e r r s s i ty. o f the 7. The following shall be the officers of the University, namely :-— (i) _ the Visitor ; (ii) the Chancellor ; (iii) the Vice-Chancellor ; (iv) the Deans of the faculties ; (v) the Registrar ; (vi) the Chief Finance and Accounts Officer ; and (vii) such other officers of the University, as may be declared by the statutes, 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, (3) The Visitor shall, in every case give notice to the University of his intention to cause the inspection, scrutiny, investigation, survey or inquiry PUNJAB GOVT GAZ. (EXTRA.), JULY 10, 2012 45 (ASAR_ 19, 1934 SAKA) 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 of 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. rf (8) If the State Government considers it appropriate in public interest to make inspection, scrutiny, investigation, survey or inquiry, as the 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 ‘The Chancellor. in the absence of the Visitor, the Chancellor shall preside over the convocation of the University. (2) The Chancellor shall be the chairman of the Governing Body and he shall approve all appointments, nominations, removals, suspensions and” reinstatements of the employees and officers of the University either suo-moto or on the recommendation of the authority concerned of the University. (3) The Chancellor may amend or revoke any decision taken by any authority or officer of the University and may exercise his powers cither suo-moto or otherwise, to do all necessary things to facilitate the smooth functioning of the University. (4) The Chancellor shall have the power to do all such other functions, as may be required to further 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. (5) If, in the opinion of the Chancellor, any decision of any officer or authority of the University is beyond the powers conferred under this 46 PUNJAB GOVT GAZ. (EXTRA.), JULY 10, 2012 (ASAR_ 19, 1934 SAKA) Act or the statutes or ordinances or regulations or is likely to be prejudicial to the interests of the University, he shall ask such officer or authority to revise 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. (6) 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 University,— (a) has made default in performing any duty imposed upon him under this Act or otherwise; or (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 officer to relinquish his office from such date, as may be specified in the order. 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 that officer and he is given reasonable opportunity of being heard. ‘The Vice- 10. (1) The Vice-Chancellor, shall be appointed by the Chancellor Chancellor. from amongst the panel of three persons recommended by the Governing Body. (2) No person shall be appointed as Vice-Chancellor, unless he possesses such qualifications, as are specified by the University Grants Commission. (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. PUNJAB GOVT GAZ. (EXTRA.), JULY 10, 2012 47 (ASAR 19, 1934 SAKA) (5) The Vice-Chancellor shall exercise such powers and perform such functions, as may be prescribed. 11. (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. (3) The Registrar shall sign all contracts and authenticate all documents or records 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. (3) The Registrar shall exercise such other powers and perform such other functions, as may be prescribed. 12. (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 Officer, (2) No person shall be qualified to be appointed as Chief Finance and Accounts Officer, unless he has passed the Chartered Accountancy Test conducted by the Institute of Chartered Accountants of India. (3) The Chief Finance and Accounts Officer shall exercise such powers and perform such functions, as may be prescribed. 13. (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. 14, The following shall be the authorities of the University, Authorities of the University. namely :— (i) the Governing Body ; (ii) the Board of Management ; (iii) the Academic Council ; and (iv) such other authorities, as may be declared by the Statutes to be the authorities of the University. 48 PUNJAB GOVT GAZ. (EXTRA.), JULY 10, 2012 (ASAR 19, 1934 SAKA) The Governing 15. (1) The Governing Body of the University shall consist of the Body following persons, namely :— (a) the Chancellor ; «» » Chairman (b) the Vice-Chancellor ; «Member (©) three persons bonninbied by the .. _ Members Trust, out of whom two shall be eminent educationists ; (d) one expert of management or -. Member information technology ; (e) one expert of finance, nominated -. Member by the Chancellor ; () the Secretary to Government of . Member Punjab, Department of Higher Education or his representative not below the rank of Joint Secretary ; and (g) One eminent educationist :. Member nominated by the Secretary to Government of Punjab, Department of Higher Education in consultation with the Chancellor. (2) The Governing Body shall be the supreme body of the University. Itshall perform the following functions, namely :— (a) to provide general superintendence and to give directions for controlling the functioning of the University in accordance with the statutes, ordinances and regulations ; (b) to review the decisions of other authorities of the University in case these are not in conformity with the provisions of the statutes, ordinances and regulations ; (c) to approve the budget and annual report of the University; (d) to lay down the extensive policies to be followed by the University ; and PUNJAB GOVT GAZ. (EXTRA.), JULY 10, 2012 49 (ASAR 19, 1934 SAKA) (e) to exercise such other powers, as may be prescribed by the statutes. (3) The Governing Body shall meet atleast twice in a calendar year. (4 The quorum for meeting of the Governing Body shall be five. 16. (1) The Board of Management shall consist of the following The Board of members, namely :— Management, (@ the Chancellor or his nominee ; Chairperson (b) the Vice-Chancellor ; Member © two members of the Trust Members nominated by the Trust ; (d) the Director of the Directorate Member concerned relating to education as representative of the State Government ; (e) three persons, who are not Members the members of the Trust, nominated by the Trust ; o two persons from amongst the Members teachers, nominated by the Trust ; and @ two teachers, nominated by the Members Vice-Chancellor. (2) The Board of Management shall exercise such powers and perform such functions, as may be prescribed. (3) The Board of Management shall meet atleast twice in a calendar year. (4) The quorum for meeting of the Board of Management shall be five. 17. (1) The Academic Council shall consist of the following members, The Academic Council. namely :— (a) the Vice-Chancellor ; Chairperson