The Punjab Abadi Deh (Record of Rights) Act, 2021. (Punjab Act No. 8 of 2021)

PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) CHANDIGARH, THURSDAY, APRIL 1, 2021 (CHAITRA 11, 1943 SAKA) LEGISLATIVE SUPPLEMENT Contents Pages Part - I Acts 1. The Punjab Excise (Amendment) Act, 2021. (Punjab Act No. 7 of 2021). .. 43-44 2. The Punjab Abadi Deh (Record of Rights) Act, 2021. (Punjab Act No. 8 of 2021) .. 45-58 3. The Sardar Beant Singh State University Act, 2021. (Punjab Act No. 9 of 2021) .. 59-78 4. The Shaheed Bhagat Singh State University Act, 2021. (Punjab Act No. 10 of 2021) .. 79-96 5. The Punjab Motor Vehicles Taxation (Amendment) Act, 2021. (Punjab Act No. 11 of 2021) .. 97-107 Part - II Ordinances Nil Part - III Delegated Legislation Nil Part - IV Correction Slips, Republications and Replacements Nil ______ ( xliii ) PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 43 (CHTR 11, 1943 SAKA) PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 1st April, 2021 No. 7-Leg./2021.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 24th day of March, 2021, is hereby published for general information:- THE PUNJAB EXCISE (AMENDMENT) ACT, 2021 (Punjab Act No. 7 of 2021) AN ACT further to amend the Punjab Excise Act, 1914. BE it enacted by the Legislature of the State of Punjab in the Seventy- second Year of the Republic of India as follows:- 1. (1) This Act may be called the Punjab Excise (Amendment) Act, 2021. Short title and commencement. (2) It shall come into force on and with effect from the date of its publication in the Official Gazette. 2. In the Punjab Excise Act, 1914 (hereinafter referred to as the principal Amendment in Act), in section 61, in sub-section (1),- section 61 of Punjab Act 1 of (i) after clause (c) and before the proviso, for the words “three years”, 1914. the words “five years” shall be substituted; and (ii) in the proviso, in item (v), for the words and sign “ten cases i.e. Ninety”, the words and sign “twenty-seven” shall be substituted. 3. In the principal Act, after section 61, the following section shall be inserted, Insertion of new namely:- section 61-A in Punjab Act 1 of “61-A (1). Whoever mixes or permits to be mixed with any liquor 1914. Penalty for sold or manufactured or possessed by him any noxious mixing or drug or any foreign ingredient likely to cause disability permitting to mix or grievous hurt or death to human beings, shall be with liquor any punishable – noxious drug. (a) if as a result of such an act, death is caused, with death or imprisonment for life and shall also be liable to fine which may extend to twenty lakh rupees; (b) if as a result of such an act, disability or grievous hurt is caused, with imprisonment for a term which shall not be less than six years but which may extend to imprisonment for life and with fine which may extend to ten lakh rupees; PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 44 (CHTR 11, 1943 SAKA) (c) if as a result of such an act, any other consequential injury is caused to any person, with imprisonment for a term which may extend to one year and with fine which may extend to five lakh rupees; and (d) if as a result of such an act, no injury is caused, with imprisonment which may extend to six months and with fine which may extend to two lakh and fifty thousand rupees. Explanation.- For the purpose of this section, the expression “grievous hurt” shall have the same meaning as in section 320 of the Indian Penal Code, 1860. (2) (i) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the court, when passing an order under this Act, if it is satisfied that death or injury has been caused to any person due to consumption of liquor sold in any place, order the manufacturer and seller, whether or not he is convicted of an offence, to pay, by way of compensation, an amount not less than five lakh rupees to the legal representatives of each deceased or three lakh rupees to the person to whom grievous hurt has been caused, or fifty thousand rupees to the person for any other consequential injury: Provided that where the liquor is sold in a licensed shop, the liability to pay the compensation under this section shall be on the licensee; (ii) Any person aggrieved by an order under clause (i) may, prefer an appeal to the High Court within a period of ninety days from the date of receipt of certified copy of order: Provided that no appeal can be filled by the accused unless the amount ordered to be paid under clause (i) is deposited by him in the court: Provided further that the High Court may entertain appeal after the expiry of the said period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.” 4. In the principal Act, in section 63, for the words “one year” and “one Amendment thousand”, the words “three years” and “ten thousand” shall respectively be in section substituted. 63 of Punjab Act 1 of 1914. S.K. AGGARWAL, Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 2265/4-2021/Pb. Govt. Press, S.A.S. Nagar PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 45 (CHTR 11, 1943 SAKA) PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 1st April, 2021 No. 8-Leg./2021.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 26th day of March, 2021, is hereby published for general information:- THE PUNJAB ABAD DEH (RECORD OF RIGHTS) ACT, 2021 (Punjab Act No. 8 of 2021) AN ACT to provide for recording and resolving of proprietary rights of abadi deh area in the revenue estates and for matters connected therewith or incidental thereto. WHEREAS, the abadi deh area in Punjab has remained without recording of rights of the proprietors, preparation of record, or the marking of boundaries by carrying out a survey. This has over the years resulted in disputes about demarcation of boundaries and identification of rights in the dwelling and other areas; besides causing hardship in the effective transfer of rights; WHEREAS, the object of this Act is to identify, record and resolve the existing rights of the proprietors within the abadi deh by a process of ascertaining the person(s) best entitled to be recorded as proprietor; besides, demarcating, delineating the boundaries and areas of each survey unit. It is to create a presumption of truth in the records so prepared. WHEREAS, the preparation of this record would provide for development of the abadi deh that preserves the heritage of the village to the extent possible, provide and upgrade civic services and environment in villages to integrate them with planned urban development, enhance the land value by improving the lay out and provide a road map for development norms for villages in an easy and simple manner. 46 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) BE it enacted by the Legislature of the State of Punjab in the Seventy- second year of the Republic of India, as follows: - CHAPTER 1 PRELIMINARY Short title, 1. (1) This Act may be called the Punjab Abadi deh (Record of extent and Rights) Act, 2021. commence- ment. (2) It extends to the whole of the State of Punjab. (3) It shall come into force with immediate effect: Provided that it shall come into effect for the abadi deh area falling within the limits of a municipal area on the date as may be notified in this regard. Definitions. 2. In this Act, unless the context otherwise requires, - (a) “Abadi deh” means the site recorded as such in the Record of Rights prepared and maintained under the Revenue Act, which is not assessed to land revenue and includes such land in a municipal area; (b) “Appointed day” means the first day of January, 2021; (c) “Assistant Recording and Resolution Officer” means a Revenue Officer not below the rank of Naib-Tehsildar under the Revenue Act or the Executive Officer of the municipal body notified to perform functions under this Act; (d) “Chief Recording and Resolution Officer” means the Collector of the district under the Revenue Act, notified to perform functions under this Act; (e) “Commissioner” means the Commissioner of the division under the Revenue Act, notified to perform functions under this Act; (f) “Common area” means an area or building within the abadi deh used for any common need, convenience or benefit of the community and includes roads, paths,streets, public parks, drains, public toilets, ponds and tanks, wells, water courses, play grounds, bus stand or waiting places, places used for PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 47 (CHTR 11, 1943 SAKA) public sittings and gatherings or for any such other purposes used by the inhabitants, and any vacant site or plot not owned by any person; but does not include a building or area which houses an institution under the control of the Central or State Government; (g) “Financial Commissioner” means the Financial Commissioner, Revenue in the Government notified to perform the functions under this Act; (h) “Government” means the Government of Punjab in the Department of Revenue, Rehabilitation and Disaster Management; (i) “Municipal body” means a body constituted under the Punjab Municipal Corporation Act, 1976 (Punjab Act No. 42 of 1976) or the Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911); (j) “Notification or notified” means a notification published by the Government in the Official Gazette; (k) “Panchayat” means a Gram Panchayat constituted under the Punjab Panchayati Raj Act, 1994 (Punjab Act No. 9 of 1994); (l) “Prescribed” means prescribed by rules made under this Act; (m) “Proprietary right” means the right of ownership recorded in the name of a person, panchayat, municipal body, Central or State Government, juristic person or any other entity but does not include the rights of a tenant, lessee, mortgagee or any other right which does not confer ownership; (n) “Recording and Resolution Officer” means a revenue officer not below the rank of Sub-Divisional Magistrate notified to perform functions under this Act; (o) “Revenue Act” means the Punjab Land Revenue Act, 1887 (Punjab Act No. XVII of 1887); (p) “Revenue Officer” means a revenue officer exercising the powers under the Revenue Act; 48 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (q) “Survey Officer” means an officer appointed by the Government to act and perform functions under this Act; (r) “Survey unit” means the area within the abadi deh, to which a survey number is assigned under this Act; (s) “Village Committee” means the committee nominated in the village or municipal area, as the case may be, by the Assistant Recording and Resolution Officer, with its composition as prescribed to identify the ownership of survey units and common areas set apart for common purposes within the abadi deh; and (t) Words and expressions used in this Act but not defined herein, have the meanings assigned to them under the Revenue Act. CHAPTER II OFFICERS AND POWERS Officers. 3. (1) Subject to the provisions of this Act, there shall be the following officers notified to perform the functions and exercise powers under this Act, namely: - (a) Financial Commissioner; (b) Commissioner; (c) Chief Recording and Resolution Officer; (d) Recording and Resolution Officer; (e) Assistant Recording and Resolution Officer; and (f) Survey Officer. (2) Subject to the provision of this Act, the officers mentioned in clauses (b), (c), (d) and (e) of sub-section (1) shall have, for the purposes of discharging their functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, in respect of the following matters, namely: - (i) the summoning and enforcing the attendance of any person and examining him; PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 49 (CHTR 11, 1943 SAKA) (ii) requiring the discovery and production of documents; (iii) receiving evidence on affidavit; (iv) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy of such record or document from any office; and (v) issuing commissions for the examination of witnesses or documents. 4. (1) The superintendence and control over all officers in their Superinten- administrative functioning under this Act shall vest in the Financial dence and control of Commissioner, and all such officers shall be subordinate to him. Officers. (2) Subject to the superintendence and control of the Financial Commissioner, the Chief Recording and Resolution Officer shall control all other officers under this Act, in his district. (3) Subject as aforesaid and to the control of the Chief Recording and Resolution Officer, the Recording and Resolution Officer shall control all other officers under this Act, in his sub-division. CHAPTER III SURVEY, MAPPING AND IDENTIFICATION 5. The Government may, by notification, specify any abadi deh in a Identification of abadi deh district, sub-division of a district, municipal area or a village as an area for the area. purpose of identifying, recording and resolving the rights in each survey unit. 6. (1) The Government shall appoint a Survey Officer for each area Survey and notified under section 5 to conduct a survey in the manner as may be prescribed. mapping. (2) The Government, upon notifying areas of which the standing record of rights within an abadi deh is to be prepared, shall itself or through a notified agency get a survey conducted and mapping done of such area to determine the boundary of the abadi deh, define the area and dimensions of each survey unit, and assign a unique survey number to each such unit. (3) The survey reports and maps prepared of the area shall be submitted to the Assistant Recording and Resolution Officer for the purpose of preparing the standing record of rights in the survey units. 50 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) CHAPTER IV STANDING RECORD OF RIGHTS AND ITS MAKING Standing 7. There shall be a standing record of rights for each abadi deh area, record of which shall comprise the following, namely: - rights. (i) the record of proprietary rights of each survey unit prepared under this Chapter; (ii) the survey reports and maps prepared under Chapter III with dimensions; (iii) the record of proceedings of the meetings of the village committee; and (iv) such other document as may be prescribed or notified. Inquiry by 8. (1) The Assistant Recording and Resolution Officer, on his being the Assistant designated as such, shall constitute a village committee for identifying the Recording and proprietary rights of the proprietors in the survey units. Resolution Officer. (2) The Assistant Recording and Resolution Officer, in respect of the abadi deh of which the standing record of rights is to be prepared, shall inform the inhabitants of the area, in the manner prescribed, about the proposal to prepare such record for each of the survey unit. Preparation 9. (1) The Assistant Recording and Resolution Officer, after of standing deliberations and consultations with the village committee and hearing the parties record of rights. interested, shall, in a summary manner, and as may be prescribed, record the proposed entries of proprietors and their proprietary rights and of the boundaries of the survey unit in the standing record of rights, as on the appointed day. (2) The entry of proprietor and his or its proprietary rights shall be recorded by the Assistant Recording and Resolution Officer in the name of – (i) the owner of the built up dwelling and residential areas including its open or enclosed court yards, other vacant land and plots of owners not being a common area, shops and other establishments; (ii) the panchayat and the municipal body for the common area, vacant land or plot not owned by any person; and PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 51 (CHTR 11, 1943 SAKA) (iii) the Central, State Government, juristic person or other entity in respect of the land or institutions owned by it. (3) In the conduct of exercise under sub-sections (1) and (2) if a survey unit is found to be sub-divided, which escaped the attention of the Survey Officer, the Assistant Recording and Resolution Officer shall assign a unique number to each such survey unit. 10. The survey map prepared by the Survey Officer under section 6 and Display of record. the record of entries of proprietors in a survey unit prepared under section 9, shall be displayed at a conspicuous place in the village and a copy thereof supplied to the Panchayat through the Sarpanch of the village or the Chief Executive of the municipal body, as the case may be, in the manner, as may be prescribed. 11. (1) A person aggrieved by the demarcation of any boundary in Raising of objections the survey record, or an entry regarding the proprietary rights in the standing and decision. record of rights in a survey unit, may, within ninety days from the date of display of record under section 10, file objections about the correctness thereof before the Assistant Recording and Resolution Officer. (2) The Assistant Recording and Resolution Officer after hearing the parties and perusing the record, if any, shall make necessary correction of the boundaries in the survey map, and ascertain the person best entitled to be recorded as the proprietor in the survey unit, and within sixty days of the expiry of the period under sub-section (1), pass an order in this regard by recording reasons. Explanation. - The recording of the proprietary rights of a person in a survey unit shall not be conclusive proof of ownership and shall be subject to corrections and alterations in appeal or revision under this Act as also the rights so determined by a judgment and order of a court of competent jurisdiction. (3) An entry recorded in the standing record of rights under section 9, if no objection is filed within the period provided under sub-section (1), shall be treated as final. (4) The Assistant Recording and Resolution Officer shall thereafter in the manner prescribed, publish the record as finalized, which shall incorporate an order that may be passed under sub-section (2). 52 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (5) The standing record of rights finalized by the Assistant Recording and Resolution Officer shall be amended or modified in the event of an order passed under sub-section (4) is set aside, modified or reversed in appeal, review or revision. CHAPTER V APPEAL, REVIEW AND REVISION Appeals. 12. (1) Any person aggrieved by an order passed by the Assistant Recording and Resolution Officer under section 11 may, within thirty days of the passing of such order, file an appeal before the Recording and Resolution Officer. (2) The Recording and Resolution Officer after hearing the parties interested and likely to be affected either accept the appeal or dismiss the same by passing a reasoned order. (3) Any person aggrieved by an order passed by the Recording and Resolution Officer under sub-section (2) may, within thirty days of the passing of such order, appeal to the Chief Recording and Resolution Officer, who shall after hearing the parties interested and likely to be affected either accept the appeal or dismiss the same by passing a reasoned order. (4) Appeals under sub-sections (2) and (3) shall be decided by the Recording and Resolution Officer and the Chief Recording and Resolution Officer, as the case may be, within sixty days from the date the respondent puts in appearance after notice or is proceeded against ex-parte unless for reasons to be recorded in writing it is directed otherwise. (5) An appellate authority shall not remand a case except where it is established from the record that an adverse order has been passed against a necessary party who was not duly served. Review. 13. The Assistant Recording and Resolution Officer, the Recording and Resolution Officer and the Chief Recording and Resolution Officer, may within sixty days of the order sought to be reviewed either on their own motion or on the application of a party interested, after notice to the party likely to be affected and giving reasonable hearing, review, and on so reviewing, modify, reverse or confirm any order passed by himself or his predecessor in office: PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 53 (CHTR 11, 1943 SAKA) Provided that - (i) when an Assistant Recording and Resolution Officer finds it necessary to review any order, he shall first obtain the sanction of the Recording and Resolution Officer; (ii) when a Recording and Resolution Officer finds it necessary to review any order, he shall first obtain the sanction of the Chief Recording and Resolution Officer; (iii) when a Chief Recording and Resolution Officer finds it necessary to review any order, he shall first obtain the sanction of the Commissioner; (iv) when any such order is modified or reversed on review by the Assistant Recording and Resolution Officer, or the Recording and Resolution Officer, an appeal shall lie against the order of the Assistant Recording and Resolution Officer to the Recording and Resolution Officer, and from the order of the Recording and Resolution Officer to the Chief Recording and Resolution Officer, and the order on such appeal shall be final; (v) an order against which an appeal or revision has been preferred shall not be reviewed; and (vi) an appeal shall not lie from an order refusing or granting permission to review or confirming on review a previous order. 14. The Commissioner may, on an application of an aggrieved party, within Revision by Commis- sixty days of an order being passed, call for and examine the records relating sioner. to any order passed or proceedings taken under this Act for the purpose of satisfying himself as to the legality or propriety of such order or proceedings and after hearing the affected parties, may pass such order in relation thereto as he may deem fit and modify, reverse or confirm any order passed under this Act. 15. An order of an officer passed under this Act shall be subject to a Decree or order of the decree or order which may be passed by a court of competent jurisdiction. court. 54 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) CHAPTER VI TRANSFER OF RECORD Transfer of 16. After preparation and finalization of the standing record of rights of record to the abadi deh area, it shall be attested by the Assistant Recording and Resolution the District Officer and transferred to the District Collector for maintaining and revising it Collector. under the Revenue Act. Application 17. The provisions of Chapter IV of the Revenue Act after transfer of the of Chapter record under section 16 shall apply mutatis mutandis to such record. IV of Revenue Act. CHAPTER VII PARTITION Partition of 18. A partition of survey units comprised in abadi deh may be allowed by survey a Revenue Officer after the standing record-of- rights has been transferred, units. and only if the partition has been affirmed by all interested parties with a map showing the proposed partition signed by all persons having proprietary rights: Provided that the Revenue Officer after examining such of the co- proprietors of the survey unit and other persons may, if he is of the opinion that the survey unit is impartible or the partition is impractical and there is good and sufficient cause why partition should be disallowed, refuse to partition the survey unit by recording the grounds of his refusal. Disputes as 19. An application for the partition of a survey unit, in the event of a to dispute, shall not lie before the Revenue Officer and the party aggrieved may partition. approach the civil court for partition. CHAPTER VIII MISCELLANEOUS Summoning. 20. (1) A summons issued by an officer appointed under this Act shall be served– (i) personally, on the person to whom it is addressed, or failing him; (ii) his recognized agent; or (iii) an adult member of his family usually residing with him. (2) A summons may also be served by pasting a copy thereof at the usual or last known place of residence of the person to whom it is addressed. PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 55 (CHTR 11, 1943 SAKA) (3) A summons may, if an officer appointed under this Act so directs, be served on the person named therein, either in addition to, or in substitution for, any other mode of service, by forwarding the summons by post in a letter addressed to the person and registered under Chapter VI of the Indian Post Office Act, 1898 (Central Act VI of 1898), or sent through a reputed courier agency notified by the Government in this regard. (4) When a summons is so forwarded in a letter, and it is proved that the letter was properly addressed and duly posted and registered, the officer appointed under this Act may presume that the summons was served at the time when receipt of its delivery is furnished: Provided that in case of a letter sent through registered post, its delivery may be presumed after thirty days if it is not received back undelivered within this period. (5) A summons may also be served on the person named therein by publication of the contents thereof in a daily Punjabi newspaper having wide circulation: Provided that if the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, in the first instance and if the officer appointed under this Act so directs, be served by delivery of a copy thereof to such of those persons as the officer appointed under this Act nominates in this behalf, and by publication of the contents thereof in a daily Punjabi newspaper having wide circulation, for the information of the other persons interested. (6) The summons may also be served through Short Message Service, email, or through other electronic modes at the phone number or e-mail address otherwise known or made known, to the officer appointed under this Act: Provided that if service is effected through any of the above modes, a printout of the delivery of summons shall be placed on the record. (7) A notice, order of proclamation or copy of any such document, issued by an officer under this Act for service on any person shall be served in the manner provided in this section for the service of a summons. 56 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (8) Any of the modes of service provided in sub-sections (2), (3), (5) or (6) may be adopted simultaneously in addition to the mode of service provided in sub-section (1). Presump- 21. Any entry made in a standing record-of-rights in accordance with the tion in provisions of this Act shall be presumed to be true until the contrary is proved favour of entries in or a new entry is lawfully substituted therefor. the standing record of rights. Suit for 22. If any person considers himself aggrieved as to any right of which he declaratory is in possession by an entry in a standing record-of-rights, he may institute a decree by persons suit for a declaration of his right under Chapter VI of the Specific Relief Act, aggrieved 1963(Central Act No. 47 of 1963). by an entry in a record. Correction of 23. The clerical or arithmetical mistakes in any order passed by any officer clerical errors. under this Act may, at any time be corrected by the authority concerned either of its own motion or on the application of any of the parties and an intimation of such correction shall be made to the parties free of any charges and also to the concerned officer for its implementation. Protection of 24. No suit, prosecution or other legal proceedings shall lie against any action taken officer under this Act or any official acting under the directions of such officer, in good faith. for anything which is in good faith done or intended to be done under the provisions of this Act or any rule made thereunder. Power to 25. (1) If any difficulty arises in giving effect to the provisions of this remove Act, the Government may, by order published in the Official Gazette, make difficulties. such provision, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made 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, as soon as may be, after it is made, be laid before the State Legislature. Exclusion of 26. Except as otherwise provided in this Act, no civil court shall entertain jurisdiction of any suit instituted or application made to obtain a decision or order in respect civil courts. of any matter which the Government or any officer is by this Act empowered PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 57 (CHTR 11, 1943 SAKA) to determine or dispose of. 27. The officers under this Act and any person acting under their orders Powers of officers to may, in the discharge of any duty under this Act, enter upon and survey land in enter upon the manner prescribed, put and erect survey marks thereon and demarcate the land, dwelling and habitation boundaries thereof and do all other such acts necessary for the proper areas, survey performance of that duty. units for the purposes of survey and demarcation. 28. (1) If any person willfully destroys, dismantles or without lawful Penalty for destruction, authority removes a survey or demarcation mark lawfully erected or put, he dismantling or may be ordered by the Recording and Resolution Officer to pay such fine not removal of survey marks exceeding rupees one thousand for each mark so destroyed, dismantled or and demarcation. removed, as may, in the opinion of that officer, be necessary to defray the expenses of restoring the same and rewarding the person, if any, who gave information of the destruction, dismantling or removal. (2) The amount of fine levied under sub-section (1), if not paid in the manner prescribed, shall be recoverable as arrears of land revenue under the Revenue Act. (3) The imposition of a fine under this section shall not bar a prosecution under section 434 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860); or prosecution of the offender under any other law for the time being in force. 29. (1) The Government may, by notification, in the Official Gazette, Power of the Government make rules for carrying out the purposes of this Act. to make rules. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters under this Act, namely: - (a) the composition and members of the village committee; (b) the appointment or nomination of officers under this Act for carrying out its intent and purpose; (c) the documents to be comprised in the standing record of rights; 58 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (d) the manner in which the standing records of rights is to be prepared, displayed and published; (e) the procedure for the transfer of the standing records-of-rights prepared under this Act to the revenue authorities under the Revenue Act; (f) the procedure for the imposition and deposit of fine imposed by the Recording and Resolution Officer for willfully destroying, dismantling or without lawful authority removing a survey demarcation mark; (g) the forms for the service of summons, display, publication, preparation and maintenance of records under this Act; (h) the manner in which boundaries of all or any survey unit are to be demarcated and the survey marks to be erected thereon; (i) for issuing of copies and certified copies, including digitized copies of record, order and documents prepared and maintained under this Act and the rules made thereunder; and (j) any other matter for giving effect to the provisions of this Act, or may be prescribed under this Act. S.K. AGGARWAL, Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 2265/4-2021/Pb. Govt. Press, S.A.S. Nagar PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 59 (CHTR 11, 1943 SAKA) PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 1st April, 2021 No. 9-Leg./2021.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 26th day of March, 2021, is hereby published for general information:- THE SARDAR BEANT SINGH STATE UNIVERSITY ACT, 2021 (Punjab Act No. 9 of 2021) AN ACT to provide for the establishment and incorporation of a University for the advancement of education and development thereof in the State of Punjab and for the matters connected therewith or incidental thereto. BE it enacted by the Legislature of the State of Punjab in the Seventy- second Year of the Republic of India as follows:- 1. (1) This Act may be called the Sardar Beant Singh State University Short title and Act, 2021. commence- (2) It shall come into force on and with effect from the date of its ment. publication in the Official Gazette. 2. In this Act, unless the context otherwise requires,- Definitions. (a) “Academic Council” means the Academic Council of the University; (b) "authorities" means the authorities of the University; (c) “Board” means the Board of Governors of the University; (d) “Board of Studies” means the Board of Studies of the University; (e) “campus” means the campus of the Beant College of Engineering and Technology as on the date of coming into force of this Act; (f) "Chancellor" means the Chancellor of the University; (g) "Chairman" means the Chairman of the Board; 60 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (h) “employee” means any person appointed by the University, and includes teachers and other academic staff of the University; (i) “Finance Committee” means the Finance Committee of the University; (j) “Planning Board” means the Planning Board of the University; (k) "Registrar" means the Registrar of the University; (l) “regulations” means the regulations of the University made under this Act; (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 Sardar Beant Singh State University established under this Act; and (r) “Vice-Chancellor” means the Vice-Chancellor of the University. Establishment 3. (1) There shall be established a University by the name of the and incorpora- Sardar Beant Singh State University. tion of the University. (2) The headquarter of the University shall be at Gurdaspur. (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 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 61 (CHTR 11, 1943 SAKA) the name of the Sardar Beant Singh State University. (4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. 4. The University shall perform the following functions, namely:- Powers and functions of (a) to make provisions for providing, upgrading and promoting the University. technical education and training and research in Technical Education and to create entrepreneurship and a conducive environment for the pursuit of the technical education in close cooperation with the industry; (b) to generate and maintain resources through consultancy services, testing services, continuing education programmes, national and international collaborations and transfer of intellectual property rights; (c) to institute and confer degrees, diplomas, certificates and other academic distinctions; (d) to hold examinations and to grant and confer degrees, diplomas, certificates and other distinctions to and on persons who,- (i) shall have pursued a course of study in the University and shall have passed the examinations prescribed by the University; and (ii) shall have carried on research under conditions prescribed by the regulations; (e) to confer honorary degrees in the manner laid down by the regulations; (f) to institute Professorships, Associate Professorships, Assistant Professorships and any other teaching posts required by the University and to appoint persons to such Professorships, Associate Professorships, Assistant Professorships and other posts; (g) to institute and award fellowships, scholarships, studentships, 62 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) exhibitions and prizes in accordance with the provisions of the regulations; (h) to institute and maintain Halls and Hostels; (i) to supervise and control the residence and discipline of the students of the University and to make arrangement for promoting their health and general welfare; (j) to organise laboratories, libraries, museums and to provide such other equipment for teaching and research as is required; (k) to demand and receive such fees and other charges as may be prescribed by regulations; (l) to hold and manage trusts and endowments which may be created in favour of the University; (m) to institute and manage,- (i) Printing and Publication Departments; (ii) University Extension Boards; (iii) Information Bureau; and (iv) Employment Bureau; (n) to make special provisions for the spread of technical education amongst classes and communities which are educationally backward; (o) to make provisions for,- (i) the maintenance of National Cadet Corps or other similar organizations; (ii) physical and military training; and (iii) sports and athletic clubs; (p) to create administrative, ministerial and other necessary posts and make appointments thereto; (q) to receive gifts, donations or benefactions from the State Government or the Central Government and to receive PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 63 (CHTR 11, 1943 SAKA) bequests, donations and transfer of moveable or immovable property from testators, donors or transferors, as the case may be; and (r) to do all such other acts whether incidental to the powers aforesaid or not, as may be required in order to further the objects of the University. 5. The University shall exercise its jurisdiction within its campus. Jurisdiction. 6. (1) The University shall be open to persons of either sex and of University open to all whatever race, creed, caste or class, and it shall not be lawful for the University classes, castes to adopt or impose on any person any test whatsoever of religious belief or and creeds. profession in order to entitle him to hold any post or any other office in the University or be 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. 7. The following shall be the officers of the University, namely:- Officers of the University. (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Registrar; and (iv) such other persons in the service of the University, as may be declared by the regulations to be the officers of the University. 8. The Governor of Punjab shall be the Chancellor of the University. Chancellor. 9. (1) The Vice-Chancellor shall be appointed by the Chancellor on Appointment , powers, duties, the advice of the State Government out of a panel of persons of national conditions of eminence, prepared through a transparent screening process: service and removal of the Provided that the first Vice-Chancellor shall be appointed for a period Vice- Chancellor. of three years by the State Government. 64 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (2) The Vice-Chancellor shall hold office for a term of three years, which may be extended for another three years by the Chancellor, on the advice and recommendations of the State Government. (3) The Chancellor shall determine the amount of remuneration and other conditions of service of the Vice-Chancellor: Provided that such terms and conditions shall not be altered to the disadvantage of the Vice-Chancellor during his term of office. (4) 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 no such order shall be made by the Chancellor 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 during the pendency of any inquiry, the Chancellor may, on the recommendations of the State Government, place the Vice- Chancellor under suspension. (5) In case the office of the Vice-Chancellor becomes vacant due to death, resignation, expiry of term, illness or such other cause, the Chancellor, on the recommendations of the State Government may appoint any person to perform the functions of the Vice-Chancellor until a new Vice- Chancellor is appointed. (6) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general control over its affairs in accordance with the regulations and give effect to the decisions of the authorities of the University. (7) The Vice-Chancellor shall have the power of convening meetings of the Academic Council. (8) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act and the regulations are faithfully observed and he shall have all powers necessary for this purpose. PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 65 (CHTR 11, 1943 SAKA) (9) If, in the opinion of the Vice-Chancellor, an emergency has arisen which requires immediate action to be taken, the Vice-Chancellor shall take such action as he deems necessary with the approval of the Chairman and shall report the same for confirmation at the next meeting to the authority, which in the ordinary course, would have dealt with the matter: Provided that where any such action taken by the Vice-Chancellor is not approved by the authority concerned, he may refer that 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 an appeal to the Board, within a period of thirty days from the date on which he receives notice of such action. 10. (1) The Registrar shall be appointed by the Board on the Appoint- ment, recommendations of the Vice-Chancellor for a period of three years, which powers, may be extended by another term of three years. duties and conditions of (2) The terms and conditions of service of the Registrar shall be service of the Registrar. such, as may be determined by the Board. (3) The Registrar shall be the ex-officio Secretary of the Board and the Academic Council. (4) It shall be the duty of the Registrar to,- (a) be custodian of the records, common seal and such other property of the University, as the Board may commit to his charge; (b) keep the minutes of all meetings of the Board and the Academic Council; (c) conduct the official correspondence of the Board and the Academic Council; (d) arrange for and superintend the examination of the University; (e) supply to the Chancellor, copies of the agenda of the 66 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) meetings of the authorities as soon as they are issued, and minutes of the meetings of the authorities ordinarily within a period of one month of the holding of the meetings; and (f) perform such other duties, as may from time to time, be assigned to him by the Vice-Chancellor or the Board. Appointment, 11. (1) Subject to the provisions of this Act, the powers and duties of powers, duties the officers of the University other than the Chancellor, the Vice-Chancellor of the officers and their terms and the Registrar, the terms for which they shall hold office and the filling of of office etc. casual vacancies in such offices, shall be provided for by the regulations. (2) The mode of appointments, terms and conditions of service and the functions of the officers of the University, other than the Chancellor, the Vice- Chancellor and the Registrar, shall also be provided for by the regulations, in so far as they are not provided herein. Authorities of 12. The following shall be the authorities of the University, namely:- the University. (a) the Board of Governors; (b) the Academic Council; (c) the Faculties; (d) the Board of Studies; (e) the Planning Board; (f) the Finance Committee; and (g) such other authorities, as may be declared by regulations to be the authorities of the University. Board of 13. (1) The Board shall consist of a Chairman, twelve ex-officio Governors. members (including the Vice-Chairman) and six nominated members. (2) The Minister-in-Charge of the Department of Technical Education and Industrial Training, Punjab shall be the Chairman. (3) The Administrative Secretary to Government of Punjab, Department of Technical Education and Industrial Training shall be the Vice- PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 67 (CHTR 11, 1943 SAKA) Chairman. In the absence of the Chairman, the Vice -Chairman shall act as Chairman. (4) (a) The Chairman shall ordinarily preside over the meetings of the Board. (b) The Chancellor shall preside over the convocation of the University and if he is unable to preside over the same, then the Chairman shall preside over the convocation. (5) (a) The Chancellor shall, on the advice of the State Government, nominate the following members of the Board for a period of three years and they shall be eligible for re-nomination for another term of the same period, namely:- (i) two members from amongst the eminent Industrialists; (ii) two members from amongst the eminent educationists; and (iii) two heads of the departments by rotation from amongst the heads of the departments of the University. (b) The following shall be the Ex-officio members, namely:- (i) Vice-Chancellor, the Sardar Beant Singh State University; (ii) Vice-Chancellor, the IK Gujral Punjab Technical University; (iii) Administrative Secretary to Government of Punjab, Department of Higher Education; (iv) Administrative Secretary to Government of Punjab, Department of Finance; 68 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (v) Member of the Punjab Legislative Assembly from Gurdaspur assembly constituency; (vi) Member of the Punjab Legislative Assembly from Dinanagar assembly constituency; (vii) Director, Indian Institute of Management, Amritsar; (viii) Director, Indian Institute of Technology, Ropar; (ix) Vice-Chairman, University Grants Commission, New Delhi or his nominee; (x) President of the Confederation of Indian Industry or his nominee; and (xi) President of the PHD Chamber of Commerce and Industries or his nominee. (6) When a vacancy occurs in the Board due to the resignation or death of a member or otherwise, the same shall be filled in the manner provided in sub-section 5:

Provided that the person who fills such vacancy shall hold office for the unexpired portion of the term for which the person in whose place he becomes a member would have otherwise continued in office. (7) The Board shall be the supreme authority of the University and shall have the following powers and functions, namely:- (a) to superintend and control the affairs of the University; (b) to approve academic programmes; (c) to frame and approve regulations; (d) to create Departments/Centres/Schools/Boards of Studies for running various academic programmes; (e) to create posts of faculty and staff positions in the University; PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 69 (CHTR 11, 1943 SAKA) (f) to approve the University budget; (g) to administer and control the funds of the University and to authorize the opening and operation of the Bank Accounts; (h) to accept, transfer and otherwise control the moveable, immovable and intellectual property of the University; (i) to decide upon the form and use of common seal of the University; (j) to appoint such committees as may be required for the efficient functioning of the University; (k) to approve the emoluments and terms and conditions of service of the faculty and staff of the University; and (l) to approve the performance of works and services on contract. (8) An annual meeting of the Board shall be held on a date to be fixed by the Vice-Chancellor in consultation with the Chairman. In such annual meeting, report of working of the University during the previous year together with the statement of the receipts and expenditure, the balance sheet and financial estimates shall be presented. (9) Special meeting of the Board may be convened by the Chairman as and when necessary. (10) The members of the Board shall be entitled to such allowances, if any, and the sitting fee from the University as may be provided in the regulations, but no member, other than the persons referred to in sub-clause (iii) of clause (a) and sub-clause (i) of clause (b) of sub-section (5) of this section, shall be entitled to any salary. (11) Six members, including the Chairman, shall constitute a quorum at any meeting of the Board. 70 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (12) In case of difference of opinion amongst the members, the opinion of the majority shall prevail. (13) Each member of the Board, including the Chairman, shall have one vote. If there shall be equality of votes on any question to be determined by the Board, the Chairman shall, in addition, have the power to exercise a casting vote. (14) Every meeting of the Board shall be presided over by the Chairman and, in his absence the Vice-Chairman shall preside over the meeting. (15) Any resolution, except such which is placed before the meeting of the Board, may be adopted by circulation among all its members. Any resolution so circulated and adopted by a majority of the members, who have given their approval or disapproval of such resolution, shall be as effective and binding as if such resolution had been adopted in a meeting of the Board: Provided that for any decision by such circulation at least four members of the Board must support the resolution in writing. Academic 14. (1) The Academic Council shall be the Academic Body of the Council. University and shall, subject to the provisions of this Act and regulations, have control and be responsible for the maintenance of standard of instructions, education and examination within the University and shall exercise such other powers and perform such other duties, as may be conferred or imposed upon it by regulations. It shall have the right to advise the Board on all academic matters. (2) The Academic Council shall consist of the following members, namely:- (i) the Vice-Chancellor; : Chairman (ii) the Dean of Faculties; : Member (iii) all the Heads of the : Members Departments/ Schools of the University; PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 71 (CHTR 11, 1943 SAKA) (iv) the Principals of three : Members colleges situatedin the State to be nominated by the Board; (v) Director, Indian Institute : Member of Technology, Ropar (Punjab); (vi) Director, Department of : Member Technical Education and Industrial Training, Punjab; (vii) two eminent industrialists to be : Members nominated by the Board; and (viii) two eminent educationists to be : Members nominated by the Board. The nomination of members mentioned at serial numbers (iv), (vii) and (viii), shall be for a period of two years. 15. (1) The Planning Board shall consist of,- Planning Board. (a) the Vice-Chancellor; (b) the Administrative Secretary to Government of Punjab, Department of Finance or his nominee; (c) the Administrative Secretary to Government of Punjab, Department of Higher Education or his nominee; (d) the Administrative Secretary to Government of Punjab, Department of Technical Education and Industrial Training or his nominee; (e) the Director, Department of Technical Education and Industrial Training or his nominee; (f) not more than ten persons of high standing in public life, education and industry who shall be appointed by the State Government; and 72 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (g) the Registrar shall be the Secretary to the Planning Board. (2) The recommendations of the Planning Board shall be implemented after they are approved by the appropriate authorities of the University. (3) The Planning Board shall advise on the planning and development of the University, particularly in respect of the standard of education and research in the University. Finance 16. (1) The Finance Committee shall consist of the following members, Committee. namely:- (i) Vice- Chancellor; : Chairman (ii) Administrative Secretary to : Member Government of Punjab, Department of Finance; (iii) Administrative Secretary to : Member Government of Punjab, Department of Technical Education and Industrial Training; (iv) Director, Department of Technical : Member Education and Industrial Training, Punjab; and (v) Registrar. : Member- Secretary (2) The Finance Committee shall advise the Board on all financial matters. (3) All matters having financial implications shall firstly be approved by the Finance Committee and only thereafter, be placed before the Board of Governors, for consideration. PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 73 (CHTR 11, 1943 SAKA) 17. Subject to the provisions of this Act, the constitution, the powers and Powers and duties of duties of the authorities of the University, other than the Board and the Academic the Council, shall be provided for by the regulations. authorities of the University. 18. (1) The first regulations of the University shall be made by the Making, amendment, State Government and shall be notified in the Official Gazette. repeal and operations of (2) The Board may, from time to time, make new or additional regulations. regulations or may amend or repeal the regulations: Provided that the Board shall not propose the draft of amendment of the regulations affecting the status, powers or constitution of any existing authority of the University, until such authority has been given an opportunity of expressing an opinion upon the proposal and any opinion so expressed shall be in writing and shall be considered by the Board. (3) Every new regulation or any addition or any amendment or repeal of regulation shall require the approval of the State Government, which may approve, disallow or remit it to the Board for further consideration. 19. Subject to the provisions of this Act, the regulations may provide for Regulations. all or any of the following matters, namely:- (a) the constitution, powers and duties of the Academic Council and such other authorities, as may be deemed necessary to constitute from time to time; (b) the appointments, powers and duties of the officers of the University; (c) the constitution of gratuity and provident fund and the establishment of an insurance scheme for the benefit of the officers and other employees of the University; (d) the conferment of Honorary degrees; (e) the withdrawal of degrees, diplomas, certificates and other academic distinctions; 74 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (f) the establishment and constitution of faculties, departments, halls, hostels, centres and schools; (g) the conditions under which schools and centres may be admitted to the privileges of the University and the withdrawal of such privileges; (h) the admission of students to the University and their enrolment as such; (i) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (j) the degrees, diplomas, certificates and other academic distinctions to be awarded by the University, the qualifications for the same and the amounts to be taken relating to the granting and obtaining of the same; (k) the fees to be charged for the courses of study in the University and for admission to the examinations, degrees, diplomas and certificates of the University; (l) the conditions for the award of fellowships, scholarships, studentships, exhibitions, medals and prizes; (m) the conduct of examinations including terms of office and manner of appointment and the duties of examining bodies, examiners and moderators; (n) the maintenance of discipline amongst the students at the University; (o) the conditions of residence of students at the University; (p) the emoluments and terms and conditions of service of the officers and employees of the University; (q) the management of schools, and centres founded or maintained by the University; PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 75 (CHTR 11, 1943 SAKA) (r) the supervision and inspection of schools and centres admitted to the privileges of the University; and (s) all other matters, which by this Act are or may be provided for by the regulations. 20. (1) The authorities may make sub-regulations consistent with this Sub- regulations. Act and regulations for all or any of the following matters, namely:- (a) laying down, the procedure to be observed at their meetings and the number of members required to form the quorum; and (b) providing for all matters which by this Act and regulations are to be specified. (2) Every authority shall make sub-regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered in the meetings and for the keeping of a record of the proceedings of the meetings. 21. The State Government may, from time to time, provide such amounts Corpus of Funds. by way of grants for meeting the capital, recurring or other expenditure of the University, as it may deem fit. 22. The Annual report of the University shall be prepared and shall be Annual report. submitted to the Board for approval at its annual meeting on or before such date, as may be prescribed by regulations. 23. The accounts of the income and expenditure of the University shall be Annual account. submitted once every year to the State Government for such examination and audit, as the State Government may direct. The accounts when audited, shall be published in the Official Gazette of the State Government. 24. No act done, or proceedings taken under this Act by any authority or Acts or proceedings any other body of the University shall be invalid merely on any of the following of authorities grounds, namely:- and bodies not invali- (a) vacancy or defect in the constitution of the authority or body; dated by vacancies. 76 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (b) defect or irregularity in nomination or appointment of a person acting as a member thereof; and (c) defect or irregularity in such act or proceeding, not affecting the merits of the case. Disputes 25. If any question arises whether a person has been duly nominated or about appointed or is entitled to be a member of any authority or body of the University, constitution of authorities and the matter shall be referred to the Chancellor, whose decision thereon shall be bodies. final. Powers of the 26. (1) The State Government shall have the powers to make a State reference to the University with regard to any matter of policy or in respect of Government. any act done by the University in contravention with the provisions of this Act or the regulations made thereunder. (2) The University shall report to the State Government about the action, if any, as it proposes to take or has taken upon the reference made under sub-section (1), and shall submit an explanation to the State Government, if it fails to take action. (3) If, the University fails to take action on such reference to the satisfaction of the State Government within a reasonable time, it may after considering explanation submitted by the University, issue such directions consistent with this Act, as the State Government may consider necessary and the University shall comply with such directions. (4) The State Government may, at any time, arrange for an inspection or inquiry into the affairs of the University by such authority or person as it may specify, to satisfy about the proper and effective functioning of the University and also upon any matter connected with the administration and finances of the University. (5) The University may authorize any person to represent it on the inspection or inquiry referred to in sub-section (4). (6) On receipt of the report of inspection or inquiry referred to in sub- section (4), the State Government may examine the same and give such PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 77 (CHTR 11, 1943 SAKA) directions, as it may consider necessary, to the University. (7) The Vice-Chancellor shall within a period of thirty days from the date of receipt of the directions given under sub-section (6), send an intimation to the State Government about the action taken by the University in pursuance of the said directions. (8) On the expiry of the period specified in sub-section (7), the State Government may, after considering the intimation, if any, received from the Vice-Chancellor, issue such directions to the University, as it may consider necessary and the University shall comply with such directions. 27. Every resolution passed by the University shall be communicated to Communica- tion of the State Government within a period of thirty days from the date of passing resolution to such resolution. the State Government. 28. If in the opinion of the State Government, resolution of the University Powers of the State is not in public interest, or is not in conformity with the provisions of this Act or Government the regulations made thereunder, it may, by an order in writing, suspend the to suspend or cancel the implementation of such resolution: resolution of the Univer- sity. Provided that the resolution, the implementation of which is suspended by the State Government, shall not be cancelled without giving a reasonable opportunity to the University to explain its position. 29. The State Government may issue such directions to the University, as State Government in its opinion are necessary or expedient for carrying out the purposes of the to give Act or regulations made thereunder or in public interest, and the University directions. shall be bound to comply with all such directions. 30. If any difficulty arises with respect to the establishment of the Power of the State University or in connection with the first meeting of any authority of the Government University or otherwise in giving effect to the provisions of this Act at the first to remove difficulties. stage, the State Government may at any time, before any authority of the University has been constituted, by order make any appointments or do anything so far as it may be consistent with the provisions of this Act, which appears to it necessary or expedient for the purpose of removing the difficulty. Every 78 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act. S.K. AGGARWAL, Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 2265/4-2021/Pb. Govt. Press, S.A.S. Nagar PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 79 (CHTR 11, 1943 SAKA) PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 1st April, 2021 No. 10-Leg./2021.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 26th day of March, 2021, is hereby published for general information:- THE SHAHEED BHAGAT SINGH STATE UNIVERSITY ACT, 2021 (Punjab Act No. 10 of 2021) AN ACT to provide for the establishment and incorporation of a University for the advancement of education and development thereof in the State of Punjab and for the matters connected therewith or incidental thereto. BE it enacted by the Legislature of the State of Punjab in the Seventy- second Year of the Republic of India as follows:- 1. (1) This Act may be called The Shaheed Bhagat Singh State University Short title and Act, 2021. commence- (2) It shall come into force on and with effect from the date of its ment. publication in the Official Gazette. 2. In this Act, unless the context otherwise requires,- Definitions. (a) “Academic Council” means the Academic Council of the University; (b) "authorities" means the authorities of the University; (c) “Board” means the Board of Governors of the University; (d) “Board of Studies” means the Board of Studies of the University; (e) “campus” means the campus of the Shaheed Bhagat Singh State Technical Campus as on date of coming into force of this Act; (f) "Chancellor" means the Chancellor of the University; (g) "Chairman" means the Chairman of the Board; (h) “employee” means any person appointed by the University and includes teachers and other academic staff of the University; 80 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (i) “Finance Committee” means the Finance Committee of the University; (j) “Planning Board” means the Planning Board of the University; (k) "Registrar" means the Registrar of the University; (l) “regulations” means the regulations of the University made under this Act; (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 instructions in the University or for giving guidance or rendering assistance to the students for pursuing any course of study of the University; (q) “University” means the Shaheed Bhagat Singh State University established under this Act; and (r) “Vice-Chancellor” means the Vice-Chancellor of the University. Establishment 3. (1) There shall be established a University by the name of the and incorpo- Shaheed Bhagat Singh State University. ration of the University. (2) The headquarter of the University shall be at Ferozpur. (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 the Shaheed Bhagat Singh State University. (4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. Powers and 4. The University shall perform the following functions, namely:- functions of (a) to make provisions for providing, upgrading and promoting the University. technical education and training and research in Technical Education and to create entrepreneurship and a conducive PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 81 (CHTR 11, 1943 SAKA) environment for the pursuit of the technical education in close co-operation with the industry; (b) to generate and maintain resources through consultancy services, testing services, continuing education programmes, national and international collaborations and transfer of intellectual property rights; (c) to institute and confer degrees, diplomas, certificates and other academic distinctions; (d) to hold examinations and to grant and confer degrees, diplomas, certificates and other distinctions to and on persons who,- (i) shall have pursued a course of study in the University and shall have passed the examinations prescribed by the University; and (ii) shall have carried on research under the conditions prescribed by the regulations; (e) to confer honorary degrees in the manner laid down by the regulations; (f) to institute Professorships, Associate Professorships, Assistant Professorships and any other teaching posts required by the University and to appoint persons to such Professorships, Associate Professorships, Assistant Professorships and other posts; (g) to institute and award fellowships, scholarships, studentships, exhibitions and prizes in accordance with the provisions of the regulations; (h) to institute and maintain Halls and Hostels; (i) to supervise and control the residence and discipline of the students of the University and to make arrangement for promoting their health and general welfare; (j) to organise laboratories, libraries, museums and to provide such other equipment for teaching and research as is required; (k) to demand and receive such fees and other charges as may be prescribed by regulations; (l) to hold and manage trusts and endowments which may be 82 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) created in favour of the University; (m) to institute and manage,- (i) Printing and Publication Departments; (ii) University Extension Boards; (iii) Information Bureau ;and (iv) Employment Bureau; (n) to make special provisions for the spread of technical education amongst classes and communities which are educationally backward; (o) to make provisions for,- (i) the maintenance of National Cadet Corporations or other similar organizations; (ii) physical and military training; and (iii) sports and athletic clubs; (p) to create administrative, ministerial and other necessary posts and make appointments thereto; (q) to receive gifts, donations or benefactions from the State Government or the Central Government and to receive bequests, donations and transfer of movable or immovable property from testators, donors or transferors, as the case may be; and (r) to do all such other acts whether incidental to the powers aforesaid or not, as may be required in order to further the objects of the University. Jurisdiction. 5. The University shall exercise its jurisdiction within its campus. University open 6. (1) The University shall be open to persons of either sex and of whatever to all classes, race, creed, caste or class, and it shall not be lawful for the University to adopt castes and creeds. or impose on any person any test whatsoever of religious belief or profession in order to entitle him to hold any post or any other office in the University or be 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 for 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, PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 83 (CHTR 11, 1943 SAKA) of persons belonging to the Scheduled Castes or Scheduled Tribes. 7. The following shall be the officers of the University, namely:- Officers of the (i) the Chancellor; University. (ii) the Vice-Chancellor; (iii) the Registrar; and (iv) such other persons in the service of the University, as may be declared by the regulations to be the officers of the University. 8. The Governor of Punjab shall be the Chancellor of the University. Chancellor. 9. (1) The Vice-Chancellor shall be appointed by the Chancellor on Appointment, powers, duties, the advice of the State Government out of a panel of persons of National conditions of eminence, prepared through a transparent screening process: service and removal of the Provided that the first Vice-Chancellor shall be appointed for a period Vice-Chancellor. of three years by the State Government. (2) The Vice-Chancellor shall hold office for a term of three years, which may be extended by the Chancellor, on the advice and recommendations of the State Government. (3) The Chancellor shall determine the amount of remuneration and other conditions of service of the Vice-Chancellor: Provided that such terms and conditions shall not be altered to the disadvantage of the Vice-Chancellor during his term of office. (4) Notwithstanding anything contained in clause (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 of the Act: Provided that no such order shall be made by the Chancellor 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 during the pendency of any inquiry, the Chancellor may, on the recommendations of the State Government, place the Vice- Chancellor under suspension. (5) In case the office of the Vice-Chancellor becomes vacant due to death, resignation, expiry of term, illness or such other cause, the Chancellor, on the recommendations of the State Government may appoint any person to perform the functions of the Vice-Chancellor until a new Vice-Chancellor is appointed. 84 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (6) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general control over its affairs in accordance with the regulations and give effect to the decisions of the authorities of the University. (7) The Vice-Chancellor shall have the power of convening meetings of the Academic Council. (8) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act and the regulations are faithfully observed and he shall have all powers necessary for this purpose. (9) If, in the opinion of the Vice-Chancellor, an emergency has arisen which requires immediate action to be taken, the Vice-Chancellor shall take such action as he deems necessary with the approval of Chairman and shall report the same for confirmation at the next meeting to the authority, which in the ordinary course, would have dealt with the matter: Provided that where any such action taken by the Vice-Chancellor is not approved by the authority concerned, he may refer that 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 an appeal to the Board, within a period of thirty days from the date on which he receives notice of such action. Appointment, 10. (1) The Registrar shall be appointed by the Board on the powers, duties recommendations of the Vice-Chancellor for a period of three years, which and conditions of service of the may be extended by another term of three years. Registrar. (2) The terms and conditions of service of the Registrar shall be such, as may be determined by the Board. (3) The Registrar shall be the ex-officio Secretary of the Board and the Academic Council. (4) It shall be the duty of the Registrar to,- (a) be custodian of the records, common seal and such other property of the University as the Board may commit to his charge; PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 85 (CHTR 11, 1943 SAKA) (b) keep the minutes of all meetings of the Board and the Academic Council; (c) conduct the official correspondence of the Board and the Academic Council; (d) arrange for and superintend the examination of the University; (e) supply to the Chancellor, copies of the agenda of the meetings of the authorities as soon as they are issued, and minutes of the meetings of the authorities ordinarily within a period of one month of the holding of the meetings; and (f) perform such other duties as may from time to time, be assigned to him by the Vice-Chancellor or the Board. 11. (1) Subject to the provisions of this Act, the powers and duties of Appointment, powers, duties of the officers of the University other than the Chancellor, the Vice-Chancellor the officers and and the Registrar, the terms for which they shall hold office and the filling of their terms of office etc. casual vacancies in such offices, shall be provided for by the regulations. (2) The mode of appointments, terms and conditions of service and the functions of the officers of the University, other than the Chancellor, the Vice-Chancellor and the Registrar, shall also be provided by regulations, in so far as they are not provided herein. 12. The following shall be the authorities of the University, namely:- Authorities of the University. (a) the Board of Governors; (b) the Academic Council; (c) the Faculties; (d) the Board of Studies; (e) the Planning Board; (f) the Finance Committee; and (g) such other authorities, as may be declared by the regulations. 13. (1) The Board shall consist of a Chairman, twelve ex-officio Board of Governors. members (including the Vice-Chairman) and six nominated members. (2) The Minister In-Charge of the Department of Technical Education and Industrial Training, Punjab shall be the Chairman. 86 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (3) The Administrative Secretary to Government of Punjab, Department of Technical Education and Industrial Training shall be Vice-Chairman. In the absence of the Chairman, the Vice-Chairman shall act as Chairman. (4) (a) The Chairman shall ordinarily preside over the meetings of the Board. (b) The Chancellor shall preside over the convocation of the University and if he is unable to preside over the same, then the Chairman shall preside over the convocation. (5) (a) The Chancellor shall, on the advice of the State Government, nominate the following members of the Board for a period of three years and they shall be eligible for re-nomination for another term of the same period, namely:- (i) two members from amongst the eminent Industrialists; (ii) two members from amongst the eminent educationists; and (iii) two heads of the department by rotation from amongst the heads of the departments of the University. (b) The following shall be the ex-officio members, namely:- (i) Vice-Chancellor, the Shaheed Bhagat Singh State University; (ii) Vice-Chancellor, the Maharaja Ranjit Singh Punjab Technical University; (iii) Administrative Secretary to Government of Punjab, Department of Higher Education; (iv) Administrative Secretary to Government of Punjab, Department of Finance; (v) Member of the Punjab Legislative Assembly from Ferozpur (Urban) assembly constituency; PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 87 (CHTR 11, 1943 SAKA) (vi) Member of the Punjab Legislative Assembly from Ferozpur (Rural) assembly constituency; (vii) Director, Indian Institute of Management, Amritsar; (viii) Director, Indian Institute of Technology, Ropar; (ix) Vice-Chairman, University Grants Commission, New Delhi or his nominee; (x) President of the Confederation of Indian Industry or his nominee; and (xi) President of the Progress, Harmony and Development Chamber of Commerce and Industries or his nominee. (6) When a vacancy occurs in the Board due to the resignation or death of a member or otherwise, the same shall be filled in the manner provided in sub-section 5: Provided that the person who fills such vacancy shall hold office for the unexpired portion of the term for which the person in whose place he becomes a member would have otherwise continued in office. (7) The Board shall be the supreme authority of the University and shall have the following powers and functions, namely:- (a) to superintend and control the affairs of the University; (b) to approve academic programmes; (c) to frame and approve regulations; (d) to create Departments/Centres/Schools/Boards of studies for running various academic programmes; (e) to create posts of faculty and staff positions in the University; (f) to approve the University budget; (g) to administer and control the funds of the University and to authorize the opening and operation of the Bank accounts; (h) to accept, transfer and otherwise control the moveable, 88 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) immovable and intellectual property of the University; (i) to decide upon the form and use of common seal of the University; (j) to appoint such committees as may be required for the efficient functioning of the University; (k) to approve the emoluments and terms and conditions of service of the faculty and staff of the University; and (l) to approve the performance of works and services on contract. (8) An annual meeting of the Board shall be held on a date to be fixed by the Vice-Chancellor in consultation with the Chairman. In such annual meeting, report of working of the University during the previous year together with the statement of the receipts and expenditure, the balance sheet and financial estimates shall be presented. (9) Special meeting of the Board may be convened by the Chairman as and when necessary. (10) The members of the Board shall be entitled to such allowances, if any, and the sitting fees from the University as may be provided in the regulations, but no member, other than the persons referred to in sub-clause (iii) of clause (a) and sub-clause (i) of clause (b) of sub-section 5 shall be entitled to any salary. (11) Six members, including the Chairman, shall constitute a quorum at any meeting of the Board. (12) In case of difference of opinion amongst the members, the opinion of the majority shall prevail. (13) Each member of the Board, including the Chairman, shall have one vote. If there shall be equality of votes on any question to be determined by the Board, the Chairman shall, in addition, have the power to exercise a casting vote. PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 89 (CHTR 11, 1943 SAKA) (14) Every meeting of the Board shall generally be presided over by the Chairman and, in his absence, the Vice-Chairman shall preside over the meeting. (15) Any resolution, except such which is placed before the meeting of the Board, may be adopted by circulation among all its members. Any resolution so circulated and adopted by a majority of the members, who have given their approval or disapproval of such resolution, shall be as effective and binding as if such resolution had been adopted in a meeting of the Board: Provided that for any decision by such circulation at least four members of the Board must support the resolution in writing. 14. (1) The Academic Council shall be the academic body of the Academic Council. University and shall, subject to the provisions of this Act and regulations, have control and be responsible for the maintenance of standard of instructions, education and examination within the University and shall exercise such other powers and perform such other duties, as may be conferred or imposed upon it by regulations. It shall have the right to advise the Board on all academic matters. (2) The Academic Council shall consist of the following members, namely:- (i) the Vice-Chancellor; : Chairman (ii) the Dean of Faculties; : Member (iii) all the Heads of the Departments or : Members Schools of the University; (iv) the Principals of three colleges : Members situated in the State to be nominated by Board; (v) Director, Indian Institute of : Member Technology, Ropar (Punjab); (vi) Director, Department of Technical : Member Education and Industrial Training, Punjab; 90 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) (vii) two eminent industrialists to be : Members nominated by the Board; and (viii) two eminent educationists to be : Members nominated by the Board. The nomination of members mentioned at serial numbers (iv), (vii) and (viii), shall be for a period of two years. Planning 15. (1) The Planning Board shall consist of,- Board. (a) the Vice-Chancellor; (b) the Administrative Secretary to Government of Punjab, Department of Finance or his nominee; (c) the Administrative Secretary to Government of Punjab, Department of Higher Education or his nominee; (d) the Administrative Secretary to Government of Punjab, Department of Technical Education and Industrial Training or his nominee; (e) the Director, Department of Technical Education and Industrial Training or his nominee; (f) not more than ten persons of high standing in public life, education and industry who shall be appointed by the State Government; and (g) The Registrar shall be the Secretary to the Planning Board. (2) The recommendations of the Planning Board shall be implemented after they are approved by the appropriate authorities of the University. (3) The Planning Board shall advise on the planning and development of the University, particularly in respect of the standard of education and research in the University. Finance 16. (1) The Finance Committee shall consist of the following Committee. members, namely:- (i) Vice- Chancellor; : Chairman PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 91 (CHTR 11, 1943 SAKA) (ii) Administrative Secretary to : Member Government of Punjab, Department of Finance; (iii) Administrative Secretary to : Member Government of Punjab, Department of Technical Education and Industrial Training; (iv) Director, Department of Technical : Member Education and Industrial Training Punjab; and (v) Registrar. : Member Secretary (2) The Finance Committee shall advise the Board on all financial matters. (3) All matters having financial implications shall firstly be approved by the Finance Committee and only thereafter, be placed before the Board of Governors, for consideration. 17. Subject to the provisions of this Act, the constitution, the powers and Powers and duties of the authorities of the University, other than the Board and the Academic duties of the authorities of Council shall be provided for by the regulations. the Univer- sity. 18. (1) The first regulations of the University shall be made by the Making State Government and shall be notified in the Official Gazette. amendment, repeal and (2) The Board may, from time to time, make new or additional operations of regulations. regulations or may amend or repeal the regulations: Provided that the Board shall not propose the draft of amendment of the regulations affecting the status, powers or constitution of any existing authority of the University, until such authority has been given an opportunity of expressing an opinion upon the proposal and any opinion so expressed shall be in writing and shall be considered by the Board. (3) Every new regulation or any addition or any amendment or repeal of 92 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) regulation shall require the approval of State Government, which may approve, disallow or remit it to the Board for further consideration. Regulations. 19. Subject to the provisions of this Act, the regulations may provide for all or any of the following matters, namely:- (a) the constitution, powers and duties of the Academic Council and such other authorities as may be deemed necessary to constitute from time to time; (b) the appointments, powers and duties of the officers of the University; (c) the constitution of gratuity and provident fund and the establishment of an insurance scheme for the benefit of the officers and other employees of the University; (d) the conferment of Honorary degrees; (e) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (f) the establishment and constitution of faculties, departments, halls, hostels, centres and schools; (g) the conditions under which colleges, schools and centres may be admitted to the privileges of the University and the withdrawal of such privileges; (h) the admission of students to the University and their enrolment as such; (i) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (j) the degrees, diplomas, certificates and other academic distinctions to be awarded by the University, the qualifications for the same and the amounts to be taken relating to the granting and obtaining of the same; (k) the fees to be charged for the courses of study in the University and for admission to the examinations, degrees, diplomas and certificates of the University; PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 93 (CHTR 11, 1943 SAKA) (l) the conditions for the award of fellowships, scholarships, studentships, exhibitions, medals and prizes; (m) the conduct of examinations including terms of office and manner of appointment and the duties of examining bodies, examiners and moderators; (n) the maintenance of discipline amongst the students at the University; (o) the conditions of residence of students at the University; (p) the emoluments and terms and conditions of service of the officers and employees of the University; (q) the management of schools and centres founded or maintained by the University; (r) the supervision and inspection of schools and centres admitted to the privileges of the University; and (s) all other matters, which by this Act or may be provided for by the regulations. 20. (1) The authorities may make sub-regulations consistent with Sub- regulations. this Act and regulations for all or any of the following matters, namely:- (a) laying down, the procedure to be observed at their meetings and the number of members required to form the quorum; and (b) providing for all matters which by this Act and regulations are to be specified. (2) Every authority shall make sub-regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered in the meetings and for the keeping of a record of the proceedings of the meetings. 21. The State Government may, from time to time, provide such amounts Corpus of Funds. by way of grants for meeting the capital, recurring or other expenditure of the University, as it may deem fit. 22. The annual report of the University shall be prepared and shall be Annual report. submitted to the Board for approval at its annual meeting on or before such date, as may be prescribed by regulations. 94 PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) Annual 23. The accounts of the income and expenditure of the University shall be account. submitted once every year to the State Government for such examination and audit, as the State Government may direct. The accounts when audited, shall be published in the Official Gazette of the State Government. Acts or 24. No act done, or proceedings taken under this Act by any authority or proceedings any other body of the University shall be invalid merely on any of the following of authorities and bodies grounds, namely:- not invali- (a) vacancy or defect in the constitution of the authority or body; dated by vacancies. (b) defect or irregularity in nomination or appointment of a person acting as a member thereof; and (c) defect or irregularity in such act or proceeding, not affecting the merits of the case. Disputes 25. If any question arises whether a person has been duly nominated or about appointed or is entitled to be a member of any authority or body of the University, constitution of authorities the matter shall be referred to the Chancellor, whose decision thereon shall be and bodies. final. Powers of the 26. (1) The State Government shall have the powers to make a State Govern- reference to the University with regard to any matter of policy or in respect of ment. any act done by the University in contravention with the provisions of this Act or the regulations made thereunder. (2) The University shall report to the State Government about the action, if any, as it proposes to take or has taken upon the reference made under sub-section (1), and shall submit an explanation to the State Government, if it fails to take action. (3) If, the University fails to take action on such reference to the satisfaction of the State Government within a reasonable time, it may after considering explanation submitted by the University, issue such directions consistent with this Act, as the State Government may consider necessary and the University shall comply with such directions. (4) The State Government may, at any time, arrange for an inspection or enquiry into the affairs of the University by such authority or person as it may specify, to satisfy about the proper and effective functioning of the University and also upon any matter connected with the administration and finances of the University. PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 95 (CHTR 11, 1943 SAKA) (5) The University may authorize any person to represent it on the inspection or enquiry referred to in sub-section (4). (6) On receipt of the report of inspection or enquiry referred to in sub-section (4), the State Government may examine the same and give such directions, as it may consider necessary, to the University. (7) The Vice-Chancellor shall within a period of thirty days from the date of receipt of the directions given under sub-section (6), send an intimation to the State Government about the action taken by the University in pursuance of the said directions. (8) On the expiry of the period specified in sub-section (7), the State Government may, after considering the intimation, if any, received from the Vice-Chancellor, issue such directions to the University, as it may consider necessary and the University shall comply with such directions. 27. Every resolution passed by the University shall be communicated to Communication of resolution to the State Government within a period of thirty days from the date of passing the State of such resolution. Government. 28. If in the opinion of the State Government, resolution of the University Powers of the State Government is not in public interest, or is not in conformity with the provisions of this Act or to suspend or the regulations made thereunder, it may, by an order in writing, suspend the cancel the resolution of the implementation of such resolution: University. Provided that the resolution, the implementation of which is suspended by the State Government, shall not be cancelled without giving a reasonable opportunity to the University to explain its position. 29. The State Government may issue such directions to the University, State Govern- ment to give as in its opinion are necessary or expedient for carrying out the purposes of the directions. Act or regulations made thereunder or in public interest, and the University shall be bound to comply with all such directions. 30. If any difficulty arises with respect to the establishment of the Power of the State Govern- University or in connection with the first meeting of any authority of the ment to remove University or otherwise in giving effect to the provisions of this Act at the first difficulties. stage, the State Government may at any time, before any authority of the University has been constituted, by order make any appointments or do anything so far as it may be consistent with the provisions of this Act, which appears to it necessary or expedient for the purpose of removing the difficulty. Every 96 PUNJAB GOVT. GAZ.

(EXTRA), APRIL 1, 2021 (CHTR 11, 1943 SAKA) such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act. S.K. AGGARWAL, Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 2265/4-2021/Pb. Govt. Press, S.A.S. Nagar PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 97 (CHTR 11, 1943 SAKA) PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 1st April, 2021 No. 11-Leg./2021.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 27th day of March, 2021, is hereby published for general information:- THE PUNJAB MOTOR VEHICLES TAXATION (AMENDMENT) ACT, 2021 (Punjab Act No. 11 of 2021) AN ACT further to amend the Punjab Motor Vehicles Taxation Act, 1924. BE it enacted by the Legislature of the State of Punjab in the Seventy- second Year of the Republic of India as follows: - 1. (1) This Act may be called the Punjab Motor Vehicles Taxation Short title (Amendment) Act, 2021. and commence- (2) It shall come into force on and with effect from the date of its ment. publication in the Official Gazette. 2. In the Punjab Motor Vehicles Taxation Act, 1924 (hereinafter referred Substitu- to as the principal Act), for section 3, the following section shall be substituted, tion of section 3 of namely:- Punjab Act " 3. (1) (a) Subject to the provisions of this Act, a tax shall be levied and 4 of 1924. Imposition collected on all motor vehicles used or kept for use in the State of of Tax. Punjab, at such rates, in such a manner as may be specified by the Government, by notification, from time to time: Provided that where an owner of a motor car or a motor cycle in respect of which, a tax has been paid in lump sum, ceases to be the resident of the State of Punjab and takes alongwith him, such motor car or motor cycle, or if the ownership of the motor car or motor cycle is transferred to a person having residence outside the State of Punjab, then, refund of the lump sum tax so paid, shall be allowed at such rates, as may be determined by the Government, from time to time. (b) In case a transport vehicle is registered in a State other than the State of Punjab, such a vehicle shall become liable for paying tax, the moment it enters within the State of Punjab at such rates, as may be determined by the Government, from time to time. (2) At the time of issuance of new stage carriage permit of buses, one time tax per kilometer shall be leviable at such rates, as may be specified PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 98 (CHTR 11, 1943 SAKA) by the Government, by notification, from time to time: Provided that if a big bus holder is allowed to ply on extended route with the increased mileage, then, in that case, the amount of one time tax per kilometer referred above shall be leviable additionally for the extended route. (3) The notifications issued under sub-sections (1) and (2) shall specify the type of motor vehicles, the periods and the manner, in which, the tax shall be levied: Provided that the rates of tax shall not exceed the maximum limit as has been specified in the Schedule. (4) The owner or driver of the transport vehicle shall be liable to pay tax under clause (b) of sub-section (1) at the Tax Collection Centre established under the control of an officer of the Department of Transport or any agency, firm or company, which is entrusted to collect tax on behalf of the Government through auction, subject to such terms and conditions as may be specified in the Agreement to be executed between the Government and such agency, firm or company, as the case may be.". 3. In the principal Act, for the existing Schedule, the following Schedule Substitution of shall be substituted, namely:- Schedule of Punjab Act 4 "SCHEDULE of 1924. (See section 3) Serial Category of Motor Vehicles Maximum rate of tax Number 1. Non-Transport Vehicles New Registration (i) Motor Cycle, Motor Car Twenty per cent of the value and Adapted Carriage of the motor cycle, motor car or Adapted Carriage (in lump sum) (ii) Excavator, Loader, Backhoe, Compactor Roller, Road Roller, Dumper, Motor Grader, Mobile Crane, Dozer, Fork Lift Truck, Self-Loading Concrete Mixer or any other construction PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 99 (CHTR 11, 1943 SAKA) equipment vehicle, Camper Van or Trailer for private use, Vehicles or Trailers fitted with equipments like rig, generator, compressor etc., Crane Mounted Vehicle, Tow Truck, Brake- down Van, Recovery Vehicles, Tower Wagon and Tree Trimming Vehicles or any other non-transport vehicles not covered under any category- (a) purchased as chassis Fifty per cent of the cost of chassis, subject to the maximum of rupees ten lakh (in lump sum) (b) purchased with complete Forty per cent of the cost of body complete body, subject to the maximum of rupees ten lakh (in lump sum) Re-registration or Re-assignment Rate of tax in lump sum (i) In case of re-registration or re-assignment of motor cycle or motor car- (a) less than three years Ninty-five per cent of the tax of new motor cycle or motor car (b) three years or more Seventy-five per cent of the tax but less than six years of new motor cycle or motor car PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 100 (CHTR 11, 1943 SAKA) (c) six years or more but less Fifty-five per cent of the tax of than nine years new motor cycle or motor car (d) nine years or more Thirty-five per cent of the tax of new motor cycle or motor car (ii) Vehicles disposed of by The Motor Vehicle Tax shall be various Government arrived at by reducing the Departments or amount of tax at the rate of five Government Agencies on per cent per financial year or which lump sum tax have part thereof upto ten years not been paid earlier from the date of registration, but amount of lump sum tax shall not exceed rupees seventy-five thousand after the period of ten years. 2. (i) Transport Vehicles Contract Carriage including Tourists or All India Tourists Permit Vehicles (Motor Cab or Maxi Cab or Tourist Buses etc.) (a) Auto Rickshaws (Three Rupees ten thousand per seat Wheeler) having capcity per annum or twenty per upto 6+1 seats cent of the value of Auto rick- shaw or both (b) Motor Vehicles having Rupees ten thousand per seat capacity upto 6+1 seats per annum or twenty per cent of the value of vehicle or both (c) Motor vehicles having Rupees fifteen thousand per capacity more than 6+1 seat per annum or twenty per seats and upto 12+1 seats cent of the value of vehicle or both PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 101 (CHTR 11, 1943 SAKA) (d) Motor Vehicles having capacity Rupees twenty thousand per more than 12+1 seats seat per annum or twenty percent of the value of vehicle or both (ii) Private Service Vehicles (a) Vehicles used for trade and Rupees four lakh fifty thousand business per annum or twenty per cent of the value of vehicle or both (b) Vehicles used by Educational Institutions- I. for school vehicles Rupees three lakh per annum or twenty per cent of the value of vehicle or both II. for college vehicles Rupees four lakh per annum or and other institutional twenty per cent of the value of vehicles vehicle or both (iii) Stage Carriage Maximum rate of tax per kilo- meter, each Vehicle, for a day (1) Big Buses- (a) Ordinary Buses Rupees twenty or twenty per cent of the value of the vehicles at the time of new registration or both (b) Ordinary HVAC Buses Rupees twenty or twenty per (3x2 seats) cent of the value of the vehicles at time of new registration or both (c) Integral Coach (2x2 seats) Rupees twenty or twenty per Buses cent of the value of the vehicles at time of new registration or both PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 102 (CHTR 11, 1943 SAKA) (d) Super Integral Coach Rupees twenty or twenty per Buses cent of the value of the vehicles at time of new registration or both (2) Buses having capacity upto Rupees one lakh fifty thousand thirty-five seats per annum or twenty per cent of the value of vehicles at time of new registration or both (iv) Goods CarriageVehicles Rupees one lakh fifty thousand per annum or twenty per cent value of the vehicle at time of new registration or both in all catagories of goods carriage vehicles (v) Tractor with trolley used Rupees twenty thousand per for commercial purpose annum or twenty per cent of within the radius of twenty- the value of the vehicle at time five kilometer from the of new registration or both place of permit holder's residence (vi) Omni Bus registered in Rupees ten thousand per seat the State of Punjab per annum or twenty per cent of the value of the vehicle at the time of new registration or both (vii) Other Transport Vehicles like Dumper, Loader, Camper Van or Trolleys, Tippers, Cash van, Mobile Canteen, Haul Pack, Mobile Workshops, Ambulance, Animal Ambulance, Fire Tenders, PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 103 (CHTR 11, 1943 SAKA) Snored Ladders, Auxiliary Trolleys and Fire Fighting Vehicles, Hearses, Mail Carrier, Mobile Clinic or X- ray vans or Library Vans- (a) purchased as Chassis Fifty per cent of the cost of chas- sis, subject to the maximum of rupees ten lakh (in lump sum) or both (b) purchased with complete Forty per cent of the cost of com- body plete body, subject to the maxi- mum of rupees ten lakh (in lump sum) or both 3. Green or Environment or Any other tax (i) Non-Transport Vehicles Rupees fifty thousand at the time of renewal of Registration Certificate (ii) Transport Vehicles Rupees fifty thousand after eight years per annum 4. (i) Electric Vehicle (Passenger) (a) E-rickshaw having Rupees ten thousand per seat capacity upto 6+1 seats per annum or twenty per cent of the value of E- rickshaw or both (b) Motor vehicle having Rupees twenty thousand per capacity upto 6+1 seats seat per annum or twenty per cent of the value of vehicle or both PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 104 (CHTR 11, 1943 SAKA) (c) Motor vehicle having Rupees forty thousand per seat per annum or twenty per capacity more than 6+1 cent of the value of vehicle seats and upto 12+1 seats or both (d) Motor vehicle having Rupees fifty thousand per capacity more than 12+1 seat per annum or twenty per cent of the value of vehicle seats or both (ii) E-Cart Rupees one lakh fifty thou- sand per annum or twenty per cent of the value of vehicle or both Rupees one lakh fifty thou- (iii) Electric Vehicle (Goods) sand per annum or twenty per cent of the value of vehicle or both 5. Tax on Vehicles under the possession of Manufacturer or Dealer- (a) Two Wheeler or Vehicle Rupees ten thousand per annum for every one hundred vehicles or part thereof (b) Three or Four Wheeler or Rupees twenty thousand per Vehicle annum for every fifty vehicles or part thereof 6. Vehicles plied on contract carriage Maximum rate of Tax per day permits or on All India Tourist (twenty-four hours) Permits or on any other similar permits registered in any State other than the State of Punjab, when entering in Punjab- PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 105 (CHTR 11, 1943 SAKA) (i) Motor Cabs Rupees three thousand (ii) Maxi Cabs Rupees six thousand (iii) Omni Buses Rupees six thousand (iv) Ordinary Buses Rupees twenty thousand (v) Deluxe Buses Rupees thirty thousand (vi) Air-conditioned Buses Rupees forty thousand 7. Vehicles of other States, when entering and plying in Punjab- (i) Stage Carriage Rupees twenty per kilometer per day or twenty per cent of the value of vehicle or both (ii) Private Service Vehicles Rupees four lakh fifty thousand per annum or twenty (Trade and Business per cent of the value of vehicle Vehicles) or both (iii) Educational Institution Rupees four lakh per annum Vehicles or twenty per cent of the value of vehicle or both (iv) Goods Carriage other than Rupees one lakh fifty thousand those holding national permit per annum or twenty per cent of other States. of the value of vehicle or both (v) Special purpose vehicles Rupees ten thousand per day (Transport) or twenty per cent of the value of vehicle or both 8. Tax on temporarily registered Rate of Tax per vehicle vehicles or chassis passing through the Punjab- (i) Motor Car, Tractor, Omni Rupees two thousand Bus having capacity upto PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 106 (CHTR 11, 1943 SAKA) ten seats, but excluding the driver of three wheeled vehicles (ii) Any other motor vehicles, Rupees fifteen thousand not covered under item (i) above (iii) Chassis of Motor Vehicles Rupees ten thousand 9. At the time of issuance of new Maximum rate of one time stage carriage permit- tax per Kilometer (i) Big Buses Rupees two thousand five hundred (ii) Buses having capacity Rupees two hundred fifty upto thirty-five seats (iii) In case of increase in Rupees two thousand five mileage (Big Buses) hundred 10. In the case of transfer of ownership of the following kinds of motor vehicles which are already registered in Punjab- (i) All types of Motor Vehicles Rupees seventy-five thousand per vehicle (ii) All types of tractors using Rupees seventy-five thousand public roads other than per vehicle agricultural tractors No additional tax shall be levied in case of transfer of ownership owing to death or transfer to insurance company for settlement of claim. PUNJAB GOVT. GAZ. (EXTRA), APRIL 1, 2021 107 (CHTR 11, 1943 SAKA) 11. Transport vehicle plied without a Rupees two lakh for every act valid permit or in an unauthorized of violation manner 12. Any other vehicle not covered above- (i) Transport Vehicle Rupees four lakh fifty thousand per annum or twenty per cent of the value of the Vehicle (ii) Personalized Vehicle Rupees fifteen lakh on one time basis.". S.K. AGGARWAL, Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 2265/4-2021/Pb. Govt. Press, S.A.S. Nagar