The Punjab Affiliated Colleges (Security of Service) Act, 1974

1. (1) This Act may be called the Punjab Affiliated Colleges (Security of Service 1[*]) Act, 1974.

1. (2) It extends to the whole of the State of Punjab.

2. In this Act, unless the context otherwise requires, -

1. (a) "affiliated college" means a college associated with and admitted to the privileges of a University constituted or established under any law for the time being in force but does not include a Government college or a college established or maintained by such a University; 2[(aa) "aided post" means an aided post on the establishment of an affiliated college against which such a college gets grant-in-aid from the State Government from time to time.]
2. (b) "Director" means the Director of Public Instruction, Punjab, and includes any other officer authorised by the State Government to perform the functions of the Director under this Act; 3[(c) "Educational Tribunal" means a Tribunal, constituted under section 7-A of this Act, which shall hear and decide the cases of disputes between the “Management Committees” and the “employees”, as defined in this Act and the Punjab Privately Managed Recognised Schools Employees (Security of Service) Act, 1979.]
3. (d) "Managing Committee" means the Managing Committee of an affiliated college and includes a person or body of persons for the time being entrusted with the management of the affairs of an affiliated college; 4[(e) “employee” means a person in the employment of an affiliated college but does not include a work charged employee]; 1[(f) “educational institution” means ‘an affiliated college’ as defined in clause (a) of section 2 of this Act, and includes ‘a privately managed recognised school’ as defined in clause (g) of section 2 of the Punjab Privately Managed Schools Employees (Security of Service) Act, 1979;] 2[(g) “Administrator” means the officer appointed by the Administrative Secretary to Government of Punjab, Department of Higher Education to manage the affairs of the affiliated college; and
4. (h) “mismanagement” means managing the affairs in a way which leads to violation(s) of the regulations of the University Grants Commission or its successor regulatory body or bodies, as adopted by the State Government, or of the regulations prescribed by the concerned University or of the grant-in-aid scheme or any other law or the directions of the State Government and includes, -
   • (i) failure to comply with the conditions of affiliation laid down by the University; or
   • (ii) misappropriation or misapplication of grants or funds received from the State Government, Government of India or through any of its instrumentalities or students; or
   • (iii) failure to take appropriate action under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Central Act No. 14 of 2013), despite having been called upon to do so or failure to take appropriate steps for the protection of the victim under the said Act; or
   • (iv) taking pecuniary benefits by the members of the Managing Committee; or
   • (v) taking actions which may defeat the national agenda of inclusive education; or
   • (vi) violation of any other law applicable to the affiliated college.]

3. No 2[employee] shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

4. (1) The penalty of dismissal or removal from service shall not be imposed unless the same is approved by the Director.

1. (2) Where after the inquiry referred to in section 3, it is proposed to impose the penalty of dismissal or removal from service, the proposal shall be referred to the Director alongwith the relevant record and intimation about the proposal having been so referred shall be sent to the 2[employee] concerned also simultaneously.
2. (3) 2[An employee] may, within a period of thirty days of the receipt of the intimation referred to in sub-section (2), make a representation against the proposed penalty to the Director who may, after examining the record and giving to the parties an opportunity of being heard, by an order in writing, give his approval to the imposition of the proposed penalty of dismissal or removal from service, as the case may be, or refuse to give approval if the proposal is found to be mala fide or by way of victimisation or not warranted by the facts and circumstances of the case.
3. (4) Any party aggrieved by an order of Director 1[under sub-section (3) may file an appeal to the 2[Educational Tribunal], which may] after giving to the parties an opportunity of being heard, pass such order as he may deem fit.

5. (1) Where after the inquiry referred to in section 3, it is proposed to impose the penalty of reduction in rank, the 3[employee] shall be given a reasonable opportunity of making representation on the penalty proposed to be imposed and no order of reduction in rank shall be passed unless such an opportunity has been given.

1. (2) 3[An employee] against whom an order of reduction in rank is passed, may within the prescribed period and in the prescribed manner, file an appeal to the 4[2[Educational Tribunal] and it may], after examining the record and giving to the parties an opportunity of being heard, set aside the order of reduction in rank, if the same is found to be mala fide or by way of victimisation or not warranted by the facts and circumstances of the case.

6. The provisions of sections 3, 4 and 5 shall not apply -

1. (i) to the termination of service of any 3[employee] who is appointed for a temporary period only;
2. (ii) to the termination of service of any 3[employee] appointed on probation, during or at the end of the period of probation, on account of his work or conduct being unsatisfactory; [and]
3. (iii) to 3[an employee] who is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge. 5[(iv) *]

1[7. (1) No employee of an affiliated college shall be retrenched on account of reduction in work load without prior approval of the Director who shall before according approval examine each case in accordance with the norms of work load laid down by the University with which such college is affiliated.

1. (2) An employee who is relieved from an affiliated college as a result of retrenchment, shall have preference for appointment to future vacancies in the affiliated college in which he was serving immediately before retrenchment or in another affiliated college under the same Managing Committee.]

2[8. No civil court shall have jurisdiction in respect of any matter in relation to which the State Government, the Director or a 3[Educational Tribunal] is empowered by or under this Act to exercise any power and no injunction shall be granted by any civil Court in respect of anything which is done or intended to be done by or under this Act.]

9. No suit, prosecution or other legal proceeding shall lie against the State Government or any authority or any officer appointed under this Act for anything which is in good faith done or intended to be done in pursuance of this Act.

10. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with such provisions which appear to it to be necessary or expedient for the purpose of removing the difficulty.

11.

Power to make rules 12. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • (i) the procedure to be observed for an inquiry under section 3;
   • (ii) the manner of filing an appeal to the 1[Educational Tribunal] under section 5 and the period within which the same is to be filed; 2[(ii-a) the terms and conditions of service of the Presiding Officer of a 31[Educational Tribunal].] 3[(ii-b) the grant of pensionary benefits under Section 9-B.]
   • (iii) any other matter which has to be, or may be, prescribed;
2. (3) Every rule made under this section shall be laid as soon as may be, after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or in more successive sessions and if, before the expiry of the session in which it is so laid or the successive session aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under the rule.