The Guru Kashi University Act, 2011

(1) This Act may be called the Guru Kashi University Act, 2011. (2) It shall come into force at once.

In this Act, unless the context othonfwise requiros,- (a) "Academic Council" means the Academic Council of the University; (b) "Board of Management" means a board, to be constituted by the Governing Body; (c) "Campus" means the area within which the University is situated; (d) "Chancellor" means the Chancellor of the University; (e) "Chief Finance and Accounts Officer" means the Chief Finance and Accounts Officer of the University; (f) "Dean" means a Dean of the University; (g) "Governing Body" means the Governing Body of the University; (h) "institution" means any institution or college or school or study centre, by whatever name it may be called, run or managed by the Trust; (i) "naac" means the National Assessment and Accreditation Council; (j) "prescribed" means prescribed by the statutes, ordinances and regulations made under this Act; (k) "Registrar" means the Registrar of the University; (l) "State Government" means the Government of the State of Punjab; (m) "statutes", "ordinances" and "regulations" mean, respectively, the statutes, ordinances and regulations of the University made under this Act; (n) "teacher" means a Professor, Reader, Associate Professor, Assistant Professor, Lecturer and any such other person, imparting instruction on full time or part time in the University or in any of its institutions; (o) "Trust" means the Balaji Educational Trust (Regd.); (p) "University" means the Guru Kashi University established under this Act; (q) "Vice-Chancellor" means the Vice-Chancellor of the University; (r) "Visitor" means the Visitor of the University.

(1) There shall be established a private university by the name of the Guru Kashi University in the State of Punjab. (2) The University shall be run and managed by the Trust in accordance with the provisions of this Act. (3) The University shall be a body corporate by the name mentioned in sub-section (1) and shall have perpetual succession and a common seal. It shall have the power to acquire, hold, dispose of property both movable and immoveable and to contract and shall sue and be sued by the said name. (4) The headquarters of the University shall be located at Sardulgarh Road, Talwandi Sabo, District Bathinda. (5) The University shall be self-financed and it shall not be entitled to receive any grant or other financial assistance from the State Government.

The objects of the University shall be,- (i) to provide for instructions, teaching, education, research and training at all levels in all disciplines of higher education including medical, technical, general education and in any other field and subject, as per the needs of the industry and the society in general, as may be deemed fit by the University through all the modes of education, as may emerge or become relevant in future; (ii) to make provisions for study and research on the life and teaching of Ten Gurus and their cultural and religious impact in the context of Indian and world civilizations; (iii) to promote the development of Punjabi language literature and culture; (iv) to promote the academic aspirations of the rural students; (v) to provide for research, creation, advancement and dissemination of knowledge, wisdom and understanding; (vi) to institute degrees, diplomas, certificates and other academic distinctions on the basis of examinations or any such other method; and (vii) to do all such other act and things, which may be necessary or desirable to further the objects of the University.

The University shall have the following powers and functions to be exercised and performed by or through its officers and authorities, namely:- (i) to make provisions for instruction, teaching and research relating to the courses through traditional as well as new innovative modes including online education modes; (ii) to conduct and hold examinations, grant or confer degrees, diplomas, certificates, awards, grades, credits, academic distinctions as well as other distinctions and certificates; (iii) to institute and confer the designations of Professor, Associate Professor, Assistant Professor, Reader, Lecturer or any other equivalent designation, as may be required by the University or its institutions and to appoint persons as such; (iv) to institute and award fellowships, scholarships and studentships, as may be prescribed; (v) to provide for research, consultancy and to provide for industry-linkages and certificates of competency; (vi) to obtain accreditation from any council or board or agency fully or partially from the University Grants Commission or State agencies or any other person; (vii) to provide for dual degree, diploma or certificate programmes with other Universities on reciprocal basis; (viii) to set up central library, departmental libraries, museums and allied matters; (ix) to demand such fees and other charges as may be prescribed; (x) to manage and run the funds of the Trust and in favour of the University; (xi) to institute and confer honorary degrees as may be prescribed; (xii) to print, publish the works of academic excellence; (xiii) to take measures for increasing educational facilities for the educationally backward strata of the society; (xiv) to promote sports and martial arts; (xv) to create administrative, ministerial and other posts and to make appointments thereto; (xvi) to receive grants from the University Grants Commission and from any other Government or State agencies or any other person; (xvii) to accept gifts, donations and to raise loans and to enter into projects on mutually acceptable terms and conditions in respect of agriculture, industry and related areas; (xviii) to provide and promote extra-curricular activities for the holistic development of the teachers, students and employees of the University; (xix) to acquire and take on lease or mortgage any immovable property and sell, lease, mortgage, alienation and transfer any property vested in the University; (xx) to fix, maintain and provide salaries, remunerations, allowances and perquisites to the employees of the University in accordance with the norms specified by the University Grants Commission or such other regulatory body; (xxi) to provide for recognition of examinations or studies in other Universities or institutions; (xxii) to fix, maintain and provide fee structure for various categories of admissions in consultation with other institutions on mutually acceptable terms and conditions; (xxiii) to frame statutes, ordinances and regulations for carrying out the objects of the University; (xxiv) to do self-certification, which shall be exempted from obtaining any permission, approval, license, certificate, no objection certificate, authorization or any other document from the State Government or any other body set-up by the State Government or under any State Act or Central Act in so far as it is applicable to the State; and (xxv) to do all such other acts, which may be necessary or desirable to further the objects of the University.

The following shall be the officers of the University, namely:- (i) the Visitor; (ii) the Chancellor; (iii) the Vice-Chancellor; (iv) the Registrar; (v) the Chief Finance and Accounts Officer; and (vi) such other officers of the University, as may be declared by it by statutes to be the officers of the University.

(1) The Governor of Punjab shall be the Visitor of the University. (2) The Visitor shall preside over the convocation of the University for conferring degrees and diplomas. The Visitor shall have the right to call for any information relating to the affairs of the University. (3) The Visitor, in consultation with the Chancellor, may cause the scrutiny, investigation, survey or inquiry or any other such like thing to be made by such person, as he may direct in respect of administrative, academic or executive matters of the University. (4) The Visitor shall, in every case, give notice to the University of his intention to cause the inspection, scrutiny, investigation, survey or inquiry or any other such like thing to be made and the University shall appoint a person who shall be present at such inspection, scrutiny, investigation, survey or inquiry or any other such like thing as the case may be. (5) The Visitor may inform the Vice-Chancellor about the result of inspection, scrutiny, investigation, survey or inquiry and the Vice-Chancellor shall communicate to the Governing Body, the views of the Visitor alongwith such advice as the Visitor may have tendered and the action to be taken on such advice. (6) The Vice-Chancellor shall inform the Visitor about the action taken or proposed to be taken by the University with respect to the inspection, scrutiny, investigation, survey or inquiry as the case may be. (7) If the State Government considers it appropriate in public interest to make inspection, scrutiny, investigation, survey or inquiry or any other such like thing, as the case may be, in respect of any matter relating to the University or its institutions, it shall cause the intended inspection, scrutiny, investigation, survey or inquiry or any other such like thing, to be made by the State Government to the Visitor with the Chancellor.

(1) The Chairperson of the Trust shall be the Chancellor of the University and he shall, in the absence of the Visitor, preside over the convocation of the University. (2) The Chancellor shall be the head of the University and he shall decide or revoke any decision taken by any authority or officer of the University. (3) The Chancellor may exercise his powers either suo motu or on the representation of any authority or officer of the University. (4) The Chancellor shall have the power to do all such other acts as may be required to facilitate the smooth functioning of the University and the decisions taken by the Chancellor shall be final and binding on all concerned. (5) If in the opinion of the Chancellor, it is necessary to take immediate action on any matter for which any powers are conferred on any other officer or authority of the University by or under this Act, he may take such action, as he deems necessary and shall, thereafter, at the earliest possible, report his action to such officer or authority who would have in the ordinary course dealt with the matter. (6) If, in the opinion of the Chancellor, any decision of any officer or authority of the University is beyond the powers conferred under this Act or statutes, ordinances or regulations made thereunder or is likely to be prejudicial to the interests of the University, he shall ask such officer or authority to revise its decision within a period of fifteen days and in case the officer or authority refuses to revise such decision, wholly or partly, or fails to take any decision within a period of fifteen days, the decision of the Chancellor, thereon shall be final. (7) If, at any time, upon the representation made or otherwise, it appears to the Chancellor that the Vice-Chancellor or any other officer of the University:- (a) has made default in performing any duty imposed upon him under this Act or otherwise; or (b) has acted in a manner prejudicial to the interest of the University; or (c) is incapable of managing the affairs of the University; the Chancellor may, notwithstanding the fact that the term of that officer has not expired, by an order in writing and stating the reasons therein, require the officer to relinquish his office from such date, as may be specified in the order. The officer concerned shall be deemed to have relinquished the office from the date so specified: Provided that no such order shall be passed, unless the grounds on which such action is proposed to be taken are communicated to that officer and he is given reasonable opportunity of being heard.

(1) The Vice-Chancellor shall be appointed by the Chancellor from the panel of five persons recommended by the Governing Body, subject to the provisions of this Act, hold office for a term of three years: Provided that the Vice-Chancellor shall continue to hold office even after expiring of his term, till new Vice-Chancellor joins, but, in any case, this period shall not exceed one year. (2) No person shall be appointed as Vice-Chancellor, unless he possesses such qualifications, as may be prescribed by the University Grants Commission or its equivalent body, created or constituted by the Central Government or State Government. (3) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise such powers and perform such duties, as may be prescribed. (4) In case of absence of the visitor and the chancellor, the Vice-Chancellor shall preside over the convocation of the University. (5) The Vice-Chancellor shall exercise such powers and perform such duties, as may be prescribed.

(1) The Registrar shall be appointed by the Chancellor from a panel of three names recommended by the Governing Body in such manner, as may be prescribed. (2) No person shall be appointed as Registrar unless he possesses such qualifications as may be prescribed by the University Grants Commission or its equivalent body created or constituted by the Central Government. (3) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University. (4) The Registrar shall be the Member-Secretary of the Governing Body, the Board of Management and Academic Council but he shall not have the right to vote. (5) The Registrar shall exercise such powers and perform such other duties, as may be prescribed.

(1) The Chief Finance and Accounts Officer shall be appointed by the Chancellor in such manner, as may be prescribed. (2) No person shall be qualified to be appointed as Chief Finance and Accounts Officer unless he is a Chartered Accountant. (3) The Chief Finance and Accounts Officer shall exercise such powers and perform such duties, as may be prescribed.

(1) The University may appoint such other officers, as it may deem necessary for its functioning. (2) The manner of appointment of such other officers of the University and their powers and functions shall be such as may be prescribed.

The following shall be the Authorities of the University, namely:- (i) the Governing Body; (ii) the Board of Management; (iii) the Academic Council; and (iv) such other authorities as may be declared by the statutes to be the authorities of the University.

(1) The Governing Body of the University shall consist of the following persons, namely:- (a) the Chancellor; (b) the Vice-Chancellor; (c) three persons nominated by the Trust, out of which two shall be eminent educationists; (d) one expert of management or information technology from outside the University nominated by the Chancellor; (e) one expert of finance nominated by the Chancellor; (f) the Secretary to Government of Punjab, Department of Higher Education or his nominee; (g) one eminent educationist nominated by the Chancellor in consultation with Government of Punjab, Department of Higher Education. (2) The Governing Body shall be the supreme body of the University and shall exercise the following powers:- (a) to provide general superintendence and to give directions for controlling the functioning of the University in accordance with the statutes, ordinances and regulations; (b) to review the decisions of other authorities of the University in case these are not in conformity with the provisions of the statutes, ordinances and regulations; (c) to approve the budget and annual report of the University; (d) to lay down the extensive policies to be followed by the University; (e) to recommend to the Trust, the voluntary liquidation of the University, if such situation arises when smooth functioning of the University does not remain possible; and (f) to exercise such other powers, as may be prescribed by the statutes. (3) The Governing Body shall meet at least twice in a calendar year. (4) The quorum for a meeting of the Governing Body shall be five.

(1) The Board of Management shall consist of the following members, namely:- (a) the Chancellor or his nominee; (b) the Vice-Chancellor; (c) two members of the Trust, nominated by the Trust; (d) two representative of the Directorate of Higher Education of the State Government, who are not below the rank of Deputy Director; (e) three teachers from amongst the Professors or Associate Professors of the University, nominated by the Chancellor; (f) two teachers nominated by the Vice-Chancellor. (2) The powers and functions of the Board of Management shall be such as may be prescribed. (3) The Board of Management shall meet at least twice in a year. (4) The quorum for a meeting of the Board of Management shall be five.

(1) The Academic Council shall consist of the following members, namely:- (a) the Vice-Chancellor; (b) one eminent academician nominated by the State Government in its Higher Education Department; and (c) such other members, as may be prescribed. (2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, statutes, ordinances and regulations, coordinate and exercise general supervision over the academic policies of the University. (3) The quorum for meeting of the Academic Council shall be such, as may be prescribed.

The composition, constitution, powers and functions of other authorities of the University, as may be constituted under clause (iv) of Section 13, shall be such as may be prescribed.

A person shall be disqualified for being a member of any of the authorities or body of the University, if he:- (a) is of unsound mind and stands so declared by a competent court; (b) has been convicted of any offence involving moral turpitude; (c) has been punished for participating in or promoting unfair practice in the conduct of any examination in any form.

No act or proceeding of any authority or body of the University shall be invalid merely by reason of any vacancy or defect in the constitution of the authority or body; or any defect in election, nomination or appointment of a person acting as member thereof; or any defect in such act or proceeding not affecting the merits of the case.

Any vacancy, which may occur in any authority or body of the University due to death, resignation or any other cause, shall be filled up as early as possible by the authority or person, who had appointed or nominated such member: Provided that the person appointed or nominated as a member of any authority or body of the University, on an emergent vacancy, shall hold office only for the remaining tenure of the member, in whose place, he has been appointed or nominated, as the case may be.

The authorities of the University may constitute committees for performing specific tasks by such committees. The composition of such committees and their duties shall be such, as may be_prescribed.

(1) The Governing Body may, from time to time, make statutes and other statutes or may amend or repeal the same. (2) Every statute or any amendment made therein or repeal thereof, shall require the approval of the Chancellor. (3) Subject to the provisions of this Act, the statutes may provide for following matters, namely:- (a) the powers and functions of the authorities of the University; (b) the manner, terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer and their powers and functions; (c) the manner, terms and conditions of appointment of other officers and teachers and their powers and functions; (d) the terms and conditions of service of the employees of the University; (e) the procedure for arbitration in case of disputes between officers, teachers, employees and students; (f) the creation and abolition of honorary degrees; (g) the procedure for admission of students from the University; (h) the fixation of tuition fee and other fees; (i) the issuance of testimonials and awarding them degrees and fellowships; (j) the manner of admissions, including the number of seats in different courses; (k) any other matter, for which statutes are required to be made under this Act. (4) The Governing Body shall submit the statutes to the State Government for approval. (5) The State Government shall consider the statutes submitted by the University and shall give its approval thereon without or with such modifications, if any, as it may deem necessary and return the statutes to the University. (6) The University shall, with the approval of the Governing Body, express its agreement to the statutes as approved by the State Government, and if it desires not to give effect to any or all of the modifications made by the State Government, it may give reasons therefor. (7) After the statutes are finally approved by the State Government, these shall be published in the Official Gazette of the University. (8) The statutes so published shall take effect from the date of their publication in the Official Gazette of the University.

(1) The Governing Body may, from time to time, make ordinances or may amend or repeal the same. (2) Every ordinance or any amendment made therein or repeal thereof, shall require the approval of the Chancellor. (3) Subject to the provisions of this Act, the ordinances may provide for the following matters, namely:- (a) the admission of students to the University and their enrolment; (b) the courses of study to be laid down for the degrees, diplomas and certificates of the University; (c) the degrees, diplomas, certificates and other academic distinctions; (d) the fees to be charged for the various courses, examinations of the University; (e) the conditions of residence of the students of the University; (f) the disciplinary action against the students; (g) the creation, composition and functions of any other body, which is considered necessary for improving the academic life of the University; (h) the rules for award of fellowships, scholarships, studentships and prizes; (i) the manner of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators; (j) the collaboration with other institutions of higher education; (k) any matter, which by this Act or statutes made thereunder is required to be provided by the ordinances. (4) After the approval of the Chancellor, the ordinances of the University shall be submitted to the State Government for its approval. (5) The State Government shall consider the ordinances submitted by the University and shall give its approval thereon without or with such modifications, if any, as it may deem necessary and forward the ordinances to the University. (6) The University shall, with the approval of the Governing Body, express its agreement to the ordinances as approved by the State Government and if it desires not to give effect to any or all of the modifications made by the State Government, it may give reasons therefor. (7) After the ordinances are finally approved by the State Government, these shall be published in the Official Gazette of the University.

(1) The Governing Body may, from time to time, make regulations or may amend or repeal the same. (2) Every regulation or any amendment made or repeal thereof, shall require the approval of the Chancellor. (3) The State Government shall consider the regulations submitted by the University and shall give its approval thereon without or with such modifications, if any, as it may deem necessary and return the regulations to the University. (4) After the regulations are finally approved by the State Government, these shall be published in the Official Gazette of the University. (5) The regulations shall not be amended without the approval of the State Government within a period of five years from the date of their publication in the Official Gazette of the University, however, thereafter these may be amended by the University at its own level as prescribed under this Act.

(1) The University shall be prohibited from conferring any degrees, not recognized by the University Grants Commission or its equivalent body constituted, by the Central Government. (2) It shall be mandatory for the University to follow the University Grants Commission (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003 or any other regulations, made for private Universities by the University Grants Commission or other Regulatory Bodies. (3) Notwithstanding anything contained in this Act, the University shall be bound to comply with the Regulations and norms of the Regulating Bodies and provide all such information and assistance to such bodies, as are required by them to perform their duties and carry out their functions.

(1) The University shall have General Fund to which shall be credited,- (a) fees and other charges received by the University; (b) any contribution made by the Trust; (c) payments received from consultancy and other work undertaken by the University; (d) bequests, donations, endowments and any other grants; (e) funds and grants received from any source by the University for performing any task; and (f) grants from any Government and non-Government agencies. (2) The General Fund shall be utilized for the following purposes:- (a) for the repayment of debts including interest charges thereto incurred by the University; (b) for the upkeep of the assets of the University; (c) for the payment of the cost of audit of the funds created; (d) for meeting the expenses of any suit or proceedings; (e) for the payment of salaries, allowances of the officers and employees of the University and for the payment of any benefits to any such officers and employees; (f) for the payment of travelling and other allowances of the members of the authorities of the University and of the members of any committee or board; (g) for the payment of fellowships, freeships, scholarships, assistantships and other awards to students belonging to economically weaker sections of the society or research associates or trainees, as the case may be, or to any student otherwise eligible for such awards; (h) for the payment of any expenses incurred by the University; (i) for acquisition of land or any kind of development work or likewise activities for the purpose of the University; (j) for the payment of cost of capital and repayment of loans incurred by the Trust for setting up and running the University and the investments made therefor; (k) for the payment of charges and expenditure relating to the consultancy work undertaken by the University; and (l) for the payment of any expenditure, salaries, taxes, liabilities etc. by the Trust for or on behalf of the University. (3) The University shall design such accounting system to handle the administration of finance and accounts in a simple and efficient manner that unnecessary procedural complications could be avoided.

(1) The Guru Kashi University Ordinance, 2011 (Punjab Ordinance No. 11 of 2011), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance, referred to in sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of this Act.

The accounts of the income and expenditure of the University shall be audited by the Chartered Accountants of the University and shall be submitted once in a year by the Chief Finance and Accounts Officer to the Governing Body for its approval.

At the beginning of each academic session and in any case, not later than 31st day of October of each calendar year, the University shall prepare and publish a Schedule of Examinations including various academic activities to be conducted at the University. Explanation.- "Schedule of Examinations" means a table giving details about the time, day and date of the commencement of each paper which is a part of a scheme of examinations and shall, in any case, not later than a period of forty-five days from the date of the examination of the last paper of the course and shall, in any case, not later than sixty days from such examinations conducted by the University.

(1) The University shall strive to declare the results of examinations within forty-five days from the date of the examination, and shall in any case, not later than sixty days from such date of the examination. (2) No examination or result of an examination shall be held invalid only for the reason that the University has not followed the Schedule of Examination.

The convocation shall be held in every academic year for conferring degrees, diplomas, certificates or any other academic distinction or for any other purpose in the manner, as may be prescribed.

If any question arises with respect to the appointment or entitlement of any person, claiming to be a member of any authority or other body of the University, the same shall be referred to the Chancellor, and the decision thereon shall be final.

If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, in consultation with the Chancellor, by an order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as it may deem necessary for removing the difficulty.

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