The Jagat Guru Nanak Dev Punjab State Open University Act, 2019

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019 (AGHN 29, 1941 SAKA) Regd. No. NW/CH-22Regd. No. CHD/0092/2018-2020 EXTRAORDINARY Published by Authority CHANDIGARH, FRIDAY, DECEMBER 20, 2019 (AGRAHAYANA 29, 1941 SAKA) ( cxxv ) LEGISLATIVE SUPPLEMENT ContentsPages Part - IActs

(1) This Act may be called the Jagat Guru Nanak Dev Punjab State Open University Act, 2019. (2) It shall come into force on and with effect from the date of its publication in the Official Gazette.

In this Act, rules and regulations made thereunder, unless the context otherwise requires,— (a) “Academic Council” means the Academic Council of the University; (b) “Board” means the Board of Governors of the University; (c) “Board of Studies” means the Board of Studies of the University; (d) “College” means a College or other academic institution established or maintained by, or admitted to the privileges of the University; (e) "Chancellor" means the Chancellor of the University; (f) “Employee” means any person appointed by the University, and includes teachers and other academic staff of the University; (g) “Finance Committee” means the Finance Committee of the University; (h) “Learner Support Centre” means a centre established, maintained or recognised by the University for advising, counseling, providing interface between the teachers and the learners, and rendering any academic and any other related service and assistance required by the learners; (i) “Learner Support Services” means and includes such services as are provided by the University in order to facilitate the acquisition of teaching-learning experiences by the learner to the level prescribed by or on behalf of the University in respect of a programme of study; (j) “Open and Distance Learning Mode” means a mode of providing flexible learning opportunities by overcoming the separation of teacher and learner using a variety of media, including print, electronic, digital, online and occasional interactive face-to-face meetings; (k) “Planning Board” means the Planning Board of the University; (l) “Regulations” means the regulations made by any authority of the University under this Act for the time being in force; (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 Jagat Guru Nanak Dev Punjab State Open University established under this Act; and (r) “Vice-Chancellor” means the Vice-Chancellor of the University;

(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 “Jagat Guru Nanak Dev Punjab State Open University”. (4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. Provided that the University may, with the prior approval of the Government of India, also establish Learner Support Centers outside India.

Punjab Act 47 of 2016. Constitution of Regulatory Body.

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019 (AGHN 29, 1941 SAKA) (2)The Regulatory Body shall consist of the following, namely:- (a)Deputy Commissioner of theChairperson district concerned or an officer not below the rank of Additional Deputy Commissioner;

(Elementary Education);

Government from amongst the eminent educationists of the district concerned; and (e)the Chairperson of the Regulatory Body may associate any other officer of the Government, if so required. (3)The nominated members referred to in sub-section (2), shall be paid such remuneration and travelling allowance for attending the meeting of the Regulatory Body, as may be prescribed.”

4.In the principal Act, in section 4, for the words “the concerned Division”,

the words “the concerned District” shall be substituted. 5.In the principal Act, in section 5, for the second proviso, the following provisos shall be substituted, namely:- “Provided further that increase in fee shall not exceed eight per cent of the fee of the previous year charged by the Unaided Educational

shall notify and display at a conspicuous place the proposed annual fees and the funds to be charged by them one month before the start of admissions to the next academic session: Provided further that a complaint in respect of such fee or funds, as defined in clauses (g) and (h) of section 2 read with section 9, to be Amendment in section 4 of Punjab Act 47 of 2016.

Punjab Act 47 of 2016.

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019 (AGHN 29, 1941 SAKA) charged by such institutions alongwith any proposed increase in fee and/ or funds, may be made before the Regulatory Body and said Body shall dispose of such complaint in accordance with the provisions of this Act: Provided further that the student(s), whose father or earning member dies during their study in an Unaided Educational Institution, shall not be

compelled to leave the institution on account of non-payment of fee or

funds and such students shall not be charged any fee till the completion of their studies in that institution: Provided further that in case the Unaided Educational Institutions specify for purchasing of specific uniforms or books, they shall have to notify and display the specifications of such uniforms and books at conspicuous place and the parents shall be at liberty to purchase such

uniforms or books from any place of their choice. However, the colour

and design and any other specification of the uniforms so notified, shall not be changed at least for next two years.” S.K. AGGARWAL, Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 1930/12-2019/Pb. Govt. Press, S.A.S. Nagar

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019 (AGHN 29, 1941 SAKA)

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2019 (AGHN 29, 1941 SAKA)

(1) The Finance Committee shall consist of the following members, namely:-(i) the Vice- Chancellor :Chairman (ii) the Administrative Secretary to Government of Punjab, Department of Finance :Member (iii) the Administrative Secretary to Government of Punjab, Department of Higher Education :Member (iv) two members of the Board, to be nominated by the Chairman :Members and (v) Registrar :Member Secretary (2) The Finance Committee shall advise the Board on all financial matters.

Subject to the provisions of this Act, the constitution, the powers and duties of the authorities of the University other than the Board and the Academic Council shall be provided by the regulations.

(1) The first regulations of the University shall be approved and notified by the State Government in the Official Gazette. (2) The Board may, from time to time make new or additional 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 after approval of the Board shall require the approval of the State Government, which may approve, disallow or remit it to the Board for further consideration.

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, colleges, 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 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 among 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 colleges, schools, and centres founded or maintained by the University; (r) the supervision and inspection of colleges, 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.

The State Government shall provide a one-time grant not exceeding Rs. 25,00,00,000 to create a Corpus of Funds which thereafter shall be maintained and replenished by the University by mobilising funds from time to time by way of grants, donations, fees and such other charges as it may be enabled to levy under its regulations.

The annual report of the University shall be prepared and shall be submitted to the Board for approval at its annual meeting on or before such date as may be prescribed by regulations.

The accounts of the income and expenditure of the University shall be 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.

No act done, or proceedings taken under this Act by any authority or any other body of the University shall be invalid merely on any of the following grounds, namely:-(a) vacancy or defect in the constitution of the authority or body; (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.

If any question arises whether a person has been duly nominated or appointed or is entitled to be a member of any authority or body of the University, the matter shall be referred to the Chancellor, whose decision thereon shall be final.

Every resolution passed by the University shall be communicated to the State Government within a period of thirty days from the date of passing such resolution.

If in the opinion of the State Government, resolution of the University is not in the public interest, or is not in conformity with the provisions of this Act or the regulations made there under, it may, by an order in writing, suspend the implementation of such resolution: 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.

The State Government may issue such directions to the University, as in its opinion are necessary or expedient for carrying out the purposes of this Act or regulations made there under, and the University shall be bound to comply with all such directions.

If any difficulty arises with respect to the establishment of the University or in connection with the first meeting of any authority of the University or otherwise in giving effect to the provisions of this Act at the first 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 such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act.