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

2. In this Act, unless the context otherwise requires, - (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.] (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.] (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 (h) “mismanagement” means managing the affairs in a way which leads to violation(s) of the regulations of the Unipversity 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.]

1[2-A. An employee appointed against a vacancy likely to exist for more than one year shall remain on probation for a period of one year which may be extended from time to time: Provided that the total period of probation including extension, if any, shall not exceed two years.

2-B. (1) No employee shall be placed under suspension, unless:- (a) disciplinary proceedings against him are contemplated or are pending; or (b) a case against him in respect of any criminal offence is under investigation, inquiry or trial. (2) No employee shall be kept under suspension for a period exceeding six months without the prior approval of the Secretary to Government of Punjab, Department of Education.]

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. (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 14[employee] concerned also simultaneously. (3) An 14[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. (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. (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[16[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 - (i) to the termination of service of any 3[employee] who is appointed for a temporary period only; (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] (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. (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[7-A. (1) The State Government may, by notification, in the Official Gazette, constitute one or more Educational Tribunals for such area or areas, as may be specified in such notification. (2) Each Educational Tribunal shall consist of a Chairman and two members, out of whom, one shall be from amongst the persons, who have administrative background and the other from amongst the persons, who have academic background. 3[(3) The Chairman of an Educational Tribunal, shall be appointed by the State Government in consultation with the Chief Justice of the Punjab and Haryana High Court. The members of an Educational Tribunal shall be appointed by the State Government.] (4) A person shall not be qualified for appointment as Chairman of an Educational Tribunal. unless he has been a Judge of the High Court. (5) A person shall not be qualified for appointment as a member of an Educational Tribunal from the category of persons, having administrative background, unless he has been an officer of the State Government, not below the rank of a Principal Secretary to Government of Punjab. (6) A person shall not be qualified for appointment as a member of an Educational Tribunal from the category of persons, having academic background, unless he has been a Principal of College for a minimum period of one year. 4[(7) (i) If a vacancy, other than on account of temporary absence, occurs in the office of the chairman or a member, the State Government shall appoint another person in accordance with provisions of this section to fill the vacancy. (ii) Subject to the provisions of sub-section (15), the Chairman and at least one other member or in the case of the vacancy in the office of Chairman, two members shall constitute proper quorum of the Educational Tribunal: Provided that if the office of the Chairman is vacant otherwise than on account of a temporary vacancy, the member appointed under sub-section (3) read with sub-section (5), shall exercise the powers of the Chairman during the period of such vacancy. (iii) No proceedings of the Educational Tribunal shall be invalid merely on account of a vacancy in the office of the Chairman or a member.] (8) The State Government shall make available to an Educational Tribunal such staff, as may be necessary in the discharge of its functions under this Act. (9) All expenses incurred in connection with an Educational Tribunal,shall be borne by the State Government (10) The Educational Tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which, it shall hold its sittings: Provided that the State Government, may, specify any place or places, where the Educational Tribunal shall hold its sittings. (11) The Educational Tribunal shall, for the purposes of disposal of an application made under this Act, have the same powers, as are vested in an appellate court by the 1[Code of Civil Procedure,1908, including the power of review of its own order.] An Educational Tribunal shall also have the power to stay the operation of any order, appealed against, on such terms, as it may think appropriate. (12) The Educational Tribunal shall have jurisdiction to hear all cases of disputes between the Managing Committees' and the 'employees', as defined in this Act, and the Punjab Privately Managed Recognised Schools Employees (Security of Service) Act, 1979.] 1[(13) Subject to the power of review of its own orders, the orders of the Educational Tribunal shall be final.]] 2[(14) (i) Where any amount is due from any person under an order made by the Educational Tribunal, the person entitled to the amount may make an application to the Educational Tribunal and the Educational Tribunal may order the bank account of the person from whom such amount is recoverable to be attached and direct the concerned bank to stop all payments out of the bank account so attached. (ii) If the person from whom the amount is due or recoverable fails or omits to make the payment of the dues to the person entitled to receive such amount within three months from the date of attachment, the Educational Tribunal may direct the bank to deposit the amount due out of the balance available in the bank account attached under clause (i) to be paid to the party entitled thereto and on deposit of such amount the attachment shall stand vacated. (iii) If the Educational Tribunal deems it not practicable or convenient to recover the amount, due from a person, under the clauses (i) and (ii), it may issue a certificate for the said amount to the Collector of the district and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue. (15) (i) Notwithstanding anything contained in this section, the Chairman may constitute Benches consisting of the Chairman and one member or of two members to be called Double Benches or of a Chairman or of a member to be called Single Benches, and assign or reassign or transfer between Benches such cases or class or classes of cases, to such benches by passing general or special orders and such Benches shall exercise jurisdiction, powers and authority of the Educational Tribunal. (ii) The quorum of the Full Bench of the Educational Tribunal shall be regulated in terms of sub-section (7). (iii) If at any stage of the hearing of a case or matter a Single Bench deems fit and makes a reference to the Chairman that the case or matter is of such a nature that it ought to be heard by the Full Bench or another Single Bench, the Chairman may transfer such case or matter to such other Single Bench or Full Bench as the Chairman may deem fit. (iv) If a case is transferred from one Bench to another Bench, proceedings before such other bench shall continue from the stage at which they are received.]

1[7-B. The tenure of office of the Chairman and the members of the Educational Tribunal shall be three years or till attaining the age of sixty-five years whichever is earlier.]

2[7-C. The Administrative Secretary to Government of Punjab, Department of Higher Education may, - (i) on the recommendation of the University to which the college is affiliated; or (ii) on being satisfied that a case of mismanagement is made out against the affiliated college, after reasons to be recorded in writing, suspend the Managing Committee of such affiliated college for one year in the first instance, and appoint an Administrator: Provided that the tenure of suspension may be extended by one year at a time.]

1[7-D. The Educational Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the Provisions of the Contempt of Courts Act, 1971 (70 of 1971), shall have effect subject to the modification that the references therein to a High Court shall be constructed as including a reference to the Educational Tribunal.]

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.

4[9-A. If the Managing Committee fails to carry out any order of the 31[Educational Tribunal] or any directions of the Director under this Act, the State Government may take such action as it may think fit including stoppage of the grant in aid.]

5[9-B. The State Government, may grant to the employees appointed against the aided posts such pensionary benefits and on such terms and conditions, as may be prescribed.

9-C. If any person, - (a) fails or refuses to submit any return, statement or other document required under the rules made under this Act, or submits a false return, statement or other document or makes a false declaration; or (b) obstructs any officer or official in the discharge of his duties or fails to produce any record for verification by such officer or official, as the case may be; or (c) is guilty of non-compliance of any of the provisions of this Act or the rules made thereunder; he shall be punishable with imprisonment, which may extend to one year or with fine, which may extend to fifty thousand rupees or with both.]

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. The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force including any regulation or statute of any university.

12. (1) The State Government may, by notification in the Official Gazette, makes rules for carrying out the purposes of this Act. (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 34[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; (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.