Professional Documents
Culture Documents
CHD/0092/2015-2017
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Contents Pages
Part - I Acts
1. The Punjab Khadi and Village Industries
Board (Amendment) Act, 2016.
(Punjab Act No. 36 of 2016) .. 127-128
2. The Punjab State Commission for Minorities
(Second Amendment) Act, 2016.
(Punjab Act No. 37 of 2016) .. 129-131
3. The Punjab Municipal Corporation (Second
Amendment) Act, 2016.
(Punjab Act No. 38 of 2016) .. 133
4. The Punjab Municipal Corporation (Third
Amendment) Act, 2016.
(Punjab Act No. 39 of 2016) .. 135-136
5. The Punjab Municipal (Second Amendment)
Act, 2016.
(Punjab Act No. 40 of 2016) .. 137-138
6. The Punjab Agricultural Produce Markets
(Second Amendment) Act, 2016.
(Punjab Act No. 41 of 2016) .. 139-140
( cxvii)
cxviii PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016
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7. The Amritsar Culture and Tourism
Development Authority Act, 2016.
(Punjab Act No. 42 of 2016) .. 141-145
8. The Sri Guru Ram Das University of Health
Sciences Act, 2016.
(Punjab Act No. 43 of 2016) .. 147-165
9. The Khalsa University Act, 2016.
(Punjab Act No. 44 of 2016) .. 167-184
Part - II Ordinances
Nil
Part - III Delegated Legislation
Nil
Part - IV Correction Slips, Republications and
Replacements
Nil
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016 127
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PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 17th November, 2016
No. 43-Leg./2016.-The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 1st day of
November, 2016, is hereby published for general information:-
THE PUNJAB KHADI AND VILLAGE INDUSTRIES BOARD
(AMENDMENT) ACT, 2016.
(Punjab Act No. 36 of 2016)
AN
ACT
further to amend the Punjab Khadi and Village Industries Board
Act, 1955.
BE it enacted by the Legislature of the State of Punjab in the Sixty-
seventh Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Khadi and Village Industries Short title and
Board (Amendment) Act, 2016. 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 Khadi and Village Industries Board Act, 1955 Amendment of
(hereinafter referred to as the principal Act) in section 4,- section 4 of
Punjab Act 40 of
(i) in sub-section (1) and in the proviso thereto, for the word 1956.
"Chairman" wherever occurring , the words and sign
"Chairman, Senior Vice-Chairman" shall be substituted; and
(ii) in sub-section (2), for the word "Chairman", the words and
signs "Chairman, Senior Vice-Chairman, Vice-Chairman" shall
be substituted.
3. In the principal Act, in section 5-A and in margin thereto, for the Amendment of
word "Chairman", wherever occurring, the words and sign "Chairman, Senior section 5-A of
Punjab Act 40 of
Vice-Chairman" shall be substituted. 1956.
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4. In the principal Act, in section 14-A, in sub-section (2), for the Amendment of
word and sign "Vice-Chairman", the words and signs "Senior Vice-Chairman, section 14-A of
Punjab Act 40 of
Vice-Chairman" shall be substituted. 1956.
VIVEK PURI,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
ACT
further to amend the Punjab State Commission for Minorities Act, 2012.
BE it enacted by the Legislature of the State of Punjab in the Sixty-
seventh Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab State Commission for Short title and
Minorities (Amendment) Act, 2016. 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 State Commission for Minorities Act, 2012 (hereinafter Amendment in
referred to as the principal Act), in section 2, for clause (g), the following section 2 of
Punjab Act 13 of
clause shall be substituted, namely:- 2013.
"(g) "Senior Vice-Chairperson and Vice-Chairperson" means the Senior
Vice-Chairperson and Vice-Chairperson of the Commission.".
3. In the principal Act, in section 3, in sub-section (2), in clause (aa), Amendment in
for the words "a Vice-Chairperson,", the words "a Senior Vice-Chairperson section 3 of
Punjab Act 13 of
and a Vice-Chairperson" shall be substituted. 2013.
4. In the principal Act, in section 5,- Amendment in
section 5 of
(i) in the margin, for the words and sign "Chairperson, Vice-Chairperson",
Punjab Act 13 of
the words and sign "Chairperson, Senior Vice-Chairperson, Vice- 2013.
Chairperson" shall be substituted;
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016 130
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(ii) in sub-section (1), for the word and sign "Chairperson , Vice-
Chairperson", the words and sign "Chairperson, Senior Vice-
Chairperson , Vice-Chairperson" shall be substituted; and
(iii) in sub-section (2), for the words "Chairperson or Vice-Chairperson",
the words and sign "Chairperson or the Senior Vice-Chairperson or
the Vice-Chairperson" shall be substituted.
5. In the principal Act, in section 6,- Amendment in
section 6 of
(i) in the margin, for the words "Chairperson or Vice-Chairperson", Punjab Act 13 of
the words and sign "Chairperson or Senior Vice-Chairperson or Vice- 2013.
Chairperson" shall be substituted;
(ii) in sub-section (1), for the words "Chairperson or Vice-Chairperson",
wherever occurring, the words "Chairperson or Senior Vice-Chairperson
or Vice-Chairperson" shall be substituted; and
(iii) in sub-section (2), for the words "Chairperson or Vice-Chairperson",
the words "Chairperson or the Senior Vice-Chairperson or the Vice-
Chairperson" shall be substituted.
6. In the principal Act, in section 7 and in the margin for the words Amendment in
and sign "Chairperson, Vice-Chairperson", wherever occurring, the words and section 7 of
Punjab Act 13 of
sign "Chairperson, Senior Vice-Chairperson, Vice-Chairperson" shall be 2013.
substituted.
7. In the principal Act, in section 10, for the word and sign "Chairperson, Amendment in
Vice-Chairperson", the words and sign "Chairperson, the Senior Vice- section 10 of
Punjab Act 13 of
Chairperson, the Vice-Chairperson" shall be substituted. 2013.
8. In the principal Act, in section 12, for the words "Chairperson or Amendment in
Vice-Chairperson", the words "Chairperson or Senior Vice-Chairperson or section 12 of
Punjab Act 13 of
Vice-Chairperson" shall be substituted. 2013.
9. In the principal Act, in section 13, for sub-section (2), the following Amendment in
shall be substituted, namely:- section 13 of
Punjab Act 13 of
"(2) The Chairperson shall preside over the meeting of the 2013.
Commission. In the absence of the Chairperson, the Senior
Vice-Chairperson and in the absence of Senior Vice-
Chairperson, the Vice-Chairperson shall preside over the
meeting of the Commission.".
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016 131
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10. In the principal Act, in section 24 and in the margin, for the words Amendment in
and sign "Chairperson, Vice-Chairperson", the words and sign "Chairperson, section 24 of
Punjab Act 13 of
Senior Vice-Chairperson, Vice-Chairperson" shall be substituted. 2013.
11. In the principal Act, in section 25, for the words and sign Amendment in
"Chairperson, Vice-Chairperson", the words and sign "Chairperson, Senior Vice- section 25 of
Punjab Act 13 of
Chairperson, Vice-Chairperson" shall be substituted. 2013.
12. In the principal Act, in section 27, in sub-section (2), in clause (a), Amendment in
for the word and sign "Chairperson, Vice-Chairperson", the words and sign section 27 of
Punjab Act 13 of
"Chairperson, Senior Vice-Chairperson, Vice-Chairperson" shall be substituted. 2013.
VIVEK PURI,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
ACT
further to amend the Punjab Municipal Corporation Act, 1976.
BE it enacted by the Legislature of the State of Punjab in the Sixty-
seventh Year of the Republic of India as follows: -
1. (1) This Act may be called the Punjab Municipal Corporation Short title and
(Second Amendment) Act, 2016. 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 Municipal Corporation Act, 1976, in section 47, for Amendment in
sub-section (1), the following sub-section shall be substituted, namely:- section 47 of
Punjab Act 42 of
"(1) The Government shall, by notification in the Official Gazette, appoint 1976.
a Group 'A' officer of the Government as the Commissioner of the
Corporation.".
VIVEK PURI,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In the Punjab Municipal Corporation Act, 1976, after section 172, Insertion of
the following section shall be inserted, namely:- section 172-A in
the Punjab Act 42
"172-A. Notwithstanding anything contained in this Act, the State of 1976.
One time Government shall be competent to frame an
Scheme. appropriate scheme, as a one time measure, with
respect to the properties of a Corporation on the matters relating to,-
(i) lease of the movable/immovable properties/assets for the better
utilization and management thereof;
(ii) creation of additional assets and/or protect the property and /or to
make additions or improvements thereon;
(iii) disposal of assets/properties belonging to a Corporation, including
the determination of the price thereof for revenue generation and
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016 136
(KRTK 26, 1938 SAKA)
to build up cash reserve for proper development of the Corporation;
(iv) imposing such other conditions or regulations, as the State
Government may deem fit and proper and for the better utilization
of the assets/properties of the Corporation; and
(v) carry out such other necessary schemes and guidelines, as the State
Government may deem fit in the larger public interest and social
well being.
VIVEK PURI,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
VIVEK PURI,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In the Punjab Agricultural Produce Markets Act, 1961 (hereinafter Amendment in
referred to as the principal Act), in section 3,- section 3 of
Punjab Act 23 of
(a) in sub-section (1),- 1961.
VIVEK PURI,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In this Act, unless the context otherwise requires,- Definitions.
(a) "Authority" means the Amritsar Culture and Tourism Development
Authority;
(b) "Executive Committee" means the Executive Committee constituted
under section 5;
(c) "Fund" means the fund of the Authority;
(d) "Government" means the Government of the State of Punjab in the
Department of Tourism and Cultural Affairs;
142 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016
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(e) "prescribed" means prescribed by the rules made under this Act;
(f) "regulations" means regulations made by the Authority under this
Act;
(g) "specified areas" means areas specified under section 3; and
(h) "Tourism Police" means the Tourism Police referred in section 6.
Applicability. 3. (1) This Act shall apply within the radius of 500 meters to 750
meters, as may be specified by the Authority with regard to the following
heritage, tourism and cultural sites in Amritsar, namely:-
(i) Sri Golden Temple;
(ii) Sri Durgiana Mandir;
(iii) Ram Tirath Mandir;
(iv) Gobindgarh Fort;
(v) Town Hall;
(vi) Panorama; and
(vii) Urban Haat.
(2) It shall also apply to the following, namely:-
(i) Facades of all buildings; and
(ii) Roads, Round-abouts and Street Furniture (Town Hall to
Golden Temple and Exit).
(3) It shall also apply to the following services, namely:-
(i) Hop on Hop off Bus Service; and
(ii) Amphibious Bus Service.
(4) The Government may by notification, from time to time, include
any other site/services/structures.
Constitution of 4. (1) There shall be an Authority to be called the Amritsar Culture
Authority. and Tourism Development Authority for carrying out the purposes of this Act.
The Authority shall be competent to undertake works in the specified areas.
(2) The Authority shall consist of,-
(a) Chief Minister, Punjab; : Chairman
(b) Deputy Chief Minister, Punjab; : Co -Chairman
(c) Minister, Tourism and Cultural Affairs, : Member
Punjab
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016 143
(KRTK 26, 1938 SAKA)
(d) Minister, Local Government, Punjab; : Member
(e) Chief Secretary to Government, Punjab; : Member
(f) Additional Chief Secretary/ Principal : Member
Secretary to Government of Punjab,
Department of Finance;
(g) Additional Chief Secretary/ Principal : Member
Secretary to Government of Punjab,
Department of Local Government;
(h) Principal Secretary to Chief Minister, : Member
Punjab;
(i) Principal Secretary to Government of : Member
Punjab, Department of Tourism and
Cultural Affairs;
(j) Principal Secretary to : Member
Deputy Chief Minister, Punjab;
(k) Secretary, Public Relations, Punjab; : Member
(l) Technical Advisor to Chief Minister, : Member
Punjab; and
(m) Director, Tourism and Cultural Affairs. : Member-
Secretary
(3) Notwithstanding anything contained in this Act, the Authority shall
not interfere in any manner with the powers and functions of other local
authorities in the matters such as levying of taxes, cess etc.
(4) The Government may by notification induct or remove or nominate
any other member in the Authority by assigning the reason thereof.
5. There shall be an Executive Committee to discharge day to day The Executive
Committee.
work of the Authority. The Executive Committee shall consist of,-
(i) Deputy Commissioner, Amritsar; : Chief Executive
Officer
(ii) Deputy Commissioner of Police concerned;: Member
(iii) Director Tourism and Cultural Affairs, : Member
Punjab; and
(iv) Commissioner, Municipal Corporation, : Member -
Amritsar. Secretary
144 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016
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Tourism Police. 6. There shall be a Tourism Police, to be provided by the Department
of Home Affairs, for providing safety, security and render assistance to the
tourists visiting the specified areas.
Responsibility of 7. The Authority shall be responsible for,-
the Authority.
(i) Planning, coordination and implementation of all activities,
events, virtual reality shows, live performances etc., projects
and other matters incidental therewith for management,
maintenance, marketing and operation of the specified areas;
(ii) Operation and maintenance of sanitation work in the specified
areas;
(iii) Operation and maintenance of façade of buildings near Golden
Temple and regulatory control of facades in the specified
areas;
(iv) Operation and maintenance of lighting in the specified areas;
(v) Operation and maintenance of overall infrastructure in the
specified areas;
(vi) Upkeep and maintenance of all civic facilities in the specified
areas;
(vii) Undertaking overall comprehensive development, including
holding of conferences and seminars and all functions, as may
be necessary to promote tourism and increase tourist footfall;
(viii) Enter into an agreement with any individual, NGO, Agency or
body, as may be necessary for the discharge of its functions
after following the due process, as may be specified by the
Government from time to time; and
(ix) Any other activity as the Authority may decide to take up
from time to time in the interest of promotion of tourism.
Fund for the 8. To carry out the activities of the Authority, the fund would be
Authority.
provided by the State Government out of the cess collected under the Excise
Policy of the State Government or any other source, as may be prescribed.
Officers and 9. The Authority may, with the approval of the Government, create
employees of the
such posts and appoint such officers and other employees, as it may consider
Authority.
necessary for the efficient discharge of its functions.
Offences and 10. Any person who destroys, defaces, removes, injures, litters, or
penalities.
imperils the specified areas shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016 145
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may extend to five thousand rupees, or with both:
Provided that the offences under the Punjab Municipal Corporation Act,
1976 and the Ancient, Monuments Preservation Act, 1904 or any other Act, as
may be applicable to the specified areas, shall be dealt with under the respective
Acts.
11. (1) The Government may, by notification, make rules for carrying Power to make
out the purposes of this Act. rules.
(2) 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 more successive sessions and if, before the expiry of the session in which it
is so laid or the successive sessions as 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, however, any such modification or annulment
shall be without prejudice to the validity of anything previously done or omitted
to be done under that rule.
12. The Authority may, with the previous approval of the Government, Power to make
make regulations not inconsistent with the provisions of this Act and rules regulations.
made thereunder, for carrying out the purposes of this Act.
VIVEK PURI,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
The Vice- 10. (1) The Vice-Chancellor shall be appointed by the Chancellor from
Chancellor.
amongst the panel of three persons recommended by the Governing Body.
(2) No person shall be appointed as Vice-Chancellor, unless he
possesses such qualifications as are specified by the MCI, INC and any other
regulatory bodies concerning medical education.
(3) The Vice-Chancellor shall be the overall in-charge of the
University, who shall exercise general superintendence and control in the affairs
of the University and shall execute the decisions of various authorities of the
University.
(4) In case of the absence of the Visitor and the Chancellor, the
Vice-Chancellor shall preside over convocation of the University.
(5) The Vice-Chancellor shall exercise such powers and perform
such functions, as may be prescribed.
The Registrar. 11. (1) The Registrar shall be appointed by the Chancellor from
amongst the panel of three persons recommended by the Governing Body.
(2) No person shall be appointed as Registrar, unless he possesses
such qualifications as are specified by the MCI, INC and any other regulatory
bodies concerning medical education.
(3) The Registrar shall sign all contracts and authenticate all
documents or records for and on behalf of the University.
(4) The Registrar shall be the Member-Secretary of the Governing
Body, the Board of Management and the Academic Council but he shall not
have the right to vote.
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016 155
(KRTK 26, 1938 SAKA)
(5) The Registrar shall exercise such other powers and perform
such other functions, as may be prescribed.
12. (1) The Chief Finance and Accounts Officer shall be appointed The Chief
by the Chancellor in such manner, as may be prescribed. Finance and
Accounts Officer.
(2) No person shall be qualified to be appointed as Chief Finance
and Accounts Officer, unless he has passed the Chartered Accountancy Test
conducted by the Institute of Chartered Accountants of India.
(3) The Chief Finance and Accounts Officer shall exercise such
powers and perform such functions, as may be prescribed.
13. (1) The University may appoint such other officers, as it may Other Officers.
deem necessary for its smooth 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.
14. The following shall be the authorities of the University, namely,- Authorities of the
University.
(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.
15. (1) The Governing Body of the University shall consist of the The Governing
following persons, namely :- Body.
basis of merit.
26. (1) The Governing Body may, from time to time, make statutes Power to make
or may amend or repeal the same. statues.
Transitory 38. Notwithstanding anything contained in this Act and the statutes,
provisions. ordinances or regulations made thereunder, the Trust may, subject to the
availability of the funds, discharge all or any of the functions of the University
for the purposes of carrying out the provisions of this Act or the statutes,
ordinances and regulations and for that purpose, may exercise such powers
and perform such duties, which by this Act or by such statutes, ordinances
and regulations, are to be exercised or performed by any authority or officer
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016 165
(KRTK 26, 1938 SAKA)
of the University, until such authority comes into existence or officer is
appointed.
39. (1) The Sri Guru Ram Das University of Health Sciences Ordinance, Repeal and
2016 (Punjab Ordinance No. 7 of 2016), is hereby replead. savings.
VIVEK PURI,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
(2) The 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
the following matters, namely:-
(i) the constitution, powers and functions of the authorities and
other bodies of the University, as may be constituted from
time to time;
(ii) the terms and conditions of appointment of the Vice-
Chancellor and his powers and functions;
(iii) the manner, terms and conditions of appointment of the
Registrar and Chief Finance and Accounts Officer and their
powers and functions;
(iv) the manner, terms and conditions of appointment of other
officers and teachers and their powers and functions;
(v) the terms and conditions of service of the employees of the
University;
(vi) the procedure for arbitration in case of dispute between
University, officers, teachers, employees and students;
180 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016
(KRTK 26, 1938 SAKA)
(vii) the conferment of honorary degrees;
(viii) the exemption of students from payment of tuition fee and for
awarding them scholarships and fellowships;
(ix) the policy of admissions, including regulation of reservation of
seats;
(x) the number of seats in different courses; and
(xi) any other matter for which statutes are required to be made
under this Act.
(4) After the approval of the Chancellor, the statutes of the University
shall be submitted to the State Government for its approval.
(5) The State Government shall consider the statutes submitted by the
University and shall give its approval 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,
communicate its concurrence 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 thereof.
(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 made, shall not be amended without the approval
of the State Government.
Power to make 27. (1) The Governing Body may, from time to time, make ordinances
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:-
(i) the admission of students to the University and their enrolment
as such;
(ii) the courses of study to be laid down for the degrees, diplomas
and certificates of the University;
(iii) the degrees, diplomas, certificates and other academic
distinctions;
(iv) the fees to be charged for various courses, examinations,
degrees and diplomas of the University;
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 17, 2016 181
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(v) the conditions for the award of fellowships, scholarships,
studentships, medals and prizes;
(vi) the conduct of examinations, including the terms of office,
manner of appointment and the duties of the examining bodies,
examiners and moderators;
(vii) the conditions of hostel facilities for students in the University;
(viii) taking disciplinary action against the students of the University;
(ix) the creation, composition and functions of any other body,
which is considered necessary for improving the academic
standard of the University;
(x) the manner of co-operation and collaboration with Universities
and institutions; and
(xi) any other matter which by this Act or the statutes made there
under are 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 without or with such modifications, if
any, as it may deem necessary and return the same to the University.
(6) The University shall, with the approval of the Governing Body,
communicate its concurrence 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 thereof.
(7) After the ordinances are finally approved by the State Government,
these shall be published in the Official Gazette of the University.
(8) The ordinances so made, shall not be amended without the approval
of the State Government.
28. (1) The Governing Body may, from time to time, make regulations Power to make
or may amend or repeal the same. regulations.
VIVEK PURI,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.