Bill Summary

The Punjab Affiliated Colleges (Security of Service) Amendment Bill, 2023 

• The Punjab Affiliated Colleges (Security of Service) Amendment Bill, 2023, was introduced in the Punjab Legislative Assembly on June 28, 2023.  The Bill amends the Punjab Affiliated Colleges (Security of Service) Act, 1974.  The Act seeks to provide security of service to the employees of privately managed affiliated colleges in the state.

• Vacancies in the Tribunal:  The Act establishes the Educational Tribunal in Punjab, which has jurisdiction over the disputes between the employees and management of privately managed affiliated colleges.  The Tribunal consist of a Chairperson and two members, with the Chairperson being a former High Court judge.  If the Chairperson’s position becomes vacant, the Tribunal's proceedings will resume only after the vacancy is filled.

• The Bill adds that a quorum of the Tribunal will be the Chairperson and at least one member, or in the case of a Chairperson’s vacancy, two members.  If the Chairperson’s post is vacant, the member who has previously served as at least Principal Secretary in the Government of Punjab, will act as the Chair.  It further adds that the Tribunal’s proceedings will remain valid despite the vacancy of the Chairperson or the member.

• Benches of the Tribunal: The Bill provides that the Chairperson may constitute Double Benches consisting of: (i) the Chairperson and one member, or (ii) two members.  Single Benches will consist of either the Chairperson or one member.  The Chairperson may assign, reassign, or transfer between Benches.  If cases are transferred between benches, the proceedings will continue from the stage they are received.

• Application for due amount:  The Bill allows for an application to the Tribunal if a due amount under an order made by the Tribunal is not paid.  If the person from whom the amount is due fails to make the payment within three months, the Tribunal may direct the bank to deposit the due amount from the other party’s account.  If this is not practicable or convenient, the Tribunal may issue a certificate for the amount to the District Collector.  The Collector will recover the amount as arrears of land revenue.

• Powers to punish:   The Bill adds that the Educational Tribunal will have the same jurisdiction, powers and authority in respect of contempt of itself as a High Court.