ORDINANCE CXX OF 2002
An Ordinance to constitute and
restructure Universities set up by the Federal Government
[Gazette of Pakistan
F.No.2(I)/2002-Pub, dated 13-11-2002.--The following Ordinance promulgated by the President is
hereby published for general information:---
WHEREAS it is
expedient to provide for the constitution and the restructuring of universities
set up by the Federal Government in order to provide autonomy while improving
governance and management so as to enhance the quality of higher education in
the country;
AND WHEREAS
the President is satisfied that circumstances exist which render it necessary
to take immediate action;
NOW, THEREFORE,
in pursuance of Proclamation of Emergency of the fourteenth day of October,
1999, and the Provisional Constitution Order No. I of 1999, read with the
Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of
all powers enabling him in that behalf, the President of the Islamic Republic
of Pakistan is pleased to make and promulgate the following Ordinance:---
CHAPTER I
PRELIMINARY
1. Short title, application and commencement.------(1) This Ordinance may be called the Federal Universities
Ordinance, 2002.
(2) The provisions of this Ordinance shall come into force
with respect to the universities listed in the Schedule to the Ordinance on
such dates as gay be specified by the Government through notifications in the
official Gazette as the dates of repeal of the Act or Ordinance or other
legislative instrument constituting each of the universities specified in the
Schedule.
(3) The Government may though notification in the official.
Gazette make additions to the list of universities placed in the Schedule.
(4) This Ordinance shall apply to all universities set up by
the Government after the promulgation date hereof through a notification in the
official Gazette in terms of this Ordinance.
2. Definitions.----In
this Ordinance unless there is anything repugnant in the subject or context,---
(a) “Academic Council” means the Academic Council of the
University;
(b) “affiliated college” means an educational institution
affiliated to the University but not maintained or administered by it;
(c) “Authority” means any of the Authorities of the
University specified or set up in terms of section 15;
(d) “Chancellor” means the Chancellor of the University;
(e) “college” means a constituent college or an affiliated
college;
(f) “Commission” means the Higher Education Commission set
up by the Higher Education Commission Ordinance, 2002 (LIII of 2002);
(g) “constituent college” means an educational institution,
by whatever name described, maintained and administered by the University;
(h) “Dean” means the head of a Faculty or the head of an
academic body granted the status of a Faculty by this Ordinance or by the
Statutes or Regulations;
(i) “department” means a teaching department maintained and
administered, or recognized by the University in the manner prescribed;
(j) “Director” means the head of an institute established as
a constituent institution by the University by Statutes or Regulations in terms
of the powers delegated by this Ordinance;
(k) “Faculty” means an administrative and academic unit of
the University consisting of one or more departments, as prescribed;
(l) “Government” means the Federal Government;
(m) “prescribed” means prescribed by Statutes, Regulations
or Rules and made under the Ordinance;
(n) “Principal” means the head of a College;
(o) “Representation Committees” means the Representation
Committees constituted under section 23;
(p) “Review Panel” means the Review Panel set up by the
Chancellor in accordance with the provisions of section 8;
(q) “Schedule” means a Schedule to the Ordinance;
(r) “Search Committee” means the Search Committee set up by
the Senate under section 11;
(s) “Senate” means the Senate of the University;
(t) “Statutes”, “Regulations” and “Rules” mean respectively
the Statutes, the Regulations and the Rules made under this Ordinance and for
the time being in force;
(u) “Syndicate” means the Syndicate of the University;
(v) “teachers” include Professors, Associate Professors,
Assistant Professors and Lecturers engaged whole-time by the University or by a
constituent or affiliated college and such other persons as may be declared to
be teachers by Regulations;
(w) “University” means any of the degree-awarding
institutions listed in the Schedule to which this Ordinance has been made
applicable through notification in the official Gazette or any degree-awarding
institution set up by the Federal, Government after the promulgation date
hereof;
(x) “University Teacher” means a whole-time teacher
appointed and paid by the University, or recognized by the University as such;
and
(y) “Vice-Chancellor” means the Vice-Chancellor of the
University.
CHAPTER II
THE UNIVERSITY
3. Incorporation.------(1)
The universities listed in ,the Schedule shall, from the dates of publication
in the official Gazette of notifications in this, behalf, stand reconstituted in
accordance with the provisions of the Ordinance.
(2) The Government “may set up such universities as are
considered ‘appropriate through notification in the official Gazette and the
provisions of the Ordinance shall apply to each University set up after the
promulgation date hereof.
(3) The University shall consist of the following,
namely:---
(a) the Chancellor, the members of the . Senate and the
Vice-Chancellor;
(b) the members of the authorities of the University
established under section 15;
(c) all University teachers and persons recognized as
students of the University in accordance with terms prescribed from to time;
and
(d) all other full-time officers and members of the staff of
the University.
(4) The University shall be a body corporate by such name as
may be notified and shall have perpetual succession and a common seal, and may
sue and be sued by the said name:---
Provided that universities set up prior to the commencement
date shall continue to be described by the existing names unless changed in
accordance with any law for the time being in force.
(5) The University shall be competent to acquire and hold
property, both movable and immovable, and to lease, sell or otherwise transfer
any movable and immovable property which may have become vested in or been
acquired by it.
(6) Notwithstanding anything contained in any other law for
the time being in force, the University shall have academic, financial and
administrative autonomy, including the power to employ officers, teachers and
other employees on such terms as may be prescribed, subject to the terms of
this Ordinance and the Higher Education Commission Ordinance, 2002 (LIII of
2002). In particular, and without prejudice to the authority granted to the
Commission by the law, the Government or an authority or auditor appointed by
the Government shall have no power to question the policy underlying the
allocation of resources approved by the Senate in the annual budget of the
University.
(7) All properties, rights and interests of whatever kind,
used, enjoyed, possessed, owned or vested in, or held in trust by or for any of
the universities listed in the Schedule and liabilities legally subsisting
against such universities shall pass to the University reconstituted under the
Ordinance.
4. Powers and Purposes of the University.------The University shall have the following powers, namely:---
(vii) to provide for education and scholarship in such
branches of knowledge as it may deem fit, and to make provision for research,
service to society and for the application, advancement and dissemination of
knowledge in such manner as it may determine;
(viii) to prescribe courses of studies to be conducted by it
and the colleges;
(ix) to hold examinations and to award and confer degrees,
diplomas, certificates and other academic distinctions to and on persons who
have been admitted to and have passed its examinations under prescribed
conditions;
(x) to prescribe the terms and conditions of employment of
the officers, teachers and other employees of the University and to lay down
terms and conditions that may be different from those applicable to government
servants in general;
(xi) to engage, where necessary, persons on contracts of
specified duration and to specify the terms of each engagement;
(xii) to confer honorary degrees or other distinctions on
approved persons in the manner prescribed;
(xiii) to provide for such instruction for persons not being
students of the University as it may prescribe, and to grant certificates and
diplomas to such persons;
(xiv) to institute programmes for the exchange of students
and teachers between the University and other universities, educational
institutions and research organisations, inside as well as outside Pakistan
(xv) to provide career counselling and job search services
to students and alumni;
(xvi) to maintain linkages with alumni;
(xvii) to develop and implement fund-raising plans;
(xviii) to provide and support the academic development of
the faculty of the University;
(xix) to confer degrees on persons who have carried on
independent research under prescribed conditions;
(xx) to affiliate and disaffiliate educational institutions
under prescribed conditions;
(xxi) to inspect colleges and other educational institutions
affiliated or seeking affiliation with it;
(xxii) to accept the examinations passed and the period of
study spent by students of the University at other universities and places of
learning equivalent to such examinations and periods of study in the
University, as it may prescribe, and to withdraw such acceptance;
(xxiii) to co-operate with other Universities, public
authorities or private organisations, inside as well as outside Pakistan
(xxiv) to institute Professorships, Associate Professorships,
Assistant Professorships and Lectureships and any other posts and to appoint
persons thereto;
(xxv) to create posts for research, extension,
administration and other related purposes and to appoint persons thereto;
(xxvi) to recognize selected members of the teaching staff
of affiliated colleges or educational institutions admitted to the privileges
of the University or such other persons as it may deem fit, as University
teachers;
(xxvii) to institute and award financial assistance to
students in need, fellowships, scholarships, bursaries, medals and prizes under
prescribed conditions;
(xxviii) to establish teaching departments, schools,
colleges, faculties, institutes, Museums and other centres of learning for the
development of teaching and research and to make such arrangements for their
maintenance, management and administration as it may prescribe;
(xxix) to provide for the residence of the students of the
University and the colleges, to institute and maintain halls of residence and
to approve or license hostels and lodging;
(xxx) to maintain order, discipline and security on the
campuses of the University and the colleges;
(kxxi) to promote the extra curricular and recreational
activities of such students, and to make arrangements for promoting their
health and general welfare;
(xxxii) to demand and receive such fees and other charges as
it may determine;
(xxxiii) to make provision for research, advisory or
consultancy services and with these objects to enter into arrangements with
other institutions, public or private bodies, commercial and industrial
enterprises under prescribed conditions;
(xxxiv) to enter into, carry out, vary or cancel contracts;
(xxxv) to receive and manage property transferred and
grants, contributions made to the University and to invest any fund
representing such property, grants, bequests, trusts, gifts, donations,
endowments or contributions in such manner as it may deem fit;
(xxxvi) to provide for the printing and publication of
research and other works; and
(xxxvii) to do all such other acts and things, whether
incidental to the powers aforesaid or not, as may be requisite or expedient in
order to further the objectives of the University as a place of education,
learning, and research.
5. University open to all classes, creeds, etc.-----(1) Except where the University has been declared by
notification in the official Gazette to be open only to persons of a specified
gender, the University shall be open to all persons of either gender and of
whatever religion, race, creed, class, colour or domicile and no person shall
be denied the privileges of the University on the grounds of religion, race,
caste, creed, class, colour or domicile.
(2) An increase in any fee or charge that is in excess of
ten percent per annum on an annualised basis from the last such increase may
not be made except in special circumstances, and only with the approval of the
Chancellor.
(3) The University shall institute financial aid programmes
for students in need, to the extent considered feasible by the Senate given the
resources available, so as to enable admission and access to the University and
the various opportunities provided by it to be based on merit rather than
ability to pay:---
Provided that the University may institute self-finance
schemes covering more than ten percent of the total number of candidates in any
campus taught course or research-based programme of study.
6. Teaching at the University.----- (1) All recognized teaching in various courses shall be
conducted by the University or the colleges in the prescribed manner and may
include lectures, tutorials, discussions, seminars demonstrations distance
learning and other methods of instruction as well as practical work in the
laboratories hospitals workshops and other governmental or private
organizations.
(2) The authority responsible for organizing recognized
teaching shall be such as may be prescribed.
CHAPTER III
OFFICERS OF THE UNIVERSITY
7. Principal Officers.-----The following shall be the principal officers of the
University, namely:---
(a) the Chancellor;
(b) the Vice-chancellor;
(c) the Deans;
(d) tile Principals of the constituent colleges;
(e) the Chairpersons of the teaching departments;
(f) the Registrar;
(g) the Treasurer;
(h) the Controller of Examinations; and
(i) such other persons as may be prescribed by the Statutes
or Regulations to be the principal officers of tile University.
8. Chancellor:------ (1)
The President of Pakistan
Provided that the notification setting up a university in
terms of the Ordinance or repealing the Act, Ordinance or other legislative
instrument constituting a university listed in the Schedule may provide for any
person other than the President of Pakistan to be the Chancellor of the
University.
(2) The Chancellor shall, when present, preside at the
meetings of the Senate and the Convocation of the University. In the absence of
the Chancellor the Senate may request a person of eminence to preside over the
Convocation of the University.
(3) The members of the Senate as well as the Vice-Chancellor
shall be appointed by the Chancellor from amongst the persons recommended by
the Representation Committee set up for this purpose or the Search Committee
established in accordance with the Ordinance and the Statutes, as the case may
be, along with those elected.
(4) Every proposal to confer an honorary degree shall be
subject to confirmation by the Chancellor.
(5) If the Chancellor is satisfied that serious irregularity
or mismanagement with respect to the affairs of the University has occurred, he
may,---
(a) as regards proceedings of the Senate, direct that
specified proceedings be reconsidered and appropriate action taken within one
month of the direction having been issued:---
Provided that if the Chancellor is satisfied that either no
reconsideration has been carried out or that the reconsideration has failed to
address the concern expressed he may, after calling upon the Senate to show
cause in writing, appoint a five member Review Panel to examine and report to
the Chancellor on the functioning of the Senate. The report of the Review Panel
shall be submitted within such time as may be prescribed by the Chancellor. The
Review Parcel shall be drawn from persons of eminence in academics and in the
fields of law, accountancy and administration, and
(b) as regards proceedings of any Authority or with respect
to matters .within the competence of any Authority other than the Senate,
direct the Senate to exercise powers under section 19.
9. Removal from the Senate.---(1) The Chancellor may, upon the recommendation of the
Review Panel, remove any person from the membership of the Senate on the ground
that such person:---
(a) has become of unsound mind; or
(b) has become incapacitated to function as member of the
Senate; or
(c) has been convicted by a court of law for an offence
involving moral turpitude; or
(d) has absented himself from two consecutive meetings
without just cause or
(e) has been guilty of ‘misconduct, including use of position
for personal advantage, of any kind, or gross inefficiency in the performance
of functions.
(2) The Chancellor shall remove any person from the
membership of the Senate on a resolution calling for the removal of such person
supported by at least three-fourths of the membership of the Senate:---
Provided that before passing such resolution the Senate
shall provide the member concerned a fair hearing:---
Provided further that the provisions of this section shall
not be applicable to the Vice-Chancellor in his capacity as a member of the
Senate.
10. Vice-Chancellor.-----(1)
There shall be a Vice-Chancellor of the University who shall be an eminent
academic or a distinguished administrator and shall be appointed on such terms
and conditions as may be prescribed.
(2) The Vice-Chancellor shall be the chief executive officer
of the University responsible for all administrative and academic functions of
the University and for ensuring that the provisions of the Ordinance, Statutes.
Regulations arid Rules are faithfully observed in order to promote the general
efficiency and good order of the University. The Vice-Chancellor shall have all
powers prescribed for this purpose, including administrative control over the
officers, teachers and other employees of the University.
(3) The Vice-Chancellor shall, if present, be entitled to
attend any meeting of any. Authority or body of the University.
(4) The Vice-Chancellor may, in an emergency that in his
opinion requires immediate action ordinarily not in the competence of the
Vice-Chancellor, take such action and forward, within seventy-two hours, a
report of the action taken to the members of the Emergency Committee of the
Senate, to be set up by Statute. The Emergency .Committee may direct such
further action as is considered appropriate.
(5) The Vice-Chancellor shall also have the following
powers, namely:---
(a) to direct teachers, officers and other employees of the
University to take up such assignments in connection with examination
administration and such other activities in the University as he may consider
necessary for the purposes of the University;
(b) to sanction by re-appropriation an amount not exceeding an amount prescribed by the Senate for vi unforeseen item not provided for in the budget and report it to the Senate at the next meeting;
(b) to sanction by re-appropriation an amount not exceeding an amount prescribed by the Senate for vi unforeseen item not provided for in the budget and report it to the Senate at the next meeting;
(c) to make appointments of such categories of employees of
the University and in such mariner as ‘may be prescribed by the Statutes;
(d) to suspend, punish and remove, in accordance with
prescribed procedure, from service officers, teachers and other employees of
the University except those appointed by or with the approval of tile Senate;
(e) to delegate, subject to such conditions as may be
prescribed, any of his powers-under this Ordinance to an officer or officers of
the University; and
(f) to exercise and perform such other powers and functions
as may be prescribed.
(3) The Vice-Chancellor shall preside at the convocation of
the University in the absence of the Chancellor.
(4) The Vice-Chancellor shall present an annual report
before the Senate within three months of the close of tile academic year. The
annual report shall present such information as regards the academic year under
review as may be prescribed, including disclosure of all relevant facts
pertaining to,---
(a) academics;
(b) research;
(c) administration; and
(d) finances.
(8) The Vice-Chancellor’s annual report shall be made
available, prior to its presentation before the Senate, to all officers and
University teachers and shall be published in such numbers as are required to
ensure its wide circulation.
11. Appointment and Removal of the Vice-Chancellor.---(1) The Vice-Chancellor shall be appointed by the Chancellor
on the basis of recommendations made by tile Senate.
(2) A Search Committee for the recommendation of-persons
suitable for appointment as Vice-Chancellor shall be constituted by the Senate
on the date, and in the manner prescribed by the Statutes and shall consist of
two eminent members of society nominated by the Chancellor of whom one shall be
appointed the Convenor, two members of the Senate, two distinguished University
Teachers who are not members of fire Senate and one academic of eminence not
employed by the University: The two distinguished University Teachers shall be
selected by tile Smite through a process, to be prescribed by statute, that
provides for the, recommendation of suitable names by the University Teachers
in general. The Search Committee shall remain in existence till such lime that
the appointment of the next Vice-Chancellor has been made by the Chancellor.
(3) The persons. proposed by the Search Committee for
appointment as Vice-Chancellor shall be considered by the Senate and of these a
panel of three in order of priority shall be recommended by the Senate to the
Chancellor,---
Provided that the Chancellor may decline to appoint any of
tile three persons recommended arid seek recommendation of a fresh panel. In
the event of a fresh recommendation being” sought by the Chancellor the Search
Committee shall make a proposal ‘to the, Senate in the prescribed manner.
(4) The Vice-Chancellor shall be appointed for a. renewable
tenure of five years on terms and Conditions prescribed by Statute. The tenure
of an incumbent Vice-Chancellor shall, be renewed by the Chancellor on receipt
of a resolution of, the Senate in support of such renewal:---
Provided that the Chancellor may-call upon the Senate to
reconsider such resolution once.
(5) The Senate may, pursuant to a resolution in this behalf
passed by three fourths pr its membership, recommend to the Chancellor the
removal of the Vice-Chancellor on the ground of inefficiency moral turpitude or
physical or mental incapacity or gross misconduct. Including misuse of position
for personal advantages orally kind:---
Provided that the Chancellor may make reference to the
Senate stating the instances of inefficiency, moral turpitude or physical
or-mental incapacity or gross misconduct on the part of the Vice-Chancellor
that have come to his notice. After consideration of tile reference the Senate
may, pursuant to a resolution in this behalf passed by two-thirds of its
membership, recommend to the Chancellor the removal of tile Vice-Chancellor:---
Provided further that prior to a resolution for the removal
of the Vice- Chancellor being voted upon the Vice-Chancellor shall be given in
opportunity of being heard.
(6) A resolution recommending the removal of the
Vice-Chancellor shall be submitted to the Chancellor forthwith. The Chancellor
may accept the recommendation lord order removal of the Vice-Chancellor or
return tire recommendation to the Senate.
(7) At any time when the office of the Vice-Chancellor is
vacant, or the Vice-Chancellor is absent or is finable to perform the functions
of his office due to illness or some other cause, the Senate shall make such
arrangements for the performance of the duties of the Vice-Chancellor as it may
deem fit.
12. Registrar.-----(1)
There shall be a Registrar of the University to be appointed by the Senate on
the recommendation of the Vice-Chancellor, on such terms and conditions as may
be prescribed.
(2) The experience as well as the professional and academic
qualifications necessary for appointment to the post of the Registrar shall be
as may be prescribed.
(3) The Registrar shall be a full-time officer of the University and shall,---
(3) The Registrar shall be a full-time officer of the University and shall,---
(a) be the administrative head of the secretariat of tile
University and be responsible for the provision of secretariat support to the
Authorities of the University;
(b) be the custodian of tie common seal and the academic records
of the University;
(c) maintain a register of registered graduates in the prescribed manner;
(c) maintain a register of registered graduates in the prescribed manner;
(d) supervise the process of election, appointment or
nomination of members to the various authorities and other bodies in the
prescribed manner; and
(e) perform such other duties as may be prescribed.
(4) The term of office of the Registrar. shall be a
renewable period of three years:---
Provided that the Senate may, on the advice of the Vice
Chancellor terminate the appointment of the Registrar on grounds of
inefficiency or misconduct in accordance with prescribed procedure.
13. Treasurer.-----(1)
There shall be a Treasurer of the University to be appointed by the Senate on
the recommendation of the Vice Chancellor, on such terms and conditions as may
be prescribed.
(2) The experience and the professional and academic
qualifications necessary for appointment to the post of tile Treasurer shall be
as mad be prescribed.
(3) The Treasurer shall be the chief financial officer of
the University and shall,---
(a) manage the assets, liabilities, receipts, expenditures,
funds and investments of the University;
(b) prepare the annual and revised budget estimates of the
University and present them to the Syndicate or a committee thereof for
approval and incorporation. in the budget to be presented to the Senate;
(c) ensure that the funds of tile University are expended on
the purposes for which they are provided;
(d) have the accounts of tile University audited annually so
as to be available for submission to the Senate within six months of the close
of the financial year, and
(e) perform such other duties as may be prescribed.
(4) The term of office of the Treasurer shall be a renewable
period of three years:---
Provided that the Senate may, on the advice of the Vice Chancellor,
terminate the appointment of the Treasurer on grounds of inefficiency or
misconduct in accordance with prescribed procedure.
14. Controller of Examinations.-----(1) There shall be a Controller of Examinations, to be
appointed by the Senate on the recommendation of the Vice-Chancellor, on such
terms and conditions as may be prescribed.
(2) The minimum qualifications necessary for appointment to
the post of the Controller of Examinations shall be as may be prescribed.
(3) The Controller of Examinations shall be a full-time
officer of the University and shall be responsible for all matters connected
with the conduct of examinations and perform such other duties as may be
prescribed.
(4) The Controller of Examinations shall be appointed for a
renewable term of three years:---
Provided that the Senate may, on the advice of the Vice
Chancellor, terminate the appointment of the Controller of Examinations on
grounds of inefficiency or misconduct in accordance with prescribed procedure.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
15. Authorities.------(1)
The following shall be the Authorities of the University, namely:---
(a) Authorities established by the Ordinance,---
(i) the Senate;
(ii) the Syndicate; and
(ii) the Syndicate; and
(iii) the Academic Council;
(b) Authorities to be established by the Statutes,---
(i) Graduate and Research Management Council;
(ii) Recruitment, Development, Evaluation arid Promotion
committees for teachers and other staff whether at the level of the department,
tile Faculty or the University;
(iii) Career Placement and Internship Committee of each
Faculty;
(iv) Search Committee for the appointment of the Vice
Chancellor;
(v) the Representation Committees for appointment to the
Senate, Syndicate and the Academic Council;
(vi) Faculty Council; and
(vii) Departmental Council.
(2) The Senate, the Syndicate and the Academic Council may
set up such other committees or sub-committees, by whatever name described, as
are considered desirable through Statutes or Regulations as appropriate. Such
committees or sub-committees shall be Authorities of the University for the
purposes of this Ordinance.
16. Senate.-----(1)
The body responsible for the governance of the University shall be described as
the Senate, and shall consist of the following, namely:---
(a) the Chancellor who shall be the Chairperson of the
Senate;
(b) the Vice-Chancellor;
(c) one member of the Government not below the rank of
Additional Secretary from the Ministry of Education or any other department
relevant to the special focus of the University;
(d) four persons from society at large being persons of
distinction in the fields of administration, management, education, academics,
law, accountancy, medicine, fine ails, architecture, agriculture, science,
technology and engineering such that the appointment of these persons reflects
a balance across the various fields:---
Provided that the special focus or affiliation of the
University, to be declared in the manner prescribed, may be reflected in the
number of persons of distinction in an area of expertise relevant to the
University who are appointed to the Senate;
(e) one person from amongst the alumni of the University;
(f) two persons from the academic community of the country,
other than an employee of the University, at the level of professor or principal
of a college:---
(g) four University Teachers; and
(h) one person nominated by the Commission.
The numbers of the members of the Senate described against
clauses (e) to (h) of sub-section 1 may be increased by the Senate through
Statutes subject to condition that the total membership of the Senate does not
exceed twenty one, with a maximum of five University Teachers, and the increase
is balanced, to the extent possible, across the different categories specified
in sub-section (1).
(3) All appointments to the Senate shall be made by the
Chancellor. Appointments of persons described in clauses (e) to (f) of
sub-section (1) shall be made from amongst a panel of three names for each
vacancy recommended by the Representation Committee set up in terms of section
23 and in accordance with procedure as may be prescribed:---
Provided that effort shall be made, without compromising on
quality or qualification, to give fair representation to women on the Senate.
Provided that as regards the University Teachers described
in clause (g) of sub-section (1) the Senate shall prescribe a procedure for
appointment on the basis of elections that provide for voting by the various
categories of University Teachers. Provided also that the Senate may
alternatively prescribe that appointment of University Teachers to the Senate
shall also be in-the manner provided by this sub-section for the persons
described in clauses (e) to (f) of sub-section (1).
(4) Members of the Senate, other than ex officio members,
shall hold office for three years. One-third of the members, other than ex
officio members, of the first restructured Senate, to be determined by lot,
shall retire from office on the expiration of one year from the date of
appointment by the Chancellor. One-half of the remaining members, other than ex
officio members, of the first restructured Senate, to be determined by lot,
shall retire from office on the expiration of two years from the date of
appointment and the remaining one half, other than ex officio members, shall retire
from office on the expiration of the third year:---
Provided that no person, other than an ex officio member,
may serve on the Senate for more than two consecutive terms:---
Provided further that the University Teachers appointed to
the Senate may not serve for two consecutive terms.
(5) The Senate shall meet at least twice in a calendar year.
(6) Service on the Senate shall be on honourary basis:---
Provided that actual expenses may be reimbursed as
prescribed,---
(7) The Registrar shall be the secretary of the Senate.
(8) In the absence of the Chancellor meetings of the Senate
shall be presided over by such member, not being an employee of the University
or the Government, as the Chancellor may, from time to time, nominate. The
member so nominated shall be the convener of the Senate.
(9) Unless otherwise prescribed by this Ordinance, all
decisions of the Senate shall be taken on the basis of the opinion of a
majority of the members present. In the event of the members being evenly
divided on any matter the person presiding over the meeting shall have a
casting vote.
(10) The quorum for a meeting of the Senate shall be two
thirds of its membership, a fraction being counted as one.
17. Powers and functions of the Senate.-----(1) The Senate shall have the power of general supervision
over the University and shall hold the Vice-Chancellor and the Authorities
accountable for all the functions of tile University. The Senate shall have all
powers of the University not expressly vested in an Authority or officer by the
Ordinance and all other powers not expressly mentioned by this Ordinance that
are necessary for the performance of its functions.
(a) Without prejudice to the generality of the foregoing
powers, the Senate shall have the following powers:---
(a) to approve-the proposed annual plan of work, the annual
and revised budgets, the annual report and the annual statement of account;
(b) to hold, control and lay down policy for tile
administration of the property, funds and investments of the University, including
the approval of the sale and purchase or acquisition of immovable property;
(c) to oversee the quality and relevance of the University’s
academic programmes and to review the academic affairs of the University in
general;
(d) to approve the appointment of the Deans, Professors,
Associate Professors and such other senior faculty and senior administrators as
may be prescribed;
(e) to institute schemes, directions and guidelines for the
terms and conditions of appointment of all officers, teachers and other
employees of the University;
(f) to approve strategic plans.
(g) to approve financial resource development plans of the
University;
(h) to consider the drafts of Statutes and Regulations
proposed by the Syndicate and the Academic Council and deal with them in the
manner as provided for in sections 26 and 27, as the case may be:---
Provided that the Senate may frame a Statute or Regulation
on its own initiative and approve it after calling for the advice of the
Syndicate or the Academic Council as the case may be;
(i) to annul by order in writing the proceedings of any
Authority or officer if the Senate is satisfied that such proceedings are not
in accordance with the provisions of the Ordinance, Statutes or Regulations
after calling upon such Authority or officer to show cause why such proceedings
should not be annulled;
(j) to recommend to the Chancellor removal of any member of
the Senate in accordance with the provisions of the Ordinance;
(k) to make appointment of members of the Syndicate, other
then ex officio members, in accordance with the provisions of the Ordinance;
(l) to make appointment of members of the Academic Council,
other than ex officio members, in accordance with the provisions of the
Ordinance;
(m) to appoint Emeritus, Professors on such terms and
conditions as may be prescribed;
(n) to remove any person from the membership of any
Authority if such person;
(i) has become of unsound mind; or
(ii) has become incapacitated to function as member of such
Authority; or
(iii) has been convicted by a court of law for an offence
involving moral turpitude; and
(o) to determine the form, provide for the custody and
regulate the use of the common seal of the University.
(3) The Senate may, subject to the provisions of the
Ordinance delegate all or any of the powers and functions of any Authority,
officer or employee of the University at its main campus, to any Authority,
committee, officer or employee at its additional campus for the purpose of
exercising such powers and performing such functions in relation to such
additional campus, and for this purpose the Senate may create new posts or
positions at the additional campus.
18. Visitation.-----The
Senate may, in accordance with the terms and procedures as tray be prescribed,
cause an inspection to be made in respect of any matter connected with the
University.
19. Syndicate.----- (1)
There shall be a Syndicate of the University consisting of the following:---
(a) the Vice-Chancellor who shall be its Chairperson,
(b) the Deans of the Faculties of the-University.
(c) three professors froth different departments, who are
not members of the Senate. to be elected by the University Teachers in
accordance with procedure to be prescribed by the Senate:---
(d) Principals of the constituent colleges;
(e) Registrar;
(f) the Treasurer; and
(g) the Controller of Examinations;
(2) Members of the Syndicate, other than ex officio members,
shall hold office for three years.
(3) As regards the three professors described to clause (c)
of sub-section (1) the Senate may, as an alternative to elections, prescribe a
procedure for proposal of a panel of names by the Representation Committee set
up in terms of section 23, Appointment of persons proposed by the
Representation Committee tray be made by the Senate on the recommendation of
the Vice Chancellor.
(4) The quorum for a meeting of the Syndicate shall be
one-half of the total number of members, a fraction being counted as one.
(5) The Syndicate shall meet at least once in each quarter
of the year.
20. Powers and duties of the Syndicate.---(1) The Syndicate shall be the executive body of the
University and shall, subject to the provisions of the Ordinance and the
Statutes, exercise general supervision over the affairs and management of the
University.
(2) Without prejudice to the generality of the foregoing
powers, and subject to the provisions of the Ordinance, the Statutes and
directions of the Senate the Syndicate shall have the following powers:---
(a) to consider the annual report, the annual and revised
budget estimates and to submit these to the Senate;
(b) to transfer and accept transfer of movable property on
behalf of the University;
(c) to enter into, vary, carry out and cancel contracts on behalf of the University;
(c) to enter into, vary, carry out and cancel contracts on behalf of the University;
(d) to cause proper books of account to be kept for all sums
of money received and expended by the University and for the assets and
liabilities of the University;
(e) to invest any money belonging to the University including any unapplied income in any of the securities described in section 20 of the Trusts Act, 1882 (Act II of 1882), or in the purchase of immovable property or in such other manner, as it may prescribe, with the like power of varying such investments;
(e) to invest any money belonging to the University including any unapplied income in any of the securities described in section 20 of the Trusts Act, 1882 (Act II of 1882), or in the purchase of immovable property or in such other manner, as it may prescribe, with the like power of varying such investments;
(f) to receive and manage any property transferred, and
grants, bequests, trust, gifts, donations, endowments, and other contributions
made to the University;
(g) to administer any funds placed at the disposal of the
University for specified purposes;
(h) to provide the buildings, libraries, premises,
furniture, apparatus, equipment and other means required for carrying out the
work of the University;
(i) to establish and maintain halls of residence and hostels
or approve or license hostels or lodgings for the residence of students;
(j) to recommend to the Senate affiliation or disaffiliation
of colleges;
(k) to recommend to the Senate admission of educational
institutions to the privileges of the University and withdraw such privileges;
(l) to arrange for the inspection of colleges and the
departments;
(m) to institute Professorships, Associate Professorships,
Assistant, Professorships, Lectureships, and other teaching posts or to suspend
or to abolish such posts;
(n) to create, suspend or abolish such administrative or
other posts as may be necessary;
(o) to prescribe the duties of officers, teachers and other
employees of the University;
(p) to report to the Senate on matters with respect to which
it has been asked to report;
(q) to appoint members to various Authorities in accordance
with the provisions of the Ordinance;
(r) to propose drafts of Statutes for submission to the
Senate;
(s) to regulate the conduct and discipline of the students
of the University;
(t) to take actions necessary for the good administration of
the University in general and to this end exercise such powers as are necessary;
(u) to delegate any of its powers to any -Authority or
officer or a committee; and
(v) to perform such other functions as have been assigned to
it by the provisions of the Ordinance or tray be assigned to it by the
Statutes.
21. Academic Council.--(1)
There shall be an Academic Council of the University consisting of the
followings:---
(a) the Vice-Chancellor who shall be its Chairperson;
(b) the Deans of Faculties and such Heads of Departments as
may be prescribed;
(c) five members representing the departments,, institutes
and the constituent colleges to be elected in the manner prescribed by the
Senate;
(d) two Principals of affiliated colleges;
(e) five Professors including Emeritus Professors;
(f) the Registrar,
(g) the Controller of Examinations; and
(h) the Librarian.
(2) The Senate shall appoint the members of the Academic
Council, other than the ex officio and the elected members, on the
recommendation of the Vice Chancellor:---
Provided that as regards the five professors and the members representing the departments, institutes-and the constituent colleges the Senate may, as an alternative to elections, prescribe a procedure for proposal of a panel of names by the Representation Committee set tip in terms of section 23 Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the Vice Chancellor.
Provided that as regards the five professors and the members representing the departments, institutes-and the constituent colleges the Senate may, as an alternative to elections, prescribe a procedure for proposal of a panel of names by the Representation Committee set tip in terms of section 23 Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the Vice Chancellor.
(3) Members of the Academic Council shall hold office for
three years.
(4) The Academic Council shall meet at least once in each
quarter.
(5) The quorum for meetings of the Academic Council shall be
one half of the total number of members, a fraction being counted as one.
22. Powers and functions of the Academic Council.-----(1) The Academic Council shall be the principal academic
body of tire University and shall, subject to the provisions of the Ordinance
and the Statutes, have the power to lay down proper standards of instruction,
research and examinations and to regulate and promote the academic life of the
University and the colleges.
(2) Without prejudice to the generality of the foregoing
powers, and subject to the provisions of this Ordinance and the Statutes, the
Academic Council shall have the power to,---
(a) approve the policies and procedures pertaining to the
quality of academic programmes;
(b) approve academic programmes;
(b) approve academic programmes;
(e) approve the policies and procedures pertaining to
student related functions including admissions, expulsions, punishments,
examinations and certification;
(d) approve the policies and procedures assuring quality of
teaching and research;
(e) recommend the policies and procedures for affiliation of
other educational institutions;
(f) propose to the Syndicate schemes for the constitution
rind organization of Faculties, teaching departments and boards of studies;
(g) appoint paper setters and examiners for all examinations
of the University after receiving panels of dunes from the relevant
authorities;
(h) institute programmes for the continued professional
development of University Teachers at all levels;
(i) recognize the examinations of other Universities or
examining bodies as equivalent to the corresponding examinations of the
University;
(j) regulate the award of studentships, scholarships,
exhibitions, medals and prizes;
(k) frame Regulations far submission to the Senate;
(l) prepare an annual report on the academic performance of
the University; and
(m) perform such functions as may be prescribed by
Regulations.
23. Representation Committees.---- (1) There shall be a Representation Committee constituted by
the Senate through Statute for recommendation of persons for appointment to the
Senate in accordance with the provisions of section 16.
(2) There shall also be a Representation Committee
constituted by the Senate through Statute for the recommendation of persons for
appointment to the Syndicate and the Academic Council in accordance with the
provisions of sections 20 and 22.
(3) Members of the Representation Committee for appointments
to the Senate shall consist of the following:---
(a) three members of the Senate who are not
University Teachers;
(b) two persons nominated by the University Teachers from
amongst themselves in the manner prescribed;
(c) one person from the academic community, not employed by
the University, at the level of professor or college principal to be nominated
by the University Teachers in the manner prescribed; and
(d) one eminent citizen with experience in administration,
philanthropy, development work, law or accountancy to be nominated by the
Senate.
(4) The Representation Committee for appointments to the
Syndicate and the Academic Council shall consist of the following;
(a) two members of the Senate who are not
University Teachers.
(b) three persons nominated by the University Teachers from
amongst themselves in the manner prescribed;
(5) The tenure of the Representation Committees shall be
three years,---
Provided that no member shall serve for more than two
consecutive terms.
(6) The procedures of the Representation Committees shall be
as may be prescribed.
(7) There may also be such other Representation Committees
set up by any of the other Authorities of the University as are considered
appropriate for recommending persons for appointment to the various Authorities
arid other bodies of the University.
24. Appointment of Committees by certain Authorities.- (1) The Senate, the Syndicate, the Academic Council and
other Authorities may, .from time to time, appoint such standing, special or
advisory committees, as they may deem fit, and may place on such committee
persons who are not members of the Authorities appointing the Committees.
(2) The constitution, functions and powers of the
Authorities for which no specific provision has been made in this Ordinance
shall be such as may be prescribed by Statutes or Regulations.
CHAPTER V
STATUTES, REGULATIONS AND RULES
25. Statutes.------(1)
Subject to the provisions of the Ordinance, Statutes, to be published in the
official Gazette, may be made to regulate or prescribe all or any of the
following matters:---
(a) the contents of and the manner in which the annual
report to be presented by the Vice-Chancellor before the Senate shall be
prepared;
(b) the University fees and other charges.
(c) the constitution of any pension, insurance, gratuity,
provident fund and benevolent fund for University employees;
(d) the scales of pay and other terms and conditions of
service of officers, teachers and other University employees;
(e) the maintenance of the register of registered graduates;
(f) affiliation and disaffiliation of educational
institutions and related matters;
(g) admission of educational institutions to the privileges
of the University and the withdrawal of such privileges;
(h) the establishment of Faculties, departments, institutes,
colleges and other academic divisions;
(i) the powers and duties of officers and teachers;
(j) conditions under which the University may enter into
arrangements with other institutions or with public bodies for purposes of
research and advisory services;
(k) conditions for appointment of Emeritus Professors and
award of honorary degrees;
(l) efficiency and discipline of University employees;
(m) the constitution and procedure to be followed by
Representation Committees in carrying out functions to terms of this Ordinance;
(n) the constitution and procedure to be followed by the
Search Committee for appointment of the Vice Chancellor;
(o) constitution, functions and powers of the Authorities of
the University; and
(p) all other matters which by this Ordinance are to be or
may be prescribed or regulated by Statutes.
(2) The draft of Statutes shall be proposed by the Syndicate
to the Senate which may approve or pass with such modifications as the Senate
may think fit or may refer back to the Syndicate, as the case may be, for
reconsideration of the proposed draft:---
Provided that Statutes concerning any of the matters
mentioned in clauses (a) and (1) of sub-section (1) shall be initiated and
approved by the Senate, after seeking the views of the Syndicate:---
Provided further that the Senate may initiate a Statute with
respect to any matter in its power or with respect to which a Statute may be
framed in terms of the Ordinance and approve such Statute after seeking the
views of the Syndicate.
26. Regulations.---(1)
Subject to the provisions of the Ordinance and the Statues, the Academic
Council may make Regulations, to be published in the official Gazette, for all
or any of the following matters:---
(a) the courses of study for degrees, diplomas and
certificates of the University;
(b) the manner in which the teaching referred to in
sub-section (1) of section 6 shall be organized and conducted;
(c) the admission and expulsion of students to and from the
University;
(d) the conditions under which students shall be admitted to
the courses and. the examinations of the University and shall become eligible
for the award of degrees, diplomas and certificates;
(e) the conduct of examinations;
(f) conditions under which a person may carry on independent
research to entitle him to a degree,
(g) the institution of fellowships, scholarships,
exhibitions, medals and prizes;
(h) the use of the Library;
(h) the use of the Library;
(i) the formation of Faculties, departments and board of
studies; and
(j) all other matters which by the Ordinance or the Statutes
are to be or may be prescribed by Regulations.
(2) Regulations shall be proposed by the Academic Council
and shall be submitted to the Senate which may approve them or withhold
approval or refer them back to the Academic Council for reconsideration. A
Regulation proposed by the Academic Council shall not be effective unless it
receives the approval of the Senate.
(3) Regulations regarding or incidental to matters contained
in sub-clauses (g) and (i) shall not be submitted to the Senate without the
prior approval of the Syndicate.
27. Amendment and repeal of Statutes and Regulations.-----The procedure for adding to, amending or repealing the
Statutes and the Regulations shall be the same as that prescribed respectively-
for framing or making Statutes and Regulations.
28. Rules.-(1) The Authorities and’ the other bodies of the University may make Rules, to be published in the official Gazette, consistent with the Ordinance, Statutes or the Regulations, to regulate any matter relating to the affairs of the University which has not been provided for by the Ordinance or that is not required to be regulated by Statutes or Regulations, including rules to regulate the conduct of business and the time and place of meetings and related matters.
(2) Rules shall become effective upon approval by tire Syndicate
28. Rules.-(1) The Authorities and’ the other bodies of the University may make Rules, to be published in the official Gazette, consistent with the Ordinance, Statutes or the Regulations, to regulate any matter relating to the affairs of the University which has not been provided for by the Ordinance or that is not required to be regulated by Statutes or Regulations, including rules to regulate the conduct of business and the time and place of meetings and related matters.
(2) Rules shall become effective upon approval by tire Syndicate
CHAPTER VI
UNIVERSITY FUND
29. University fund.------The
University shall have a fund to which shall be credited its income from fees,
charges, donations trusts, bequests, endowments, contributions, grants and all
other sources.
30. Audits and Accounts.-------(1) The Accounts of the University shall be maintained in
such form and in such manner as may be prescribed.
(2) The teaching departments constituent colleges/institutes
and all other bodies designated as such by the Syndicate in terms of Statutes
shall be independent cost centres of the University with authority vested in
the head of each cost centre to sanction expenditure out of the budget
allocated to it. Provided that re-appropriation from one head of expenditure to
another may be made by the head of a cost centre in accordance with and to the
extent prescribed by the Statutes.
(3) All funds generated by a teaching department,
constituent college of other unit of the University through consultancy,
research or other provision of service shall be made available without’
prejudice to the budgetary allocation otherwise made, after deduction of
overheads in the manner and to the extent prescribed by Statute, to the
teaching department, constituent college or other unit for its development. A
part of the funds so generated may be shared with the University Teachers or
researchers in charge of the consultancy, research or service concerned in the
manner and to the extent prescribed by Statute.
(4) No expenditure shall be made from the funds of the
University, unless a bill for its payments has been issued by the head of the
cost centre concerned in accordance with the relevant statutes and the
Treasurer has verified that the payment is provided for in the approved budget
of the cost centre, subject to the authority to re-appropriate available to the
head of tile cost centre.
(5) Provision shall be made for an internal audit of the
finances of the University.
(6) Without prejudice to the requirement of audit by an
auditor appointed by Government in accordance with the provisions of any other
law in force, the annual audited statement of accounts of the University shall
be prepared in conformity with the Generally Accepted Accounting Principles
(GAAP) by a reputed firm of chartered accountants and signed by the Treasurer.
The annual audited statement of accounts so prepared shall be submitted to the
Auditor General of Pakistan
(7) The observations of the Auditor General of Pakistan
CHAPTER VII
GENERAL PROVISIONS
31. Opportunity to show cause.-----Except as otherwise provided by law no officer, teacher or
other employee, of the University holding a permanent post shall be reduced in
rank, or removed or compulsorily retired from service for cause arising out of
any act or omission on the part of the person concerned unless he has been
given a reasonable opportunity of showing cause against the action proposed to
betaken.
32. Appeal to the Syndicate and the Senate.-----Where an order is passed punishing any officer (other than
the Vice-Chancellor), teacher or other employee of the University or altering
or interpreting to his disadvantage the prescribed terms or conditions of his
service, he shall, where the order is passed by any officer or teacher of the
University other than the Vice-Chancellor, have the right to appeal to the
Syndicate against the order, and where the order is passed by the
Vice-Chancellor, have the right to appeal to the Senate.
33. Service of the University.-----(1) All persons employed by the University in accordance
with the terms and conditions of service prescribed by statutes shall, be
persons in the service of Pakistan for the purposes of any court or tribunal
set up by law in terms of Article 212 of the Constitution of the Islamic
Republic of Pakistan, 1973:---
Provided that any provision as regards the terms and
conditions of employment of persons in the service of Pakistan
(2) An officer, teacher or other employee of the University
shall retire from service on the attainment of such age or tenure of service as
may be prescribed.
(3) No adverse change shall be made in the terms and
conditions of employment of any University Teacher in the employment of the
University on the date of enforcement of the Ordinance.
34. Benefits and Insurance.----(1) The University shall constitute for the benefit of its
officers, teachers and other employees schemes, as may be prescribed, for the
provision of post-employment benefits as well as health and life insurance
while in service.
(2) Where any provident fund has been constituted under this
Ordinance, the provisions of the Provident Funds Act, 1925 (XIX of 1925), shall
apply to such funds as if it were the Government Provident Fund.
35. Commencement of term of office of members of
Authority.-----(1) When a member of a newly
constituted Authority is elected, appointed or nominated, his term of office,
as fired under this Ordinance, shall commence from such date as tray be prescribed.
(2) Where a member who has accepted any other assignment or
for any other similar reason remains absent from the University for a period of
not less than six months he shall be deemed to have resigned and vacated his
seat.
36. Filling of casual vacancies in Authorities.---Any casual vacancy among the members of any Authority shall
be filled, as soon as conveniently may be, in the same manner and by the same
person or Authority that had appointed the member whose place has become vacant
and the person appointed to the vacancy shall be a member of such Authority for
the residue of the term for which the person whose place he fills would have
been a member.
37. Flaws in the constitution of Authorities.-----Where there is a flaw in the constitution of an Authority,
as constituted by this Ordinance, the Statutes or, the Regulations on account
of the abolition of a specified office under Government or because an
organization, institution or other body outside the University has been
dissolved or has ceased to function, or because of some other Similar reason,
such flaw shall be removed in such mariner as the Senate may direct.
38. Proceedings of Authorities not invalidated by the
vacancies.-----No act, resolution or decision of
any Authority shall be invalid by reason of am’ vacancy on the Authority doing,
passing, or making it or by reason of any want of qualification or invalidity
in the election, appointment or nomination of any de facto member of the
Authority, whether present or absent.
39. First Statutes and Regulations.----- Notwithstanding anything to the contrary contained in the
Ordinance, the President of Pakistan shall promulgate the First Statues and
Regulations which shall be deemed to be Statutes and Regulations framed under
section 25 and 26 and shall continue to remain in force until amended or
replaced or till such time as new Statutes and Regulations are framed in
accordance with the provisions of the Ordinance.
40. Repeal and savings.----- (1) The Acts, Ordinances or other legislative instruments
constituting the universities listed in the Schedule shall stand repealed from
such dates as may be notified by the Government in tile official Gazette:---
Provided that the Government may save, through appropriate
provision in the repealing notifications, such parts of the Acts, Ordinances or
other legislative instruments constituting the universities listed in the
Schedule as are necessary for preservation of such specific features that are
essential given tile nature of the University and are not in conflict with the
management and governance structure laid down by the Ordinance or for
continuation of the legal status of an institute, college or other constituent
unit of the University as on the date of the notification in the official
Gazette.
(2) Notwithstanding the repeal envisaged by sub-section
(1),---
(a) everything done, action taken obligations or liabilities
incurred, rights and assets acquired, persons appointed or authorized;
jurisdiction or powers conferred, endowments, bequests, funds or trusts
created, donations or grants made, scholarships, studentship, or exhibitions
instituted, affiliations or privileges granted and orders issued under any of
the provisions of the repealed Acts, Ordinances, other legislative instruments
or the Statutes, the Regulations and the Rules made or deemed to have been made
thereunder, shall, if not inconsistent with the provisions of the Ordinance or
the Statutes, the Regulations or the Rules made under this Ordinance, be
continued and, so far as may be, be deemed to have been respectively done,
taken, incurred, acquired, appointed, authorized, conferred, created, made,
instituted, granted and issued under this Ordinance, and any documents
referring to any of the provisions of the repealed Acts, Ordinances, other
legislative instruments or tile Statutes the Regulations and the Rules first
referred shall; so far as may be, be considered to refer to the corresponding,
provisions of the Ordinance or the Statutes, the Regulations and the Rules made
under this Ordinance;
(b) all institutes, colleges or other constituent units of
the University functioning in terms of the provisions of the repealed Acts,
Ordinances or other legislative instruments. shall continue to function in
terms of the relevant repealed provisions till such time that the Senate
through Statute has prescribed otherwise; and
(c) any Statutes, Regulations, or Rules made or deemed to
have been made under the repealed Acts, Ordinances or other legislative
instruments shall, if not inconsistent with the provisions of the Ordinance, be
deemed to be Statutes, Regulations or Rules made under the Ordinance having
regard to the various matters which by the Ordinance have to be regulated or
prescribed by Statutes, Regulations and Rules respectively and shall continue
to be in force until they are repealed, rescinded or modified in accordance
with the provisions of the Ordinance.
41. Transitory Provisions.----- (1) Notwithstanding anything contained in the Ordinance,
upon the coming into force of this Ordinance with respect to a University
listed in the Schedule, the Senate shall be restructured and the members
thereof, except the University Teachers, appointed afresh by the Chancellor in
accordance with the numbers and criteria for membership specified in the Ordinance.
As regards the University Teachers to be elected or appointed to the
restructured Senate elections shall be held as soon as possible in the case of
Universities where the repealed act, ordinance or other legislative instrument
had provided for the election of University Teachers to the Senate. In all
other cases University Teachers shall be appointed to the restructured Senate
by the Chancellor. The number of University Teachers to be elected or appointed
to the restructured Senate shall be as provided in the Ordinance. The first
restructured Senate so constituted shall initiate, as soon as possible, the
process for the appointment of the members of the Syndicate and the Academic
Council in accordance with the terms of this Ordinance. The- term of tenure
provided in sub-section (4) of section 16 notwithstanding, one-third of the
members, other than ex officio members, of the first restructured Senate, to be
determined by lot, shall retire from office on the expiration of one year from
the date of appointment by the Chancellor. One-half of the remaining members,
other than ex officio members, of the first restructured Senate, to be
determined by lot, shall retire from office on the expiration of two years from
the date of appointment and the remaining one-half, other than ex officio
members, shall retire from office on the expiration of the third year.
(2) Any existing provision, as regards tenure
notwithstanding the Vice- Chancellor and the other Authorities, in existence
immediately before the date oil which the Ordinance is enforced with respect to
a University listed in the Schedule, shall continue to function and shall, as
far as may be, exercise the powers respectively assigned to the Vice-Chancellor
and the corresponding Authorities by or under this Ordinance, until such time
as they are respectively replaced in accordance with the terms of the
Ordinance.
(3) Notwithstanding anything-contained in the Ordinance, as
regards a University set up after’ the promulgation date hereof, the members of
the first Senate; except the University Teachers, shall be appointed by the
Chancellor in accordance with the numbers and criteria for membership specified
in the Ordinance. The first Senate so constituted shall initiate, as soon as
possible the process for the recruitment of University Teachers add appointment
of the members of the Syndicate and the Academic Council in accordance with the
terms of this Ordinance. The University Teachers to be appointed to the first
Senate shall be appointed as soon as the procedure prescribed for appointment
of University Teachers to the Senate has be complied with. The term of tenure
provided in sub-section (4) of section 16 notwithstanding, one-third of the
members, other than ex officio members, of the first Senate, to be determined
by lot, shall retire from office on the expiration of one year from the date of
appointment by the Chancellor. One-half of the remaining members, other than ex
officio members, of the first Senate, to be determined by lot, shall retire
from office on the expiration of two years from the-date of appointment and the
remaining one-half, other than ex officio members, shall retire from office on
the expiration of the third year.
(4) Notwithstanding anything contained in the Ordinance, as
regards a University, set up after the promulgation date hereof, the first
Vice-Chancellor shall be appointed by the Chancellor for a period of three
years.
42. Removal of difficulties.------(1) If any question arises as to the interpretation of any
of the provisions of the Ordinance, it shall be placed before the Chancellor
whose decision thereon shall be final.
(2) If any difficulty arises in giving effect to any of the
provisions of the Ordinance, the Chancellor may make such order after obtaining
the views of the Senate, not inconsistent with the provisions of the Ordinance,
as may appear to trim to be necessary for removing the difficulty.
(3) Where the Ordinance makes any provision for anything to
be done but no provision or no sufficient provision has been made-as respects
the authority by whom, or the time at which, or the manner in which, it shall
be done, then it shall be done by such authority, at such time, or in such
manner as the Chancellor may direct after obtaining the views of the Senate.
43. Indemnity.-------No
suit or legal proceedings shall lie Government, the University or any
Authority, officer or employee of Government or the University or any person in
respect of any thing which done in good faith under the Ordinance.
44. Power to allow appointment of employees a Government,
other universities or educational or research institutions to the
University.-----(1) Notwithstanding any thing
contained in the Ordinance the Senate may on the of the Syndicate, allow any
post in the University to be filled by appointment, on such terms as the Senate
may specify, an employee of the Government or any other university or
educational or research institution.
(2) Where any appointment has been made under this section,
the terms and conditions of service of the appointee shall not be less
favourable than those admissible to him immediately before such appointment and
he shall be entitled to all benefits of his post of service.
SCHEDULE
(See sub-section (2) of section 2)
List of existing Universities to which this Ordinance may be
applied through notification in the official Gazette.
1. Allama Iqbal Open University, Islamabad .
2 National University of Modem Languages, Islamabad .
3 Quaid-e-Azam University, Islamabad .
4 Bahria University, Islamabad .
5 Air University, Islamabad .
6 Federal Urdu University of Arts, Sciences &
Technology, Rawalpindi
7 National University of Sciences & Technology, Rawalpindi/Islamabad
7 National University of Sciences & Technology, Rawalpindi/Islamabad
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