Institute of Business Administration Act, 1994

The Institute of Business Administration Act, 1994

ACT XX OF 1994

An Act to re-constitute and reorganize the Institute of Business Administration Karachi and to confer on the Institute the power to award degrees.

17^th August, 1994

  No. PAS/Legis-B-11/94, dated 17-8-1994.--The Institute of Business Administration Bill, 1994 having been passed by the Provincial Assembly of Sindh on 15th June, 1994 and assented to by the Governor of Sindh on 31st July, 1994 is hereby published as an Act of the Legislature of Sindh:---

Preamble.--Whereas it is expedient to reconstitute and re-organize and to confer on the institute of Business Administration, Karachi, the power to award degrees and to provide matters connected therewith or ancillary thereto;

It is hereby enacted as follows:---

1. Short title and commencement.--(1) This Act may be called the Institute of Business Administration Act, 1994.

(2) It shall come into force at once. 

2. Definitions.--In this Act, unless there is anything repugnant in the subject or context,---

(a) “Academic Board” means the Academic Board of the Institute;

(b) “Board” means the Board of Governors;

(c) “Chairman” means the Chairman of the Board;

(d) “Controller of Examination” means the Controller of Examinations of the Institute;

(e) “Director” means the Director of the Institute;

(f) “Director Finance” means the Director Finance of the Institute;

(g) “Government” means the Government of Sindh;

(h) “Institute” means the Institute of Business Administration Karachi, as reconstituted under this Act;

(i) “Member” means a member of the Board;

(j) “Patron” means the Governor of Sindh;

(k) “prescribed” means prescribed by rules framed under this Act;

(1) “Selection Board” means the Selection Board of the Institute. 

3. Establishment of the Institute.--The Institute of Business Administration Karachi, as reconstituted and reorganized in accordance with the provisions of this Act, shall be a body corporate by the name of the Institute of Business Administration, Karachi, and shall have perpetual succession and a common seal, and shall by the said name sue and be sued. 

4. All properties, rights and interests of whatever kind, used, enjoyed, possessed, owned or vested in, or held in trust by or for the Institute of Business Administration as established under the First University Ordinance of the University of Karachi, 1962 and reconstituted under section 28(1)(g) of the University of Karachi Act, 1972 and all liabilities legally subsisting against the said Institute shall pass to the Institute of
Business Administration as reconstituted under this Act. 

5. Power and functions of the Institute.--The Institute shall have the power--(a) to provide for teaching Business Administration and related fields as it may deem fit, and to make provision for research management, development programmes, consultancy and for the advancement and dissemination of knowledge in such manner as it may determine;

(b) to prescribe course of studies to be conducted by it and its affiliated institutions;

(c) 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;

(d) to affiliate or disaffiliate educational institutions under prescribed conditions;

(e) to accept the examination passed and the periods of study spent by students at other universities and places of learning as equivalent to such examinations and periods of study in the Institutions as it may determine, and to withdraw such acceptance;

(f) to create posts for teaching, research, training, consultancy administration and other related purposes and to appoint persons thereto;

(g) to establish centres of learning for the development of teaching and research and to make such arrangements for their maintenance, management and administration as it may determine;

(h) to make provision for research, consultancy and advisory service and with these objects to enter into arrangements with other institutions or with public and private bodies under prescribed conditions;

(i) to promote cooperation with Government, national and international organizations and Universities in activities falling within the purview of the Institute:

(j) to do all such other Acts and things, whether incidental to the powers aforesaid or not, as may be necessary in order to further the objectives of the Institute as a place of education, learning, research and consultancy. 

6. Institute open to all.--The Institute shall be open to all persons of either sex and whatever religion, race, creed, caste, colour or domicile who are academically qualified for admission to the courses of study offered by the Institute and no such person shall be denied the privilege on the ground only of sex, religion, race, caste, creed, colour or domicile. 

7. Patron.--(1) The Governor of Sindh shall be the Patron and the Controlling Authority of the Institute.

(2) The Patron shall, when present, presides at the convocation of the Institute.

(3) If the Patron is satisfied that the proceedings of the Board, Selection Board, or the Academic Board are not in accordance with the provisions of this Act, he may after calling upon such Board to show-cause why such proceedings should not be annulled by order in writing, annul the proceedings.

(4) In the absence of the Patron, the Chairman shall preside the convocation. 

8. Visitation.--(1) The Patron may cause a visitation or enquiry to be made in respect of any matter connected with the affairs of the Institute and appoint such person or persons as may deem fit for the purpose.

(2) The Patron shall, on receipt of a report under subsection (1) shall issue such directions as he thinks fit and the Vice-Chancellor will comply with such directions. 

9. Director.-(1) The Director shall be appointed by the Patron who shall hold office during his pleasure and unless removed earlier hold office for a period of four years on, such terms and conditions as may be determined by the Patron.

(2) The Director shall be the Chief Executive of the Institute having authority over academic, administrative and financial affairs and shall ensure that the provisions of this Act and the rules are faithfully observed.

(3) The Director, may in am emergency, which in his opinion requires immediate action, take such action as he may consider necessary and shall, as soon as thereafter as possible, report his action to the Board. 

10. Director of Finance.--(1) The Director of Finance shall be appointed by the Patron on such terms and conditions as may be determined by him.

(2) The Director of Finance shall,---

(i)         manage the property, finances and investments of the Institute;

(ii)        prepare the annual and revised budget estimates of the Institute and present them to the Board for approval;

(iii)       ensure that the funds of the Institute are spent for the purpose for which they are provided;

(iv)       perform such other duties as may be prescribed. 

11. Controller of Examinations.--The Controller of Examinations shall be appointed by the Board and will be responsible for all matters connected with the examinations and be responsible for keeping its record properly and shall perform such other duties as may be prescribed. 

12. Board of Governors.--(1) There shall be a Board of Governors, consisting of the following:-

(i)         A Judge of the High Court of Sindh to be nominated by the patron from amongst a
panel of three Judges Chairman

(ii)        Vice-Chancellor University of Karachi Member

(iii)       Vice-Chancellor University of Sindh Member

(iv)       The Director (Chief Executive) Member

(v)        Secretary Education Government of Sindh. Member

(vi)       One nominee of the University Grants Commission not below the rank of a whole time Member. Member

(vii)      President of the Sindh Chamber of Commerce. Member

(viii)     President, Chamber of Commerce and Industries Pakistan. Member

(ix)       Two prominent business executives of the Province to be nominated by the Patron. Members

(x)        Two prominent educationist of the Province to be nominated by the Patron. Members

(xi)       Two prominent citizens to be nominated by the Patron. Members

(xii)      Two Professors or Associate Professors nominated by the Chairman. Members

(xiii)     One member of the Registered Graduates of the Institute elected from amongst themselves. Members

(2) The members, other than ex-officio members, shall hold office during the pleasure of the patron and unless removed earlier shall hold office for three years commencing from the date of the first meeting of the Board.

(3) A member other than ex-officio member shall cease to hold office if he does not attend three consecutive meeting of the Board without any valid reason.

(4) The meetings of the Board shall be presided over by the Chairman or in his absence by one of the members to be elected by the Chairman or in his absence by one of the members to be elected by the members present.

(5) The Board shall meet at least twice a year on the dates to be fixed by the Director in consultation with the Chairman.

(6) The quorum for a meeting of the Board shall be one-half of the total number of members, a fraction being counted as one.

(7) The decisions of the Board shall be expressed in the terms of the views of the majority of the members present and voting and in case of tie, the person presiding the meeting shall have and exercise a casting vote. 

13. Powers and functions of the Board.--(1) The Board shall be the policy formation and executive body of the Institute and shall, subject to the provisions of this Act and the rules, exercise general supervision over the affairs of the Institute.

(2) In particular and without prejudice to the generality of the foregoing provisions, the Board shall have the powers:--

(i)         to exercise overall control over the Institute;

(ii)        to appoint the teachers and other officers/staff of the Institute in BPS-16 and above and to determine the terms and conditions of their services;

(iii)       to cause proper books of accounts to be kept for all sums of money received and expended by the Institute and for assets and liabilities of the Institute.

(iv)       to consider and approve the budget estimates, annual research programmes, annual reports and audited statements of accounts of the Institute.

(v)        to re-appropriate funds from one major head of expenditure to another;

(vi)       to enter into, vary, carry out and cancel contracts on behalf of the Institute;

(vii)      to institute professorships including Professor Emeritus, associate professorships, assistant professorships, lecturerships and other administrative posts and to appoint persons thereto on the recommendation of the Selection Board;

(viii)     to receive and manage property transferred and grants bequests, trusts, gifts, donations, endowments and other contributions made to the institute and to invest any fund representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions in such manner as it may deem fit;

(ix)       to prescribe terms and conditions of teaching and non-teaching employees of the Institute, including their qualifications, experience and eligibility for appointment;

(x)        to delegate any of its powers to the Director or a committee appointed by the Chairman of any other officer excepting the power of approval of budgetary estimates;

(xi)       to approve appointments of members of the various Boards in accordance with the provisions of the Act.

(xii)      to appoint auditors for the annual audit of the accounts of the Institute;

(xiii)     to suspend, punish and remove from service in the prescribed manner employees appointed by the Board.

(xiv)     to frame rules as are necessary for carrying out the purposes of this Act;

(xv)      to regulate, determine and administer all other matters concerning the Institute and to this end exercise all other powers in this behalf not specifically mentioned in this Act. 

14. Academic Board.--(1) The Academic Board shall consist of the following:---

(i)         The Director of the Institute Chairman

(ii)        All professors of the Institute (including professor emeritus). Members

(iii)       Three Associate Professors of the Institute to be nominated by the Board
on the Recommendation of the Director for three years. Members

(iv)       One Assistant Professor of the Institute to be nominated by the Board on the recommendation of the Director for three years Member

(v)        Two experts in Business Administration/Computer Science/related disciplines to be nominated by the Board of Governors on the recommendation of the Director for three years Members

(2) The Academic Board shall be responsible for all academic matte including courses, syllabi, examinations, degrees, diplomas and certificates an matters connected therewith.

(3) The meetings of the Academic Board shall be held as frequently possible, but not less than twice in a year.

(4) The quorum of a meeting shall be one-half of the total number c the members. 

15. The Selection Board.--(1) All appointments on posts of BPS-16 at above shall be made by the Board on the recommendation of the Selection Board consisting of the following:--

(i)         The Director Chairman

(ii)        The Chairman or a nominee of the Sindh Public Service Commission. Member

(iii)       One member of the Board to be nominated by the Board for three years Member

(iv)       Two eminent business men to be nominated the Patron for three years Members

(v)        Two experts in the field of business administration to be nominated by the Board for three years. Members

(2) Four members shall form the quorum for a meeting of the Selection Board. 

16. funds and Reports.--(1) The Institute shall have a Fund to which shall be credited all grants made by any Government or contribution and donations made by individual, local bodies, organizations or agencies and income from fees received, sale proceeds and royalties on publications and such other sources as may be approved by the Board.

(2) No expenditure shall be made from the funds unless a bill for its payment has been audited by the Audit Officer of the Institute in accordance with the rules made under this Act.

(3) The Accounts of the Institute shall be maintained m such form and manner as may he prescribed and shall be audited once a year by an auditor appointed by the Auditor General of Pakistan.

(4) The Annual Statement of Accounts and audit report thereon shall be submitted by the auditor for consideration of the Board.

(5) The Institute shall furnish to Government each year a report on annual audited accounts a report on the activity of the Institute during the preceding year and such information relating to its activities as may be asked for by the Government. 

17. Removal of difficulties.--If any difficulty arises in giving effect to any of the provisions of this Act, the Controlling Authority may, on the recommendations of the Board give such directions, not inconsistent with the said provisions, as it may consider necessary for the removal of such difficulty. 

18. Repeal and Savings.--(1) The Statutes to establish the Institute of Business Administration by the University of Karachi under section 28(1)(g) of the University of Karachi Act, 1972 are hereby repealed.

(2) Notwithstanding the repeal of the said Statute everything done, actions taken, obligations or liabilities incurred, rights and assets acquired, persons, appointed or authorised jurisdiction or powers conferred, endowments, bequests, funds or trusts created, donations or grants made privileges granted or the Regulations and the Rules made or deemed to have been made thereunder and all resolutions passed by the
previous Boards of Governors shall, if not inconsistent with the provision of this Act, be continued, and, so far as may be deemed to have been respectively done, taken, incurred, acquired, appointed, authorised, conferred, created, made, instituted and granted under this Act. 

19. Repeal.--The Institute of Business Administration Ordinance, 1994 is hereby repealed.