|
|
to provide for the establishment of the Lasbela University of Agriculture
Water and Marine Sciences and for the matters connected therewith or
ancillary thereto.
|
|
Preamble
|
WHEREAS it is expedient to establish the Lasbela University of Agriculture,
Water and Marine Science at Uthal, for promoting the advancement and
dissemination of knowledge in the Province of Balochistan;
It is hereby enacted as follows.—
|
|
|
CHAPTER - I
PRELIMINARY
|
|
Short title and
commencement.
|
1.
(1) This Act may be called the Lasbela
University of Agriculture, Water and Marine Sciences Act, 2010.
(2)
It shall come into force at once.
|
|
Definitions.
|
2.
In this Act, unless there is anything repugnant in the subject or context, –
(a)
"Academic Council" means
the council setup under section 22 of the Act;
(b)
“Academic Department” means a
teaching and research department maintained and administered, or recognized
by the University in the manner as may be prescribed;
(c)
“Act” means the Lasbela University
of Agriculture, Water and Marine Sciences Act, 2010.
(d)
"Affiliated College"
means an educational institution affiliated to the University but not
maintained or administered by it;
(e)
"Authority" means any of
the Authorities of the University specified or set up in this Act;
(f)
"Chancellor" means the
Chancellor of the University;
(g)
"College" means a
constituent college or an affiliated college;
(h)
"Commission" means the
Higher Education Commission established under the Higher Education Commission
Ordinance, 2002 (LIII of 2002);
(i)
"Constituent College"
means an educational institution, by whatever name described, maintained and
administered by the University;
(j)
"Dean" means the head of
a Faculty or the head of an academic body granted the status of a Faculty by
this Act or by the statutes or regulations prescribed under this Act;
(k)
"Department" means a
teaching or research department maintained and administered or recognized by
the University in the manner prescribed;
(l)
"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 Act;
(m)
"Faculty" means an
administrative and academic unit of the University consisting of one or more
departments, as prescribed;
(n)
"Government" means the
Government of Balochistan;
(o)
"Prescribed" means
prescribed by statutes, regulations or rules made under the Act;
(p)
"Principal" means the
head of a College or Institution;
(q)
“Pro Vice Chancellor”
means Pro Vice Chancellor of the University;
(r)
"Representation
Committees" means the Committees constituted under section 24 of the
Act;
(s)
"Review Panel" means the
Review Panel set up by the Chancellor in accordance with the provisions of
Act;
(t)
"Senate" means the
Senate of the University;
(u)
"Statutes", mean
Statutes, Regulations and Rules made under this Act.
(v)
"Syndicate" means the
Syndicate of the University;
(w)
"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;
(x)
"University" means
Lasbela University of Agriculture, Water and Marine Sciences.
(y)
"University Teacher"
means a whole-time teacher appointed and paid by the University, or
recognized by the University as such; and
(z)
"Vice-Chancellor" means
the Vice-Chancellor of the University.
|
|
|
CHAPTER-II
THE UNIVERSITY
|
|
Incorporation
|
3.
(1) The Lasbela University of
Agriculture, Water and Marine Sciences shall be constituted and established
at Uthal in accordance with the provisions of this Act.
(2) The University shall consist of the
following, namely:-
(a)
the Chancellor,
(b)
the Members of the Senate;
(c)
the Vice Chancellor;
(d)
the Pro Vice Chancellor;
(e)
the Members of the authorities
established under section 16 of the Act;
(f)
all University teachers;
(g)
all other full-time officers and
members of the staff of the University; and
(h)
persons recognized as
students of the University in accordance with the terms as prescribed from
time to time.
(3) The University shall be a body
corporate by the name of the Lasbela University of Agriculture, Water and
Marine Sciences and shall have perpetual succession and a common seal, and
may sue and be sued by the said name.
(4) 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.
(5) 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 Act 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.
|
|
Powers and purposes.
|
4.
The University shall have the powers to:-
(i)
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;
(ii)
prescribe courses of studies to be
conducted by it and the colleges;
(iii)
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;
(iv)
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;
(v)
engage, where necessary, persons
on contract of specified duration and to specify the terms of each
engagement;
(vi)
confer honorary degrees or other
distinctions on approved persons in the manner prescribed;
(vii)
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;
(viii) institute programmes for the
exchange of students and teachers with other universities, educational
institutions and research organizations, inside as well as outside Pakistan;
(ix)
provide career counseling and job
search services to students and alumni;
(x)
maintain linkages with alumni;
(xi)
develop and implement fund-raising
plans;
(xii)
provide and support the academic
development of the faculty of the University;
(xiii) confer degrees on persons who have
carried on independent research under prescribed conditions;
(xiv) affiliate and disaffiliate educational institutions under
prescribed conditions;
(xv)
inspect colleges and other
educational institutions affiliated or seeking affiliation with it;
(xvi)
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;
(xvii) co-operate with other
Universities, public authorities or private organizations, inside as well as
outside Pakistan, in such manner and for such purposes as it may prescribe;
(xviii) institute Professorships, Associate
Professorships, Assistant Professorships and Lecturer ships and any other
posts and to appoint persons thereto;
(xix)
create posts for research,
extension, administration and other related purposes and to appoint persons
thereto;
(xx)
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;
(xxi)
institute and award financial
assistance to students in need, fellowships, scholarships, bursaries, medals
and prizes under prescribed conditions;
(xxii) establish teaching departments,
schools, colleges, faculties, institutes, museums and other centers of
learning for the development of teaching and research and to make such
arrangements for their maintenance, management and administration as it may
prescribe;
(xxiii) 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;
(xxiv) maintain order, discipline and
security on the campuses of the University and the colleges;
(xxv) promote the extra curricular and
recreational activities of such students, and to make arrangements for
promoting their health and general welfare;
(xxvi) demand and receive such fees and
other charges as it may determine;
(xxvii)
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;
(xxviii)
enter into, carry out, vary or
cancel contract;
(xxix) 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;
(xxx) provide for the printing and
publication of research and other works; and
(xxxi) 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.
|
|
University open to all classes,
creeds, etc.
|
5.
(1) 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 annual 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, not covering
more than ten percent of the total number of candidates in any campus taught
course or research-based programme of study.
(4) The University shall exercise the powers
conferred on it by or under this Act within the territorial limits of the
Balochistan Province and in respect of the institution over which it has
jurisdiction in accordance with law.
|
|
Teaching at the University.
|
6.
(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
|
|
Principal Officers.
|
7.
The following shall be the principal officers of the University, namely:-
(a)
the Chancellor;
(b)
the Vice-chancellor;
(c) the Pro
Vice-chancellor;
(d)
the Deans;
(e)
the Principals of the constituent
colleges;
(f)
the Chairpersons of the teaching
departments;
(g)
the Registrar;
(h)
the Treasurer;
(i)
the Controller of Examinations; and
(j)
such other persons as may be
prescribed by the Statutes or Regulations to be the principal officers of the
University.
|
|
Chancellor.
|
8.
(1) The Governor of Balochistan shall be the Chancellor of the University
and the Chairperson of the Senate.
(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 meeting of the Senate and convocation of the University.
(3) The members of the Senate shall be
appointed by the Chancellor from amongst the persons recommended by the
Representation Committee set up for this purpose.
(4)
The Chancellor shall
appoint the Vice Chancellor and Pro Vice Chancellor as provided in this Act.
(5) Every proposal to confer an honorary
degree shall be subject to confirmation by the Chancellor.
(6) 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 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
Panel 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 Syndicate to exercise powers under section 16.
|
|
Removal from the Senate.
|
9.
(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.
|
|
Vice-Chancellor.
|
10.
(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 Act, Statutes, Regulations and 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 either confirm the action taken or 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 an 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 manner as may be
prescribed by the Statutes; to create and fill temporary posts for a period
not exceeding six months;
(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 the Senate;
(e)
to delegate, subject to such
conditions as may be prescribed, any of his powers under this Act to an
officer or officers of the University; and
(f)
to exercise and perform such other
powers and functions as may be prescribed.
(6) The Vice-Chancellor shall preside at
the convocation of the University in the absence of the Chancellor.
(7) The Vice-Chancellor shall present an
annual report before the Senate within three months of the close of the
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.
|
|
Appointment of the
Vice-Chancellor.
|
11.
(1) The Vice
Chancellor shall be appointed by the Chancellor on such terms and conditions
as the Chancellor may determine and shall hold office during the pleasure of
the Chancellor for a term of five years or more which may be extended by the
Chancellor from time to time.
(2) At any time when the office of the
Vice Chancellor is vacant, or the Vice Chancellor is absent or is unable to
perform the functions of his office due to illness or some other cause,
the Chancellor shall make such arrangements for the performance of the duties
of the Vice Chancellor as he may deem fit.
|
|
Pro Vice Chancellor.
|
12. (1)
The Chancellor shall appoint the
Pro-Vice Chancellor on such terms and conditions as he may determine for a
specific period not exceeding four years, which may
be extended from time to time by the Chancellor.
(2) Where a Pro-Vice Chancellor is
appointed under sub-section (1) he shall, notwithstanding any thing contained
in this Act, exercise such powers and perform such functions of the Vice
Chancellor or such other powers and functions as the Chancellor may delegate
to him.
(3) The Pro-Vice Chancellor shall be an ex-officio
member of the Syndicate and Academic Council.
|
|
Registrar.
|
13.
(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:-
(a)
be the administrative head of the
secretariat of the University and be responsible for the provision of
secretariat support to the Authorities of the University;
(b)
be the custodian of the common
seal and the academic records of the University;
(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 for a period of three years which may be extended from time to time
by Senate on the recommendations of Vice Chancellor:
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.
|
|
Treasurer.
|
14.
(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 the
Treasurer shall be as may 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 the University
are expended on the purposes for which they are provided;
(d)
have the accounts of the
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 for a period of three years, which may be extended from time to time
by Senate on the recommendations of Vice Chancellor.
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.
|
|
Controller of Examinations.
|
15.
(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 period term of three years which may be extended from time
to time by Senate on the recommendations of Vice Chancellor:
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
|
|
Authorities.
|
16.
(1) The following shall be the
Authorities of the University, namely:-
(a)
Authorities established by the Ordinance,-
(i)
the Senate;
(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 and Promotion committees for teachers
and other staff whether at the level of the department, the Faculty or the
University;
(iii) Career Placement and Internship Committee of each Faculty;
(iv) the Representation Committees for
appointment to the Senate, Syndicate and the Academic Council;
(v)
Faculty Council; and
(vi)
Department Council.
(2) The Senate,
the syndicate and the Academic Council may be set up such other Committees or
Sub-Committees, by whatever name described, as considered desirable through
Statutes are Regulations as appropriate. Such Committees or Sub-Committees
shall be authorities of the University for the purposes of this Ordinance.
|
Senate :-
17. (1) The Senate shall
consist of :-
(i)
The Chancellor.
(ii)
The Vice Chancellor.
(iii)
The Members of the Syndicate.
(iv)
The Deans.
(v)
The Directors of University Institutes.
(vi)
The Principal of the constituent Colleges.
(vii)
The University Professors and Emeritus Professors.
(viii) The Chairman of the Teaching
Departments.
(ix)
The Officers or Teacher In charge of Students Affairs.
(x)
Three Principals of affiliated Colleges to be elected by the Principals of all
such Colleges from amongst themselves.
(xi)
Ten Teachers of affiliated Colleges having at least three years services in an
affiliated College to be elected by the teachers of all such Colleges from
amongst themselves.
(xii)
Chairman of the Board of Intermediate and Secondary Education located within
the jurisdiction of the University.
(xiii) Two representatives of the
affiliated college’s students Unions to be elected by the Presidents of all the
affiliated colleges student’s Unions.
(xiv) Fifteen University Teachers having
at least three years service to be elected by all University Teachers.
(xv) Five registered
graduates to be elected by all such graduate from amongst themselves.
(xvi) Three persons eminent in the Arts,
Science and the professions, one from each category.
(xvii) The
Registrar.
(xviii) The Treasurer.
(xix) The Controller of Examination.
(xx) The
Librarian.
(xxi) Member of the Provincial Assembly of
Balochistan to be elected in the following manner:
One member from each Division, to be elected by the member of the Provincial
Assembly from that Division.
(xxii) The
Director of Education Colleges, within the territorial limits of the University
and
(xxiii) Three Members to be nominated by the
Academic Staff Association.
(2)
The chancellor or in his absence his nominee shall be the chairman of the Senate.
(3)
The Senate shall meet at least twice in every years. Provided that the members
mentioned at clauses (xiii) and (xiv) of sub-section (1) shall hold office
during the term of their tenure.
(4)
The senate shall meet at least
twice in every year one dates to be fixed by the vice chancellor with the
consent of the chancellor.
(5)
The quorum for a meeting
of the Senate shall be one – third of the total number of members: a fraction
being counted as one.
Powers
and (18).
Subject to the provisions of this Act the Senate shall have
duties
of Senate.
the powers:
(a)
To consider the drafts Rules
proposed by the Syndicate and deal with them in the manner indicated in
sub-section (2) of the Section 28;
(b)
to consider and pass
resolution on the annual report, the annual statement of accounts, and
the annual revised budget estimates;
(c)
to appoint members to the
Syndicate and other Authorities in accordance with the provisions of this
Act;
(d)
to delegated any of its powers
to an Authority or officer or a committee or sub-committee; and
(e)
to perform such other
functions as may be prescribed by Rules.
Syndicate :-
19 (1) the Syndicate shall consist of :-
(i)
The Vice Chancellor who shall be its
chairman.
(ii) One member of the provincial
Assembly of Balochistan to be elected by the Members of the Assembly from
amongst themselves:
(iii) The Chief Justice of the Balochistan
High Court or a Judge of the said Court to be nominated by the Chief Justice.
(iv) One Dean to be appointed by the
Chancellor on the recommendation of the Vice Chancellor.
(v) One professor, one Associate
professor, two Assistant professors and two Lecturers who have completed a
minimum of two years service in the University to be elected jointly by all the
Teachers of the university.
(vi) Two members to be nominated by the
Academic Staff Association.
(vii) Two teachers of the affiliated
colleges to be elected from amongst the teachers of affiliated Colleges.
(viii) One
Principal of the professional college to be nominated by the chancellor.
(ix) Three person of eminence including
one female not serving any educational institution to be nominated by the
Chancellor.
(x) Two nominees of the Chancellor from
among eminent educationalists.
(xi) Education Secretary.
(xii) One Principal of the affiliated
Colleges to be elected by the Principals of such colleges from amongst
themselves.
2. Members of the Syndicate, other than ex-officio members
shall hold office for three years.
3. The quorum for
a meeting of the Syndicate shall be one-half of the total number of members; a
fraction being as one.
Power and duties
20. (i) The Syndicate shall be the executive
of the syndicate.
body of the University and shall, subject to the
provision of
this Act and the Statutes, exercise
general supervision over the affairs and
management of the property of the University.
(2)
Without prejudice to the generality
of the foregoing powers, and subject to the
provisions of this Act and the statutes, the Syndicate shall have the powers;
a) To
hold, control and administer the property and funds of the University;
b) To
govern and regulate, with due regard to the advice of the Finance and Planning
Committee in this behalf, the finances, accounts and investments of the
University and for that purpose to appoint such agents as it may think fit;
c) to
consider the annual report, the annual and revised budget estimates and to
advice the Senate thereon, and to re-appropriate funds from one major head of
expenditure to another;
d) to
transfer and accept transfer of movable or immovable property on behalf of the
University;
e) to
enter into, very, carry out and cancel contracts on behalf of the
University;
f) to
cause proper books of accounts to be kept for all sums of money received and
expended by the University and for the assets and Liabilities of the
university.
g) to
invest any money belonging to the University including any unapplied incomes in
any of the securities described in section 20 of the Trusts Act, 1882 (II of
1882), or in the purchase of immovable property or in such other manner, as it
may determine, with the like power of varying, such investments.
h) to
revive and manage any property transferred and grants, bequests, trusts, gifts,
donations endowments and other contributions made to the University.
i) to
administer any funds placed at the disposal of the university for specified
purpose;
j) to
determine the form, provide for the custody and regulate the use of the common
seal of the University;
k) to
provide the buildings libraries, premises furniture, apparatus, equipment and
other means required for carrying out the work of the University;
l) to
establish and maintain halls of residence and hostels or approve license
hostels or lodgings for the residence of students;
m) to
affiliate and disaffiliate colleges.
n) to
admit educational institutions to the privileges of the University and with
draw such privileges.
o) to
arrange for the inspection of colleges and the teaching departments.
p) to
initiate Professorships, Associate Professorships, Assistant Professorships,
Lecturer ships and other teaching posts or to suspend or to abolish such
posts,.
q) to
create, suspend or abolish such administrative research extension or other
posts as may be necessary.
r) to
appoint University teachers and other officers on the recommendation of the
Selection Board in the initial pay of above one thousand per mensem.
s) to
appoint Emeritus Professor on such terms and condition as may be prescribed.
t) to
confer Honorary Degrees in accordance with the conditions prescribed.
u) to
prescribed the duties of officers, teachers and other employees of the
University.
v) to
suspend, punish and remove from Service officers (other then the Vice
Chancellor), Teachers and other employees in the manner prescribed.
w) to
report the Senate on matters on which it has been asked to report.
x) to
appoint members to the various authorities in accordance with the provision of
this Act.
y) to
propose drafts for statutes for submission to the Senate.
z) to
consider and deal in the manner prescribed in sub section (2) of section 29,
the regulations made by the Academic Council, provided that the syndicate may
frame a regulation at its own initiative and approve it after calling for
the advice of the Academic Council;
aa) to
regulate, determine and administrator other matters concerning the University
and to this end exercise all other powers not specifically mentioned in the Act
and the statues;
bb) to
delegate any of its power to an Authority or Officer or a committee or
Sub-committee; and
cc) to
perform such other functions as have been assigned to it by the other
provisions of this Act or may be assigned to it by the statutes;
|
Academic Council.
|
21.
(1) There shall be an Academic Council of
the University consisting of the following:-
(a)
the Vice-Chancellor who shall be its Chairperson;
(b)
the Pro Vice Chancellor;
(c)
the Deans of Faculties and such Heads of departments as may be prescribed;
(d)
five members representing the departments, institutes and the constituent
colleges to be appointed in the manner prescribed by the Senate;
(e)
two Principals of affiliated colleges;
(f) five Professors including
Emeritus Professors;
(g)
the Registrar;
(h)
the Controller of Examinations; and
(i)
the Librarian.
(2) The Senate shall appoint the members
of the Academic Council, other than the ex-officio 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 up in terms of section 24.
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.
|
|
Powers and functions of the
Academic Council.
|
22.
(1) The Academic Council shall be the principal
academic body of the University and shall, subject to the provisions of the
Act 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 Act 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;
(c)
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 and 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 names 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 for 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.
|
|
Representation Committees.
|
23.
(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 17.
(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 21 and 23.
(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 from the University Teachers 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 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; and
(b)
three persons from the University Teachers to be appointed 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 and other
bodies of the University.
|
|
Appointment of Committees by
certain Authorities.
|
24.
(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 Act shall be such as may be prescribed by Statutes or Regulations.
|
|
|
CHAPTER-V
STATUTES,
REGULATIONS AND RULES
|
|
Statutes.
|
25.
(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 in terms of this
Act;(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 Act 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.
|
|
Regulations.
|
26.
(1) Subject to the provisions of the Act
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;
(i)
the formation of Faculties, departments and board of studies; and
(j)
all other matters which by the Act 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.
|
|
Amendment and repeal of Statutes
and Regulations.
|
27.
The procedure for adding to amending or repealing the Statutes and the
Regulations shall be the same as that prescribed respectively for farming or
making Statutes and Regulations.
|
|
Rules.
|
28.
(1) The Authorities and the other bodies
of the University may make Rules, to be published in the official Gazette,
consistent with the Act, Statutes or the Regulations, to regulate any matter
relating to the affairs of the University which has not been provided for by
the Act 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 the Syndicate.
|
|
|
CHAPTER-VI
UNIVERSITY
FUND
|
|
University fund.
|
29.
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.
|
|
Audits and Accounts.
|
30.
(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 centre 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 or 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 Act 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 the 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
for his observations.
(7) The observations of the Auditor
General of Pakistan, if any, together with such annotations as the Treasurer
may make, shall be considered by the Syndicate and shall be placed before the
Senate within six months of closing of the financial year.
|
|
|
CHAPTER-VII
GENERAL
PROVISIONS
|
|
Opportunity to show cause.
|
31.
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 be
taken.
|
|
Appeal to the Syndicate and the
Senate.
|
32.
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.
|
|
Service of the University.
|
33.
(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 in general or in comparable employment
notwithstanding the service of persons employed by the University shall be
entirely governed by the terms and conditions prescribed by the relevant
Statutes.
(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 Act.
|
|
Benefits and Insurance.
|
34.
(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 Act, the provisions of the Provident Funds Act, 1925
(XIX of 1925), shall apply to such funds as if it were the Government
Provident Fund.
|
|
Commencement of term of office of
members of Authority.
|
35.
(1) When a member of a newly constituted
Authority is elected, appointed or nominated, his term of office, as fixed
under this Act, shall commence from such date as may 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.
|
|
Filling of casual vacancies in
Authorities.
|
36.
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.
|
|
Flaws in the constitution of
Authorities.
|
37.
Where there is a flaw in the constitution of an Authority, as constituted by
this Act, 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 manner as the Senate may direct.
|
|
Proceedings of Authorities not
invalidated by the vacancies.
|
38.
No act, resolution or decision of any Authority shall be invalid by reason of
any 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.
|
|
First Statutes and Regulations.
|
39.
Notwithstanding anything to the contrary contained in the Act, the Governor
Balochistan shall promulgate the First Statues and Regulations which shall be
deemed to be Statute and Regulations framed under section 26 and 27 and shall
continue to remain in force until amended or replaced or till such time the
new Statutes and Regulations are framed in accordance with the provisions of
the Act.
|
|
Savings.
|
40.
(1) Notwithstanding any thing contained in any
other law, for the time being in force upon coming into force of this Act,
any thing done, action taken, obligations or liabilities incurred, rights and
assets acquired, persons appointed or authorized, jurisdiction or powers
conferred, endowments, bequests, funds or trust created, donations or grants
made, Scholarships, Studentships or exhibitions instituted, affiliations or
privileges granted and orders issued under any of the provisions of the
Balochistan Ordinance No. III of 2005 and Ordinance No. XVI of 2007, 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 or the Rules made under this Act, be continued and, so far as may
be deemed to have been respectively done, taken, incurred, acquired,
appointed, instituted, granted, and issued under this Act, and any documents
referring to any of the provisions of the said Ordinance, other legislative
instruments or 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
Act.
(2) All institutes or other constituent
units of the University functioning in terms of the provisions of the
Balochistan Ordinance No. III of 2005 and Ordinance No. XVI of 2007 or other
legislative instruments shall continue to function in terms of this Act.
(3) Any statutes, Regulations or Rules
made or deemed to have been made under the Balochistan Ordinance No. III of
2005 and Ordinance No. XVI of 2007 or other legislative instrument shall, if
not inconsistent with the provisions of this Act, be deemed to be statutes,
Regulations or Rules made under the Act having regard to the various matters
which by the Act 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 Act.
|
|
Transitory Provisions.
|
41.
(1) Notwithstanding anything contained in
the Act, upon the coming into force of this Act with respect to Lasbela
University of Agriculture, Water and Marine Sciences, the Senate shall be
established and the members thereof, except the University Teachers,
appointed by the Chancellor in accordance with the numbers and criteria for
membership specified in the Act. The University Teachers shall be appointed
to the first Senate by the Chancellor. The number of 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 can be
complied with. The first 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 Act. The term of
tenure provided in sub-section (4) of section 17 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.
(2) Notwithstanding any thing contained
in this Act the first Vice Chancellor shall be appointed by the Chancellor
for a period of five years as prescribed in the Act.
(3) Notwithstanding any thing contained
in this Act, the first appointments to the statutory posts of Pro Vice
Chancellor, Registrar, Treasurer and Controller of Examination may be made by
the Chancellor for the period specified under the Act in his discretion:
Provided that the persons to be appointed on the above mentioned statutory
posts must fulfill all the laid down criteria required for the posts.
|
|
Removal of difficulties.
|
42.
(1) If any question arises as to the
interpretation of any of the provisions of the Act, 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 Act, the Chancellor may make such
order after obtaining the views of the Senate, not inconsistent with the
provisions of the Act, as may appear to him to be necessary for removing the
difficulty.
(3) Where the Act 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.
|
|
Indemnity.
|
43.
No suit or legal proceedings shall lie against the Government, the University
or any Authority, officer or employee of the Government or the University or
any person in respect of any thing which is done in good faith under the Act.
|
|
Power to allow appointment of
employees of the Government, other universities or educational or research
institutions to the University.
|
44.
(1) Notwithstanding anything contained in
this Act the Senate may, on the advice 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.
Provided that in the case of a teacher the selection board shall be consulted
before filling of the post.
(2) Any officer, teacher or other
employee of the University shall, as the Chancellor may in the public
interest direct, serve in any post under Government or any other University
or an Educational or Research Institution:
Provided that Syndicate shall be consulted before issuing the direction.
(3) 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.
|
|
Repeal.
|
45.
The Lasbela University of Agriculture Water and Marine Science Ordinance 2007
(XVI of 2007), is hereby repealed.
|
|
Validation etc.
|
46.
Anything done, actions taken, orders passed instruments made, notifications
issued, appointments made agreements made, proceedings initiated process or
communications issued under the powers conferred, assumed or exercised, by
the authorities of the University or Principal Officers on and after the 2nd
November, 2007 and before the commencement of this Act shall be deemed to
have validly done, made issued, taken, initiated, conferred, and exercised
and have had effect accordingly.
|
Secretary
Balochistan Provincial Assembly
No comments:
Post a Comment