AZAD GOVERNMENT OF
THE STATE OF JAMMU AND KASHMIR
Law, Justice,
Parliamentary Affairs and Human Rights Department
****
“Muzaffarabad”
Dated: 30-06-2014
No.LD/Legis-Act/537-49/2014. The following Act of Assembly received the
assent of the President on 19th day of June, 2014, is hereby
published for general information.
[Act XXXVI of 2014]
An
Act
to provide law for the establishment of Mirpur University
of Science and Technology (MUST), Mirpur
Whereas it is expedient to enhance facilities for higher
education and research in the Azad State of Azad Jammu & Kashmir and to
establish Mirpur University of Science and Technology (MUST), Mirpur in the
manner hereafter appearing:
It is hereby enacted as follows:-
CHAPTER
I
Preliminary
1. Short title and Commencement.-
This Act may
be called Mirpur University of Science and Technology (MUST), Mirpur Act, 2014.
(2)
It shall come into force at once
and shall be deemed to have taken effect from 05.03.2014.
2. Definitions.- In this Act unless there is
anything repugnant in the subject or context, –
(a)
“Academic
Council” means the Academic Council of the University;
(b)
“Act”
means Mirpur University of Science and Technology (MUST), Mirpur Act, 2014.
(c)
“Affiliated College” means an educational
institution affiliated to the University but not maintained or administered by
it.
(d) “Authority” means any of the Authorities of the University
specified or set up in terms of Section 15;
(e) “Chairperson” means the head of a teaching department established as a constituent institution by the University by Statutes
or Regulations in terms of the powers delegated by this Act or head of any
Committee established under the
provision of 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 Islamabad;
(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;
(k) “Department” means a teaching department maintained and
administered, or recognized by the University in the manner prescribed;
(l) “Director” means the head of an Institute/ School/ Centre
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/Institutes as prescribed;
(n) “Government” means the Azad Government of the State of Jammu and
Kashmir;
(o) “Institute/School/Centre” means an Institute/School/Centre
established as a constituent institution by the University by Statutes or
Regulations in terms of the powers delegated by this Act;
(p) “Prescribed” means prescribed by Statutes, Regulations or Rules
made under the Act;
(q) “Principal” means the head of a College;
(r) “Representation Committees” means the Representation Committees
constituted under section 23;
(s) “Review Panel” means the Review Panel set up by the Chancellor in
accordance with the provisions of section 8;
(t) “Search Committee” means the Search Committee set up by the
Senate under section 11;
(u) “Senate” means the Senate of the University;
(v) “Statutes”, “Regulations” and “Rules” mean respectively the
Statutes, the Regulations and the Rules made under this Act and for the time
being in force;
(w) “Syndicate” means the Syndicate of the University;
(x) “Teachers” include Professors, Associate Professors, Assistant
Professors and Lecturers engaged whole-time by the University or by a
constituent college and such other persons as may be declared to be teachers by
Regulations;
(y) “University” means Mirpur University of Science and Technology
(MUST), Mirpur; and
(z) “Vice-Chancellor” means the Vice-Chancellor of the University.
CHAPTER
II
The University
3. Incorporation.- (1)
There shall be a university to be called Mirpur University of Science and
Technology (MUST), Mirpur with its principal seat at Mirpur and it may
establish its other campuses where need arise.
(2)
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 time to time; and
(d) all other full-time officers and members of the staff of the
University.
(3)
The University shall be a body corporate
by the name of Mirpur University of Science and Technology (MUST), Mirpur. It
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. 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.
(6) The university shall consist of existing faculties,
departments/ institutes at the Mirpur Campus of UAJK and faculties, institutes,
departments, schools, centers and colleges to be established in future by the
Statutes.
(7) All properties, rights and interests of whatever kind, used,
enjoyed, possessed, owned or vested in or held in trust by and for the Mirpur
campus of the University of Azad Jammu & Kashmir (UAJ&K) and all
liabilities legally subsistent against the campus shall stand transferred to
Mirpur University of Science and Technology (MUST), Mirpur by this Act.
4. Powers and Purposes of the University.- The University shall have the
following powers, namely:-
(i) 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;
(ii)
to
prescribe courses of studies to be conducted by it and the colleges;
(iii)
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;
(iv) 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;
(v)
to
engage, where necessary, persons on contracts of specified duration and to
specify the terms of each engagement;
(vi)
to
confer honorary degrees or other distinctions on approved persons in the manner
prescribed;
(vii) 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;
(viii) to institute programmes for the exchange of students and
teachers between the University and other universities, educational
institutions and research organizations, inside as well as outside Pakistan;
(ix) to provide career counseling and job search services to
students and alumni;
(x) to maintain linkages with alumni;
(xi) to develop and implement fund-raising plans;
(xii) to provide and support the academic development of the
faculty of the University;
(xiii)
to
confer degrees on persons who have carried an independent research under prescribed
conditions;
(xiv)
to
affiliate and disaffiliate educational institutions under prescribed
conditions;
(xv)
to
inspect colleges and other educational institutions affiliated or seeking
affiliation with it;
(xvi) 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;
(xvii) to 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) to institute Professorships, Associate Professorships,
Assistant Professorships and Lectureships and any other posts and to appoint
persons thereto;
(xix) to create posts for research, extension, administration and
other related purposes and to appoint persons thereto;
(xx) 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;
(xxi) to institute and award financial assistance to students in
need, fellowships, scholarships, bursaries, medals and prizes under prescribed
conditions;
(xxii) 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;
(xxiii) 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;
(xxiv) to maintain order, discipline and security on the campuses of
the University and the colleges;
(xxv) to promote the extracurricular and recreational activities of
such students, and to make arrangements for promoting their health and general
welfare;
(xxvi) to demand and receive such fees and other charges as it may
determine;
(xxvii) 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;
(xxviii) to enter into, carry out, vary or cancel contracts;
(xxix) 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;
(xxx) to provide for the printing and publication of research and
other works; and
(xxxi) 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 sex, 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 not covering more than ten percent of the total
number of candidates in any on-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) the
Principals of the Constituent Colleges;
(e) the Chairpersons/Directors of the Teaching Departments/
Institutes;
(f) the
Registrar;
(g) the
Treasurer;
(h) the
Controller of Examinations;
(i) the
Librarian; and
(j) such other persons as may be prescribed by the Statutes or
Regulations to be the Principal Officers of the University.
8. Chancellor.- (1) The President of Azad Jammu and Kashmir 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 Vice Chancellor shall preside over the
meeting of the Senate and 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 Act and the Statutes, as
the case may be alongwith 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 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 Senate to exercise powers under section 17.
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 academician/ scholar of international repute
and shall be appointed on such terms and conditions as may be described.
(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 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;
(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;
(f) to sanction all expenditure provided for in the approved
budget and to re-appropriate funds within the same major head of expenditure;
(g) to create and fill posts temporarily for a period not
exceeding six months; and
(h) 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) Such 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 the
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 the Senate
and one academician of eminence not employed by the University. The two
distinguished University Teachers shall be selected by the Senate through a
process, to be prescribed by the Statutes that provides for the recommendation
of suitable names by the University Teachers in general. The Search Committee
shall remain in existence till such time 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 the three persons recommended and 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 fourth of 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 advantage of any kind:
Provided that the Chancellor may
make a 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 the
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 the
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 an 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 and order removal of the
Vice-Chancellor or return the 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 unable 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,–
(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 a renewable each after a 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 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 a renewable each after a 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 concerning 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 Act,–
(i) the Senate;
(ii) the Syndicate; and
(iii) the Academic Council;
(b) Authorities to be established by the
Statutes, –
(i) the Finance and Planning Committee;
(ii) the Selection Board;
(iii) the Graduate and Research Management Council;
(iv) Recruitment, Development, Evaluation and Promotion committees
for teachers and other staff whether at the level of the department/ Institute/
College, the Faculty or the University;
(v) Advanced Studies & Research Board;
(vi) Career Placement and Internship Committee of each Faculty;
(vii) Search Committee for the appointment of the Vice Chancellor;
(viii) the Representation Committees for appointment to the Senate,
Syndicate and the Academic Council;
(ix) Faculty Council;
(x) Departmental Council; and
(xi) Discipline Committee.
(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 purpose of this Act.
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 Education Department, Government of AJ&K;
(d) four persons from society at large being persons of distinction
in the fields of administration, management, education, academics, law,
accountancy, medicine, fine arts, 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.
(2) 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 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:
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 by the Vice Chancellor or 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 Act,
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 the
University. The Senate shall have all powers of the University not expressly
vested in an Authority or officer by the Act and all other powers not expressly
mentioned by this Act that are necessary for the performance of its functions.
(2)
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 the 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 25 and 26, 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 Act, 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 Act;
(k) to make appointment of members of the Syndicate, other than ex
officio members, in accordance with the provisions of the Act;
(l) to make appointment of members of the Academic Council, other
than ex officio members, in accordance with the provisions of the Act;
(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 Act 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 its main or
the additional campus.
18. Visitation.– The Senate may, in accordance with the terms
and procedures as may 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 from 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) the 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 in 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 may 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 Act 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 Act,
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;
(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;
(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/ institutions;
(k) to arrange for the inspection of colleges
and the departments/ Institutes;
(l) to institute Professorships, Associate
Professorships, Assistant Professorships, Lectureships, and other teaching
posts or to suspend or to abolish such posts;
(m) to create, suspend or abolish such administrative
or other posts as may be necessary;
(n) to prescribe the duties of officers,
teachers and other employees of the University;
(o) to report to the Senate on matters with
respect to which it has been asked to report;
(p) to appoint members to various Authorities
in accordance with the provisions of the Act;
(q) to propose drafts of Statutes for
submission to the Senate;
(r) to regulate the conduct and discipline of
the students of the University;
(s) to take actions necessary for the good
administration of the University in general and to this end exercise such
powers as are necessary;
(t) to delegate any of its powers to any
Authority or officer or a committee; and
(u) to perform such other functions as have
been assigned to it by the provisions of the Act or may be assigned to it by
the Statutes.
21. Academic Council.–
(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 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 up 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 the University and shall, subject to the provisions
of the Act and the Statutes, have the power to lay down proper standards of
instructions, 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/Institutes 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 other 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) Vice Chancellor of the University shall be Chairperson of the
representative committee;
(b) two members of the Senate who are not University Teachers;
(c) two persons nominated by the University Teachers from amongst
themselves in the manner prescribed;
(d) 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
(e) one eminent citizen with experience in administration,
philanthropy, development work, law or accountancy to be nominated by the
Senate.
(4)
Member of the Representation Committee for the purpose of sub-section (2) shall
consist of: -
(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 and 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 Act 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 Act,
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 the University
employees;
(d) the scales of pay and other terms and
conditions of service of officers, teachers and other employees of the
University;
(e)
the maintenance of the register of
registered graduates;
(f) affiliation and disaffiliation of
educational institutions and related matters;
(g) the establishment of faculties,
departments, institutes, colleges and other academic divisions;
(h) affiliation and disaffiliation of
educational institutions and related matters;
(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 (k) 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 Act and approve such Statute
after seeking the views of the Syndicate.
26. Regulations.–
(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.
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 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
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 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 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 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
or the University and signed by the Treasurer. The annual audited statement of
accounts so prepared shall be submitted to the Auditor General of Azad Jammu
& Kashmir for his observations.
(7) The accounts of the
University shall be audited once a year by Government Auditors appointed by the
Auditor-General of Azad Jammu & Kashmir.
(8) The observations of the
Auditor General of Azad Kashmir, 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
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
be taken.
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 Government for the purposes of any
court or tribunal set up by law in terms of Section 47 of the Interim
Constitution of AJ&K 1974:
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, officer and other employees in the employment of the
University on the date of enforcement of the Act.
34. Pension, Insurance, Gratuity, Provident Fund and
Benevolent Fund.- (1) The University shall constitute for the
benefit of its officers, teachers and other employees in such manner and
subject to such conditions as may be prescribed such pension, insurance,
gratuity, provident fund and benevolent fund scheme as it may deem fit.
(2) Where any provident fund has been constituted under
this Act, the provisions of the Provident Funds and rules made thereunder shall
apply to such funds as if it were the Government Provident Fund and the
University were the government.
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 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.
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 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.
38. Proceedings of
Authorities not invalidated by the vacancies.– 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.
39. First
Statutes and Regulations.– Notwithstanding anything to the contrary
contained in the Act, the President of Azad Jammu and Kashmir 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 Act.
40. Transfer
of Officers, etc. (1) Any officer, teacher or other employee of the
University shall, as the Chancellor may direct, serve for such period as may be
fixed or extended from time to time by the Chancellor in any post under any
organization in the territory of Azad Jammu and Kashmir. The terms and
conditions offered to him shall not be less favourable than those admissible to
him in the University.
(2) The Chancellor in consultation with the
Vice Chancellor may fill any post in the University by appointing a person in
the service of Azad Jammu and Kashmir Government.
(3) The Chancellor may approve
inter-transfer of officers, teachers or other employees of the University,
constituent colleges, Government, corporate bodies:
Provided that the rights and privileges of
such persons under this arrangement are protected under such conditions as may
be prescribed.
41. Transitory Provisions.– (1) Notwithstanding anything contained in this Act, the members of the first Senate shall be appointed by
the Chancellor in accordance with the numbers and criteria for membership
specified in the Act. 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 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.
(2) Notwithstanding anything contained in the Act,
the first Vice-Chancellor shall be appointed by the Chancellor for a period of
three years.
(3) Immediately on promulgation of the Act,
the Chancellor shall appoint a Project Director along with helping staff to put
the provisions of this Act into effect. Other officers such as Registrar,
Treasurer, Controller of Examinations and Librarian shall be appointed when the
University starts functioning fully.
(4) All projects sponsored by
the Higher Education Commission (HEC), AJ&K Govt., AJ&K council or by
any of the sponsoring agencies existing/approved or submitted relating to the
Mirpur campus of the UAJ&K shall also stand transferred to the MUST.
(5) All examinations of
existing students admitted in all disciplines at the departments/institutes and
faculties of the Mirpur campus of the UAJ&K, before the promulgation of
this Act shall be conducted by the UAJ&K and the candidates shall be
awarded degrees or certificates/diplomas after the completion of the degree
requirements by the UAJ&K, whereas the admissions in each of the
disciplines existing or to be opened in future shall be made under the MUST.
The examinations of the students admitted after the promulgation of this Act
shall be conducted by the MUST and the candidates shall be awarded degree or
certificates/diplomas after the completion of the degree requirements by the
MUST.
(6) The proportionate share of
the developmental and non developmental/ self support budget of the
departments/institutes and faculties of the UAJ&K at Mirpur shall stand
transferred to the MUST.
(7) The teaching and
non-teaching staff of the departments/institutes and faculties of the Mirpur
campus of the UAJ&K shall stand transferred to the MUST.
(8) The jurisdiction of the University shall be
the whole Azad Jammu & Kashmir.
42. Removal of Difficulties.– (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.
43.
Bar to Jurisdiction.- No Court shall have
jurisdiction to entertain any proceedings, grant any injunction or make any
order in relation to anything done or purported to have been done or intended
to be done under this Act.
44. Indemnity.–
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 anything which is done in good faith under the Act.
45. Power to allow
appointment of employees of the Government, other universities or educational
or research institutions to the University.–
(1)
Notwithstanding
anything contained in the 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.
(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.
46. University Auditor.- There shall be a University Auditor who shall be
an officer in the service of the Government whose services would be placed at
the disposal of the University by the Auditor General of Azad Jammu &
Kashmir or as provided in the public sector universities of Pakistan.
47. Savings.- Notwithstanding any judgment, decree or order of
any court including the High Court and Supreme Court, everything done, all
actions taken, notifications issued, decisions made, orders passed, proceedings
initiated, powers exercised, powers conferred etc., which have been visualized
by this Act, shall be deemed to have been validly done, taken, issued, made,
passed, initiated, exercised, conferred etc., under this Act.
Sd/-
(Ch.
Muhammad Nawaz)
Section Officer Law
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