PROVINCIAL ASSEMBLY OF SINDH
NOTIFICATION
KARACHI, THE 18TH OCTOBER, 2008
NO.PAS/Legis-B-04/2008- The Shaheed Mohtarma
Benazir Bhutto Medical University Larkana Bill, 2008 having been passed by the Provincial
Assembly of Sindh on 15th August, 2008 and assented to by the Governor
of Sindh on 12th September, 2008 is hereby published as an Act of the Legislature of Sindh.
THE SHAHEED MOHTARMA BENAZIR BHUTTO
MEDICAL UNIVERSITY LARKANA ACT, 2008
SINDH ACT NO: VI OF 2008
(First published after having received the assent of the Governor of Sindh in the
Gazette of Sindh
(Extra-Ordinary) dated 18th October, 2008.)
AN ACT
to establish a University known as the Shaheed Mohtarma Benazir
Bhutto
Medical University Larkana.
Preamble.
WHEREAS it is expedient to establish a University known as the Shaheed Mohtarma Benazir Bhutto Medical
University Larkana and to provide
for matters ancillary thereto;
It is hereby enacted as follows:-
CHAPTER – 1
PRELIMINARY
1. Short title and commencement .
(1) This Act may be called the Shaheed Mohtarma Benazir Bhutto Medical University Larkana Act, 2008.
(2) It shall come into force at once.
2. Definitions. In this Act, unless
there is anything repugnant in the subject
or context-
i. “Academic Council” means the Academic
Council of the University;
ii. “affiliated College” means an educational institution affiliated to the
University but not maintained or administered
by it;
iii. “Authority” means any of the Authorities of the University specified or setup under this Act;
iv. “Chancellor” means the Chancellor of the University;
v. “College” means a constituent college
or an affiliated college;
vi. ”Commission” means the Higher
Education Commission;
vii. “constituent College” means a college maintained and administered by
the University;
viii. “Dean” means the head of a faculty;
ix. “Department” means
a
teaching
department
maintained
and
administered, or recognized
by
the
University in
the
manner prescribed;
x. “Director” means the head of an Institute established as a constituent
Institution by the University;
xi. “Faculty” means a faculty of the University;
xii. “Government” means the Government of Sindh;
xiii. “prescribed” means prescribed by statutes, regulations or rules made
under this Act;
xiv. “Principal” means the head of a College;
xv.
“Representation Committees” means the representation
committees constituted under this Act;
xvi. “Review Panel” means the review panel setup by the chancellor in accordance with the provisions of this Act;
xvii. “Search Committee” means the search committee
setup under this Act;
xviii. “Senate” means the Senate of the University;
xix.
“Statutes, Regulations
and Rules” means respectively the statutes,
regulations and the rules made under this Act;
xx. “Syndicate”
means the Syndicate of the University;
xxi. “Teachers” include Professors, Associate Professors, Assistant Professors, Senior Registrars and Lecturers engaged whole time by the
University or by a constituent or affiliated college
and such other
person as may be declared to be the teacher by Regulations;
xxii.
“University” means Shaheed Mohtarma
Benazir Bhutto Medical
University Larkana constituted
under this Act and shall be the degree
awarding institute;
xxiii. “University Teacher” means a whole time teacher
appointed and paid by the University, or recognized by the University as such; and
xxiv. “Vice-Chancellor” means the Vice-Chancellor of the University.
CHAPTER – II THE UNIVERSITY
3. Incorporation. (1)
The
Shaheed
Mohtarma
Benazir
Bhutto
Medical
University
Larkana shall be established in accordance with the provisions of this
Act.
(2) The University shall consist of –
i. The
Chancellor;
ii. the
Vice Chancellor;
iii.
the members of the Senate ;
iv.
the members of the Authorities of the University;
v. all University teachers and students; and
vi.
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 the Shaheed
Mohtarma Benazir Bhutto Medical University Larkana 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 and conditions as may be prescribed under this
Act and by the Commission. In particular,
and without prejudice to the authority granted to the University by the law, government
or an authority or auditor appointed by 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) All properties,
rights and interests of whatever
kind, used, enjoyed, possessed, owned or vested in, or held in trust by the Chandka Medical College, Larkana, Chandka Dental College, Larkana,
Ghulam Muhammad Mahar Medical College Sukkur,
Gambat Institute of Medical
Sciences, Gambat and liabilities legally
subsisting against
them
shall stand transferred to the University .
(7) All persons serving
in Chandka Medical College, Larkana, Chandka Dental College, Larkana, Ghulam Muhammad Mahar
Medical College Sukkur, Gambat Institute of Medical Sciences, Gambat in
any capacity immediately after commencement of this Act shall, notwithstanding any law or terms and
conditions of their service, shall be transferred to the University on the terms and conditions
as may be prescribed:
Provided
that
such
terms
and
conditions shall not be less
favorable than the terms and conditions admissible to them
immediately before their transfer.
(8)
Any person
transferred to the University under sub-section (7) of section
3, including the person who is transferred
but has not so far reported to the
University may opt to serve
the Health Department, Government of Sindh.
(9) The option under sub-section (8) shall be exercised and submitted to
Government within ninety
days of the commencement of the University and the option so exercised shall be final.
(10) On receipt
of the option under sub-section (9), Government may, transfer
or as the case may be, allow
to continue the person concerned
for service
in the
Health Department, Government of Sindh.
4. Powers and functions of the University The University shall have the following powers and functions to be
exercised and performed, subject to the general control and instructions prescribed from time to time by Government:-
i. to provide
for
education
and
scholarship
in such branches of knowledge as it may deem fit, and to make provisions
for research, training, instructions, service in the health sciences and allied Sciences and for the application, advancement and dissemination of knowledge in
such manner as it may determine;
ii. to prescribe
courses
of
studies
and
undertake
research
as
it
may
determine;
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 contract basis for 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 instructions for persons not being students
of the University as it may prescribe, and
to grant certificates and diplomas to such person
viii. to institute
programs for the exchange of students
and teachers between the University and other universities,
educational institutions and research organizations, inside as well as out side 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 on 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 examination
passed and the period of study spent by the
students of the University at other universities and places of learning
equivalent to such examination 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, Senior Registrarships and Lecturerships and any other posts and to appoint persons there to;
xix. to create posts for research, extension, administration and other related purposes and to appoint persons there to;
xx. to recognize
selected members of 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, institutions, 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. to provide
for the residence of the students
and the employees 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
extra
curricular
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 provisions
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, carryout, vary or cancel contracts;
xxix. to promote and monitor undergraduate and post graduate education
of Medical and Health Sciences
by securing improvement
of Teaching and Training in attached Teaching
Hospitals and Hospital
matters;
xxx. 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;
xxxi. to provide
for
the
printing
and
publications of research
and
other
works; and
xxxii. 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) University shall be open to all persons of either gender
and of whatever religion,
race, creed, class, colour and no person shall be denied the
privileges of the University on the grounds of religion,
race, caste, creed, class or colour.
(2) An increase in any fee or charge that is in excess of ten percent per annum
on an annualized basis from the last such increase may not be made except
in
special circumstances with
the
approval of Government.
(3) The University shall
institute financial aid programs 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 and 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
program of study.
6. Teaching at the University (1) All recognized teaching in various courses
shall be conducted by the University or Colleges in the prescribed
manner and may include lectures, tutorials discussions, seminars, demonstrations, distance learning and other methods
of instructions 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.
(3) The
course and the curricula shall be such as may be prescribed.
(4) The teaching
staff
of
the
Clinical,
Diagnostic
and
Supporting Specialties, besides teaching
and training to the under and postgraduate students of the University, shall also provide
Health Care to the patients in the Wards, Operation
Theaters. Out-Patient Departments, Laboratories, X-rays Rooms etc. as being done before the
commencement of this Act.
(5) The teaching
staff
of
the Clinical, Diagnostic and Supporting
Specialty Units shall be responsible for patient
care
in
their
respective fields only.
(6) The Administration of the teaching hospitals shall be responsible for provision of entire infrastructure needed for the Health care delivery
to the patients as per requirement of the faculty.
(7) The University authorities shall be responsible for provision of all
the infrastructure and teaching aids to the faculty
in
teaching
Hospitals for execution of under and post graduate
training programs
in Clinical, Diagnostic and Supporting Specialties.
(8) The offices, Demonstration rooms and other teaching
places in the premises of the teaching
hospitals shall remain functional as per practice before the commencement of this Act. The government shall,
with the passage of time, enhance such teaching places and
demonstration
rooms as per the needs of the teaching and training programs of the university.
(9)
The Senate shall prepare a job description of all the faculty members, on the recommendations
of syndicate, keeping
in view the teaching and training requirements
of the University and services delivery needs
of the teaching Hospital.
CHAPTER – III
OFFICERS OF THE UNIVERSITY
7. Officers of the University The following shall be the officers of the University; –
i. The
Chancellor;
ii. the
Vice-Chancellor;
iii. the
Deans;
iv. the
Principals of the constituents colleges;
v. the
Chairpersons of the Teaching
Departments;
vi. the
Registrar;
vii. the
Treasurer;
viii. the
Controller of Examination; and
ix. such other person as
may
be prescribed under
this Act.
8.Chancellor (1) The Governor of Sindh shall be the Chancellor
of the University and the Chairperson of the Senate.
(2) The Chancellor shall, when present,
preside at the meeting
of the Senate and the convocation
of the University. In the absence of the Chancellor the Senate may request a person of eminence to preside over
the convocation
of the University.
(3) The members of the Senate shall be appointed by the Chancellor
from amongst the persons recommended
by
Government or the Representation Committee set up by Government
in accordance with
the Act and the statutes, as the case may be, along with those
elected.
(4) Every proposal to confer an honorary degree shall
be subject to
confirmation by the Chancellor on the recommendations of Government.
(5) If the Chancellor is
satisfied that
serious
irregularity or mismanagement with respect
to the affairs of the University has occurred, he may inform
Government and Government 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 re-consideration has failed to address
the concern expressed, Government may, after
calling upon the Senate to show cause in writing,
appoint a five member Review Panel
to examine and report
to Government on the
functioning of the Senate. The report of the Review Panel shall
be submitted within
such
time
as
may
be
prescribed by Government. The Review Panel shall be drawn from persons
of eminence in academics and in the fields of
law, accountancy
and administratio
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 The Vice Chancellor (1) There
shall be a Vice-Chancellor of the University who shall be an eminent academic
or a distinguished administrator and shall be appointed
by the Chancellor on the recommendations
of Government.
(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 provision
of the
Act,
statutes,
regulations and rules are faithfully observed in order
to promote 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 setup by
statute. The Emergency Committee may direct such further action as is considered appropriate.
(5) The
Vice-Chancellor shall also have the following powers,;-
a) to direct teachers, officers and other employees of the
University to take up such assignment 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 ordinance 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.
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 Government:
Provided that the first Vice Chancellor
shall be appointed by the Chancellor on the basis of recommendations made by Government.
(2) A
Search Committee for the recommendation of the persons
suitable for appointment as Vice-Chancellor shall
be constituted by Government on
the
date and in
the
manner prescribed by the statutes and shall consist of two eminent members of the society nominated by Government of whom one shall be appointed
by
the convener, 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 Senate 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 and recommended by
Government to the Chancellor.
(4) The
Vice-Chancellor shall be appointed
for a renewable tenure by the Chancellor on the recommendations of Government for a period of five years on such terms and conditions
as Government may determine and shall hold office
to
the
pleasure of Government.
(5) The Senate may, pursuant to a resolution
in this behalf passed by three-fourth of its membership, recommend to the Chancellor, to remove 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 through Government. The Chancellor shall act upon the advice of
Government.
(7) At any time when the office of the Vice-Chancellor is vacant, or the Vice-Chancellor is absent, or he 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:
Provided that
the
first
Registrar
of
the
University
shall
be
appointed by the Vice-Chancellor.
(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 period of
three years:
Provided
that the Senate
may, on the advice of the
Vice-Chancellor, terminate the appointment of the registrar
on the 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:
Provided that the first Treasurer
shall be appointed
by the
Vice-Chancellor.
(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 there of 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 close of the financial year; and
e) perform such other duties
as may be prescribed.
(4) The term of office of the treasurer
shall be a renewable period of three years:
Provided that the Senate may, on the advice of the Vice- Chancellor, terminate the appointment of the treasurer
on grounds of inefficiency or misconduct in accordance with
prescribed procedure.
14. Controller of examinations (1) There shall be a controller of examinations, to be appointed
by the Senate on the recommendation
of the Vice-Chancellor, on such
terms and conditions as may be prescribed:
Provided
that the first Controller of Examinations
shall be appointed by the Vice-Chancellor.
(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
respective under graduate or post graduate 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: -
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) Graduate and Research Management Council;
(ii) Recruitment, Development,
Evaluation and Promotion Committees for teachers and other staff at the level of the Department, Faculty or University;
(iii) Career
Placement and Internship Committee of each Faculty;
(iv) Search
Committee for the appointment of the
Vice-Chancellor;
(v) the
Representation Committees
for appointment to the Senate, Syndicate
and the Academic Council;
(vi) Faculty Council; and
(vii) Departmental Council.
(2) The Senate, the Syndicate and the Academic Council may set up such other
committees
or sub-committees, by whatever name described, as are
considered desirable through Statutes
or Regulations as appropriate. Such
committees or
sub- committees shall be Authorities
of the University for the
purposes of this 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: -
a) the
Chancellor who shall be the Chairperson of the Senate;
b) the
Vice-Chancellor;
c) one member of Government not below
the
rank
of
Additional Secretary from the
Ministry of
Health,
Government of Sindh or any other department relevant to the
special focus of the University;
d) four persons from society at large being persons
of distinction in the fields
of administration, management, education, academics,
law,
accountancy, medicine,
fine
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 on the recommendations of
Government. 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 efforts shall be made, without compromising on quality or qualification, to give fair representation to women
on the Senate.
Provided further that as regards the University
Teachers described in clause (g) of sub-section
(1),the Senate shall prescribe a procedure for appointment on the basis of elections
that provide for voting
by
the various categories of University Teachers:
Provided also that the Senate may alternatively
prescribe that appointment of University Teachers to the Senate shall also be in the manner provided by this sub-section for the persons described in clauses (e) to (f) of sub-section (1).
(4) Members of the Senate, other than ex officio members, shall hold
office for three years. One-third
of the members, other than ex officio members,
of the first restructured Senate,
to be determined by lot, shall retire
from office on the expiration of one year from the
date of appointment by the Chancellor. One-half of the
remaining members, other than ex officio members,
of the first restructured Senate,
to be determined by lot, shall retire from office
on the expiration of two years from the date of appointment and the remaining one-half, other than ex officio
members, shall retire from office
on the expiration of the third year:
Provided that no person, other than an ex officio member, may
serve on the Senate for more than two consecutive terms:
Provided further that the University Teachers appointed to the
Senate may not serve for two consecutive terms. (5)
The
Senate shall meet at least twice in a calendar year.
(6) Service on the Senate
shall be on honorary basis:
Provided that actual expenses may be reimbursed as prescribed.
(7) The
Registrar shall be the secretary of the Senate.
(8) In the absence
of the Chancellor, meetings of the Senate
shall be presided over by such member, not being an employee of the
University or 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 powers 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 officers 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 faculty and 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
resources development plans of the
University;
h) to consider
the
drafts,
the
Statutes
and
Regulations
proposed by the Syndicate and the Academic Council and deal
with them in the manner as provided
for in section 25 and
26, as the case may be:
Provided that the Senate may frame 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 the Chancellor to
remove 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
the additional campus.
18. Visitations The Senate may, in accordance with the terms and procedures as may be prescribed, cause an inspection to be made in respect of the matters 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 setup 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, 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, equipments and
other means required
for carrying out the work of the University;
i) to establish and maintain halls of residence
and hostels or approve
or license hostels or lodgings for the residence
of students;
j) to recommend to the Senate
affiliation or disaffiliation of colleges;
k) to recommend to
the Senate admission of educational
institutions to the privileges of
the
University and withdraw such privileges;
l) to arrange
for
the
inspection of
colleges and
the departments;
m) to institute Professorships, Associate Professorships, Assistant Professorships,
Senior Registrarships, Lecturerships and other teaching
posts or to suspend or to
abolish such posts;
n) to create, suspend or abolish such administrative or other posts as may be necessary;
o) to prescribe
the duties of officers,
teachers and other employees of the University;
p) to report to the Senate on matters with respect
to which it has been asked to report;
q) to appoint members to various
Authorities in accordance
with the provisions of the Act;
r)
to propose drafts of Statutes
for submission to the Senate;
s) to regulate the conduct and discipline of the students
of the
University;
t) to take
actions necessary for the good
administration of the University in
general and to this end exercise all such powers as are necessary;
u) to delegate any of its powers to any Authority or officer or
a committee; and
v) to perform such other functions as have been assigned to it by the
provisions of the 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 Chairmen or Heads of
departments;
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;
h) the Medical
Superintendents
of
University
Hospital
or
Chandka Medical
College Hospital; and i)
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
constituents colleges the Senate may, as an alternative to election,
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 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 programs 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.
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,
the
Syndicate
and
the
Academic Council in accordance with the provisions of the Act.
(2) Members of the Representation Committee for appointments
to the Senate shall consist of the following: -
a) three
members of the Senate who are
not
University
Teachers;
b) two persons nominated by the University Teachers
from amongst themselves in the manner prescribed;
c)
one
person from the academic community, not employed
by the
University, at
the level of Professor or College Principal to be nominated by the University Teachers
in the manner prescribed; and
d) one eminent citizen with experience in administration,
philanthropy, development work, law or accountancy to be
nominated by the Senate.
(3) The
Representation Committee for
appointments to
the Syndicate and the Academic
Council shall consist of the following:
a) two
members
of
the
Senate
who
are
not
University
Teachers.
b)
Three persons nominated by the University
Teachers from amongst themselves in
the manner prescribed;
(4) The tenure of
the Representation Committee shall be three
years:
Provided that no member shall serve for more than two
consecutive terms.
(5) The procedures of the Representation Committee shall be as
may be prescribed.
(6) There may also be such other
Representation Committees set up by any of the
other
Authorities 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,
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 University employees;
d) the scales of pay and 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 purpose 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; 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 Act and approve such Statute after seeking the views of the Syndicate.
26. (1) Subject to the provisions of the Ordinance
and the statutes, 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 statutes.
(3) All funds generated by a teaching
department, constituent college or other unit of the University
through consultancy, research or other proviso 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 statutes, 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 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
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 the 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 purpose
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.
34 Benefits and insurance (1) The University shall constitute
for
the
benefit
of
its
officers,
teachers and other employees schemes, as may be prescribed, for the
provision of post-employment benefits as well as health
and life insurance while in service.
(2) Where any provident
fund has been constituted
under this Act the provisions of the Provident Fund Act, 1925, shall apply to such funds as if it were the Government Provident Fund.
35 Commencement of term of office of members of Authority (1) When
a member of a newly
constituted Authority is elected, appointed or nominated, his term of office, as 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 in the Act, the Governor
of Sindh shall promulgate the First statues and regulations which shall be deemed
to be
statutes and regulations framed
under sections 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. 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.
41. Indemnity No suit or legal proceedings shall lie against Government, the
University or any Authority officer
or employee of Government or
the University or any person in respect of anything which is done in good faith
under the Act.
42. Power to allow appointment of employees of 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
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 favorable than those admissible to him immediately before such appointment
and he shall be entitled to all benefits of his post of service.
BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SINDH
HADI BUX BURIRO SECRETARY
PROVINCIAL ASSEMBLY OF SINDH
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